Vetoed by Governor Tom Wolf

Vote Smart's Synopsis:

Vote to amend and pass a bill that authorizes the regulation of telemedicine, including the exclusion of access to medical abortions.

Highlights:

• Defines “audio-only medium” as a prerecorded audio presentation or recording (Sec. 1, Pg. 14).

• Defines “health care provider” as any of the following (Sec. 1, Pgs. 14 & 15):

• A health care practitioner;

• A federally qualified health center;

• A rural health clinic;

• A general, mental, or chronic disease or another type of hospital licensed in this commonwealth;

• A pharmacist who holds a valid license;

• An occupational therapist who holds a valid license;

• A speech-language pathologist who holds a valid license;

• An audiologist who holds a valid license;

• A dental hygienist who holds a valid license;

• A social worker, clinical social worker, marriage and family therapist, or a professional counselor who holds a valid license;

• A registered nurse who holds a valid license;

• A genetic counselor who holds a valid license; or

• An out-of-state health care provider.

• Defines “health care services” as services for the diagnosis, prevention, treatment, cure, or relief of a health condition, injury, disease, or illness (Sec. 1, Pg. 15).

• Defines “health insurance policy” as an individual or group health insurance policy, contract, or plan that provides coverage for services provided by a health care facility or health care provider that is offered by a health insurer, or that provides dental or vision coverage through a provider network (Sec. 1, Pgs. 15 & 16).

• Specifies that a health insurance policy does not include accident-only, fixed indemnity, limited benefit, credit, dental, vision, specified disease, medicare supplement, civilian health and medical program of the uniformed services (CHAMPUS) supplement, long-term care or disability income, workers’ compensation or automobile medical payment insurance (Sec. 1, Pg. 16).

• Defines “interactive audio and video” as real-time 2-way or multiple-way communication between a health care provider and a patient (Sec. 1, Pg. 16).

• Defines “on-call or cross-coverage services” as the provision of telemedicine by a health care provider designated by another provider with a provider-patient relationship to deliver services on a temporary basis so long as the designated provider is in the same group or health system, has access to the patient’s prior medical records, holds a valid license, and is in a position to coordinate care (Sec. 1, Pg. 17).

• Defines “out of state health care provider” as a health care provider providing telemedicine services that holds a valid license, certificate, or registration in another jurisdiction and is (Sec. 1, Pg. 17):

• Discharging official duties in the armed forces of the United States, the United States public health services, or the United States Department of Veterans Affairs;

• Providing telemedicine services to a patient through a federally operated facility;

• Providing telemedicine services in response to an emergency medical condition, if the care for the patient is referred to an appropriate health care provider in this state as promptly as possible under the circumstances;

• Providing provider-to-provider consultation services; or

• Providing services that would otherwise be exempt from the requirement of licensure, certification, or registration in this state under the respective licensure act.

• Defines “participating network provider” as a health care provider that has a network participation agreement with an insurer (Sec. 1, Pg. 17).

• Defines “store and forward” as a technology that stores and transmits or grants access to a patient’s clinical information for review by a health care provider who is at a different location, and does not include storage, transmission, or use of electronic medical records without the concurrent transmission of additional clinical information not already present in the electronic medical records (Sec. 1, Pg. 18).

• Defines “telemedicine” as the delivery of health care services provided through telemedicine technologies to a patient by a health care provider who is at a different location (Sec. 1, Pg. 18).

• Specifies that telemedicine technologies do not include the use of an audio-only medium, voicemail, facsimile, e-mail, instant messaging, text messaging, or online questionnaire or a combination thereof (Sec. 1, Pg. 18 & 19).

• Authorizes a health care provider who holds a valid license, certificate, or registration from a state professional licensure board to practice telemedicine in accordance with the aforementioned provisions (Sec. 1, Pg. 19).

• Requires all health care providers who engage in telemedicine to consider model policies and clinical guidelines for the appropriate use of telemedicine technologies, and include patient privacy and data security standards that are in compliance with the Health Insurance Portability and Accountability Act of 1996 and the Health Information Technology for Economic and Clinical Health Act (Sec. 1, Pg. 19).

• Authorizes the licensure boards to implement temporary regulations within 120 days of the effective date of this act in order to facilitate the prompt implementation of the aforementioned provisions (Sec. 1, Pg. 19 & 20).

• Prohibits telemedicine services or telemedicine technologies from being utilized or employed for the delivery or administration of any medications or health care services, which are, as of July 1, 2019, required to be delivered or administered in a health care clinic, medical facility, physician’s office, hospital or ambulatory surgical facility, according to federal or state statute, regulation or promulgated regulatory rule or by the United States Food and Drug Administration risk evaluation and mitigation strategies (Sec. 1, Pg. 21 & 22).

