HOUSE DOCKET, NO. 838        FILED ON: 1/17/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2254

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Smitty Pignatelli

_________________

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 reducing barriers to telehealth care.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Smitty Pignatelli

3rd Berkshire

1/17/2023

Christopher Hendricks

11th Bristol

1/19/2023

John Barrett, III

1st Berkshire

1/20/2023

Bud L. Williams

11th Hampden

1/20/2023

Josh S. Cutler

6th Plymouth

1/20/2023

Rodney M. Elliott

16th Middlesex

1/25/2023

Brian M. Ashe

2nd Hampden

1/30/2023

Tricia Farley-Bouvier

2nd Berkshire

2/8/2023

Jason M. Lewis

Fifth Middlesex

2/17/2023


HOUSE DOCKET, NO. 838        FILED ON: 1/17/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2254

By Representative Pignatelli of Lenox, a petition (accompanied by bill, House, No. 2254) of Smitty Pignatelli and others for legislation to further regulate healthcare services to a patient via telehealth.  Public Health.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-Third General Court
(2023-2024)

_______________

 

An Act reducing barriers to telehealth care.

 

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. Chapter 112 of the General Laws is hereby amended by striking out section 5O, and inserting in place thereof the following section:-

Section 5O. (a) For purposes of this chapter “telehealth” shall mean the use of synchronous or asynchronous audio, video, electronic media or other telecommunications technology, including, but not limited to: (i) interactive audio-video technology; (ii) remote patient monitoring devices; (iii) audio-only telephone; and (iv) online adaptive interviews, for the purpose of evaluating, diagnosing, consulting, prescribing, treating or monitoring of a patient’s physical health, oral health, mental health or substance use disorder condition.

(b) A Physician licensed pursuant to this chapter may provide healthcare services to a patient via telehealth from any location within Massachusetts or outside Massachusetts, provided that the following conditions are met: (i) the patient is physically located in Massachusetts at the time the healthcare services are provided; (ii) the location from which the physician provides the services does not compromise patient confidentiality and privacy; and (iii) the location from which the physician provides the services does not exceed restrictions placed on the physician’s specific license, including but not limited to, restrictions set by the hospital, institution, clinic or program in which a physician licensed pursuant to section 9 of this chapter has been appointed.

(c) Health care services provided via telehealth shall conform to the standards of care applicable to services rendered in person and shall also conform to applicable federal and state health information privacy and security standards as well as standards for informed consent.

(d) Notwithstanding any provision of this chapter to the contrary, the board shall allow a physician licensed by the board to obtain proxy credentialing and privileging for telehealth services from other health care providers, as defined in section 1 of chapter 111, or facilities that comply with the federal Centers for Medicare and Medicaid Services’ conditions of participation for telehealth services.