The Gratitude Edition

Happy Thanksgiving to you. We hope you’re filled with gratitude and personal satisfaction for the opportunity to help more people access quality healthcare. We sure are!

For almost two years now, we’ve been publishing this regular update of law and policy changes for virtual care and telehealth business leaders. We connect with so many of you because of these updates, and it’s exciting to see what you’re building and how your businesses are growing.

If this newsletter adds value for you, we’d appreciate it if you’d take 30 seconds to give us a Like and leave a comment to tell others in your network why they should check it out. Thank you for helping us reach more people working to improve healthcare access. Now let’s get on to the updates!

Alaska 

Establishes New Telehealth Standards for Optometry

TLDR: Effective November 15, 2023, Alaska’s Board of Examiners in Optometry adopted a rule outlining the standards for optometrists conducting patient visits via telehealth.  Specifically, the rule addresses requirements for licensure, the optometrist-patient relationship, standard of care, and prescribing.

Key Takeaways:

• Optometrists must be licensed by the Board of Examiners in Optometry to practice telehealth in the state.
• Before conducting a visit via telehealth, the optometrist must establish an optometrist-patient relationship verbally, in writing, or by conducting an in-person exam.
• Telehealth practitioners are held to the same standards of practice as if they were providing in-person services.
• Practitioners may not order an ophthalmic prescription to correct a refractive error based solely on an examination conducted through telehealth. 
• Check out the full revisions here. 

California 

Authorizes Out-of-State Telemedicine for Immediately Life-Threatening Conditions

TLDR: Effective October 13, 2023, California enacted a law widening the scope of license exemptions for out-of-state physicians practicing telehealth. Specifically, the law states that a person licensed as a physician in another state would be authorized to deliver health care via telehealth to an eligible patient who, among other requirements, has an immediately life-threatening disease or condition.

Key Takeaways:

• An “immediately life-threatening disease or condition” means a stage of disease in which there is a reasonable likelihood that death will occur within a few months. 
• An eligible patient must meet the following requirements:Has an immediately life-threatening disease or condition;Has given written consent for the services and release of their medical records;Has either not been accepted to participate in a clinical trial, or their primary physician decides it is unreasonable for them to participate in a clinical trial; andHas documentation from their primary physician stating that they meet the above requirements.
• Check out the full revisions here.

Michigan 

Establishes Telemedicine Guidelines for Dentistry

TLDR: Effective October 2, 2023, Michigan’s Board of Dentistry adopted a rule providing for the practice of dentistry via telemedicine. Specifically, the rule focuses on consent, standards of care, and prescribing requirements.

Key Takeaways:

• “Telemedicine” is defined as the use of electronic media to link patients with healthcare professionals in different locations.
• Practitioners engaging in telehealth must be licensed, registered, or otherwise authorized to practice in Michigan. 
• Practitioners must explain the alternatives, capabilities, limitations, and the ability to decline telehealth services to the patient. 
• Telemedicine practitioners are held to the same standards of practice as if they were providing in-person services.
• Licensed practitioners may prescribe a drug during a telemedicine visit if they:Are acting within their scope of practice;Meet Michigan’s requirements for tele-prescribing under the Public Health Code; andProvide follow-up care services to the patient.
• Check out the full revisions here.

Washington 

Expands Medicaid Childbirth Education Program

TLDR: Effective November 12, 2023, Washington’s Health Care Authority adopted a rule that expands Washington Medicaid to cover online Childbirth Education sessions, provided that a number of requirements are met. Specifically, the online CBE program must follow up with clients participating in online classes through telemedicine. Providers may conduct follow-ups via audio-only telemedicine. This change increases access to CBE services in Washington to those who would otherwise be unable to attend in-person sessions. 

Key Takeaways:

• The agency covers one CBE class series per client per pregnancy.
• An online CBE provider must maintain an electronically signed copy of each client’s Freedom of Choice and Consent for Services forms. 
• CBE classes must include a minimum of six hours of instruction
• If the client does not appear for the follow-up visit, the provider must attempt to connect with the client again before billing the agency.
• Check out the full revisions here. 

And that brings another issue to a close.

As always, know that if you’re a client of Nixon Gwilt Law, then we’re keeping tabs on all of these law and policy changes for you.

You don’t have to worry about tracking all these updates on your own or making key business decisions without fully understanding the evolving landscape.

(And with 50 states and multiple federal agencies, something is always changing).

If you’re not yet a Nixon Gwilt Law client, you can explore how we help businesses like yours innovate by clicking here.

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See you next time!