HOUSE DOCKET, NO. 1829        FILED ON: 1/15/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 267

The Commonwealth of Massachusetts

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PRESENTED BY:

John W. Scibak

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act advancing and expanding access to telemedicine services.

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PETITION OF:

HOUSE DOCKET, NO. 1829        FILED ON: 1/15/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 267

The Commonwealth of Massachusetts

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In the One Hundred and Eighty-Ninth General Court
(2015-2016)

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An Act advancing and expanding access to telemedicine services.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Section 2 of Chapter 112 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting at the end thereof the following:

Notwithstanding any other provision of this chapter, the board shall promulgate regulations allowing telemedicine licensure/credentialing that is consistent with federal regulations, including but not limited to: (1) allowing physicians to practice telemedicine between different states; and (2) allowing physicians or healthcare facilities to have either a written agreement or the proxy credentialing and privileging for telemedicine services with other healthcare providers or facilities that shall include authorizing deemed status consistent with federal Medicare Conditions of Participation credentialing standards.  For the purpose of these regulations “telemedicine” shall mean the use of interactive audio, video or other electronic media for the purpose of diagnosis, consultation or treatment.

SECTION 2. Notwithstanding any general or special law or rule or regulation to the contrary, the Division of Professional Licensure within the Department of Public Health shall amend the applicable licensure regulations for clinicians with authority to deliver health care or behavioral health services to have either a written agreement or the proxy credentialing and privileging for telemedicine services with other healthcare providers that shall include authorizing deemed status consistent with federal Medicare Conditions of Participation credentialing standards.  For the purpose of these regulations “telemedicine” shall mean the use of interactive audio, video or other electronic media for the purpose of diagnosis, consultation or treatment.

SECTION 3. Section 118E of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting at the end thereof the following new section:

Section 78. Notwithstanding any general or special law or rule or regulation to the contrary, the Executive Office of Health and Human Services shall provide coverage under its Medicaid contracted health insurers, health plans, health maintenance organizations, behavioral health management firms and third party administrators under contract to a Medicaid managed care organization or the Medicaid primary care clinician plans for health care services provided by telemedicine at a rate no less than the applicable coverage for health care services provided through in-person consultation or in-person delivery of services.  For the purposes of this coverage, “telemedicine” shall mean the use of interactive audio, video or other electronic media for the purpose of diagnosis, consultation or treatment.

SECTION 4. Section 47BB of chapter 175 of the General Laws, as most recently added by Section 158 of Chapter 224 of the Acts of 2012, is hereby amended by striking subsections (a)-(d) and replacing it with the following:

(a) For the purposes of this section, “telemedicine” as it pertains to the delivery of health care services, shall mean the use of interactive audio, video or other electronic media for the purpose of diagnosis, consultation or treatment.

(b) In-person contact between a health care provider, as defined in section 1 of Chapter 111 of the General Laws, and a patient shall not be required for services appropriately provided through telemedicine, subject to reimbursement policies to compensate a licensed health care provider who provides health care services through telemedicine that are otherwise reimbursed pursuant to the coverage for health care services. A provider shall not be required to document a barrier to an in-person visit prior to the delivery of services provided via telemedicine.

(c) For the purposes of coverage for services provided through telemedicine, a carrier, as defined in section 1 of chapter 176O, shall not limit the type of setting where services are provided for the patient or by the health care provider.

(d) Coverage of health care services for telemedicine shall be at a rate no less than the applicable coverage for health care services provided through in-person consultation or in-person delivery of services.  A contract that provides coverage for telemedicine services may contain a provision for a deductible, copayment or coinsurance requirement for a health care service provided through telemedicine as long as the deductible, copayment or coinsurance does not exceed the deductible, copayment or coinsurance applicable to an in-person consultation or in-person delivery of services.

SECTION 5.  Notwithstanding any general or special law or regulation to the contrary, a Carrier, as defined in Section 1 of Chapter 176O, the Group Insurance Commission and any carrier or other entity which contracts with the Commission to provide health benefits to eligible Employees and Retirees and their eligible dependents, shall adopt and implement the telemedicine provisions under Section 47BB of Chapter 175 of the General Laws.

SECTION 6. The provisions this Act shall be effective for all contracts which are entered into, renewed, or amended on or after January 1, 2016.