Full Bill Text

Vote Smart's Synopsis:

Vote to amend and pass a bill that authorizes the regulation of telemedicine, including the exclusion of access to medical abortions.

Highlights:

• Defines “audio-only medium” as a prerecorded audio presentation or recording (Sec. 1, Pg. 14).

• Defines “health care provider” as any of the following (Sec. 1, Pgs. 14 & 15):

• A health care practitioner;

• A federally qualified health center;

• A rural health clinic;

• A general, mental, or chronic disease or another type of hospital licensed in this commonwealth;

• A pharmacist who holds a valid license;

• An occupational therapist who holds a valid license;

• A speech-language pathologist who holds a valid license;

• An audiologist who holds a valid license;

• A dental hygienist who holds a valid license;

• A social worker, clinical social worker, marriage and family therapist, or a professional counselor who holds a valid license;

• A registered nurse who holds a valid license;

• A genetic counselor who holds a valid license; or

• An out-of-state health care provider.

• Defines “health care services” as services for the diagnosis, prevention, treatment, cure, or relief of a health condition, injury, disease, or illness (Sec. 1, Pg. 15).

• Defines “health insurance policy” as an individual or group health insurance policy, contract, or plan that provides coverage for services provided by a health care facility or health care provider that is offered by a health insurer, or that provides dental or vision coverage through a provider network (Sec. 1, Pgs. 15 & 16).

• Specifies that a health insurance policy does not include accident-only, fixed indemnity, limited benefit, credit, dental, vision, specified disease, medicare supplement, civilian health and medical program of the uniformed services (CHAMPUS) supplement, long-term care or disability income, workers’ compensation or automobile medical payment insurance (Sec. 1, Pg. 16).

• Defines “interactive audio and video” as real-time 2-way or multiple-way communication between a health care provider and a patient (Sec. 1, Pg. 16).

• Defines “on-call or cross-coverage services” as the provision of telemedicine by a health care provider designated by another provider with a provider-patient relationship to deliver services on a temporary basis so long as the designated provider is in the same group or health system, has access to the patient’s prior medical records, holds a valid license, and is in a position to coordinate care (Sec. 1, Pg. 17).

• Defines “out of state health care provider” as a health care provider providing telemedicine services that holds a valid license, certificate, or registration in another jurisdiction and is (Sec. 1, Pg. 17):

• Discharging official duties in the armed forces of the United States, the United States public health services, or the United States Department of Veterans Affairs;

• Providing telemedicine services to a patient through a federally operated facility;

• Providing telemedicine services in response to an emergency medical condition, if the care for the patient is referred to an appropriate health care provider in this state as promptly as possible under the circumstances;

• Providing provider-to-provider consultation services; or

• Providing services that would otherwise be exempt from the requirement of licensure, certification, or registration in this state under the respective licensure act.

• Defines “participating network provider” as a health care provider that has a network participation agreement with an insurer (Sec. 1, Pg. 17).

• Defines “store and forward” as a technology that stores and transmits or grants access to a patient’s clinical information for review by a health care provider who is at a different location, and does not include storage, transmission, or use of electronic medical records without the concurrent transmission of additional clinical information not already present in the electronic medical records (Sec. 1, Pg. 18).

• Defines “telemedicine” as the delivery of health care services provided through telemedicine technologies to a patient by a health care provider who is at a different location (Sec. 1, Pg. 18).

• Specifies that telemedicine technologies do not include the use of an audio-only medium, voicemail, facsimile, e-mail, instant messaging, text messaging, or online questionnaire or a combination thereof (Sec. 1, Pg. 18 & 19).

• Authorizes a health care provider who holds a valid license, certificate, or registration from a state professional licensure board to practice telemedicine in accordance with the aforementioned provisions (Sec. 1, Pg. 19).

• Requires all health care providers who engage in telemedicine to consider model policies and clinical guidelines for the appropriate use of telemedicine technologies, and include patient privacy and data security standards that are in compliance with the Health Insurance Portability and Accountability Act of 1996 and the Health Information Technology for Economic and Clinical Health Act (Sec. 1, Pg. 19).

• Authorizes the licensure boards to implement temporary regulations within 120 days of the effective date of this act in order to facilitate the prompt implementation of the aforementioned provisions (Sec. 1, Pg. 19 & 20).

• Prohibits telemedicine services or telemedicine technologies from being utilized or employed for the delivery or administration of any medications or health care services, which are, as of July 1, 2019, required to be delivered or administered in a health care clinic, medical facility, physician’s office, hospital or ambulatory surgical facility, according to federal or state statute, regulation or promulgated regulatory rule or by the United States Food and Drug Administration risk evaluation and mitigation strategies (Sec. 1, Pg. 21 & 22).

Full Bill Text