ARTICLE
4 December 2019

New 50-State Telemedicine Survey Finds Significant Progress In Commercial Payer Laws Nationwide

FL
Foley & Lardner

Contributor

Foley & Lardner LLP looks beyond the law to focus on the constantly evolving demands facing our clients and their industries. With over 1,100 lawyers in 24 offices across the United States, Mexico, Europe and Asia, Foley approaches client service by first understanding our clients’ priorities, objectives and challenges. We work hard to understand our clients’ issues and forge long-term relationships with them to help achieve successful outcomes and solve their legal issues through practical business advice and cutting-edge legal insight. Our clients view us as trusted business advisors because we understand that great legal service is only valuable if it is relevant, practical and beneficial to their businesses.
For years, Foley has monitored legal policy in the telemedicine and digital health industry, following how advances in technology have coupled with improved state regulations to supercharge ...
United States Technology

For years, Foley has monitored legal policy in the telemedicine and digital health industry, following how advances in technology have coupled with improved state regulations to supercharge the growth of telehealth and virtual care services in the United States. We now share the results of our 2019 survey, which confirm significant legal advancements supporting the industry. We decided to share our findings to help hospitals, provider groups, telehealth entrepreneurs, and policymakers better understand the current state of affairs and advocate for change to improve access to and meaningful coverage and reimbursement of telehealth services. 

In our original 2014 Telemedicine Survey, 87% of surveyed providers reported they did not expect their patients to use telemedicine. In a follow-up survey three years later, our 2017 findings reported a surging demand in telemedicine services, with three quarters of surveyed providers stating they had already implemented, or were planning to implement, telemedicine services.  Fast-forward another two years and, while reimbursement constraints remain a major frustration for telehealth, the policy landscape has significantly improved. 

Foley's 50-state survey of telehealth commercial payer statutes examines each individual state and the District of Columbia (DC). We provide the actual language of all the statutes and regulations and have created a multistate table and various heat maps to better illustrate the landscape and give policymakers and industry advocates a macro perspective. Our summaries and analyses reveal trends and patterns, and  highlight subtle but important differences between state law language. 

Coverage Provisions

While it is true that clarity of coverage and limitations on reimbursement remain  major frustrations for telehealth growth, the legal landscape has materially improved. Currently, 42 states and DC maintain some sort of state telehealth commercial payer law; a sea change compared to a decade ago. California is the most recent example of a state amending its prior telehealth coverage law to improve it and better account for the current state of telehealth. 

Reimbursement Provisions

In 2020, we anticipate more efforts among states to update  their prior telehealth coverage laws to keep pace with the industry's growth. For that reason, we included in our survey model legislative language  for stakeholders to consider when advocating for changes to these state laws.  

With the holiday season upon us, we want to take a moment to extend our sincere gratitude and thanks to the telehealth advocacy groups, professional associations, academic medical centers, lawmakers, visionary start-ups, bold entrepreneurs, the Telehealth Resource Centers, the Center for Connected Health Policy, the American Telemedicine Association, the Center for Telehealth and e-Health Law, and all the individuals who have helped – and continue to help – make telehealth what it is today. You have been relentless in your energy, enthusiasm, and shared conviction that virtual care technologies can, and will, change the way healthcare is delivered.

To read the full survey, download the 2019 report.

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