Signed by Governor Chris Sununu

Vote Smart's Synopsis:

Vote to pass a bill that authorizes health providers to prescribe substance abuse treatments via telehealth services.

Highlights:

• Requires the Medicaid program to provide coverage and reimbursement for health care services provided through telemedicine on the same basis as the Medicaid program provides coverage and reimbursement for health care services provided in person (Sec. 1).

• Authorizes the following types of medical providers to perform health care services through the use of all modes of telehealth, including, but not limited to (Sec. 1):

• Physicians and physician assistants;

• Advanced practice nurses and registered nurses employed by home health care providers;

• Midwives;

• Psychologists;

• Allied health professionals;

• Dentists;

• Mental health practitioners;

• Community mental health providers employed by community mental health programs;

• Alcohol and other drug use professionals;

• Dietitians; and

• Professionals certified by the national behavior analyst certification board or persons performing services under the supervision of a person certified by the national behavior analyst certification board. 

• Requires an insurer offering a health plan in the state to provide coverage and reimbursement for health care services provided through telemedicine on the same basis as the insurer provides coverage and reimbursement for health care services provided in person (Sec. 3).

• Prohibits restrictions on eligible originating or distant sites for telehealth services (Sec. 3).

• Defines an “originating site” as the location of the member at the time the service is being furnished via a telecommunication system (Sec. 3).

• Defines a “distant site” as the location of the provider at the time the service is being furnished via a telecommunication system (Sec. 3).

• Establishes a commission to study telehealth services that will (Sec. 4):

• Review available data compiled by the department of insurance requested by the commission, including utilization and cost of services through telehealth;

• Review available data compiled by health care providers requested by the commission, including utilization, patient experience, delivery costs, and savings achieved through telehealth; and

• Review other information and material as determined by the commission. 

• Requires a health care provider, with written consent of the patient receiving medication-assisted treatment through telehealth services, to provide notification of the patient’s medication-assisted treatment to the doorway within the region where the patient resides (Sec. 8).

• Defines “doorways” as the statewide points of entry for the delivery of substance use services (Sec. 6).

• Specifies that prescription authority is limited to a practitioner licensed to prescribe the drug in compliance with all federal laws (Sec. 9).

• Requires an initial face-to-face in-person exam for certain medication-assisted treatments, with the exception of the locations specified later in these highlights (Sec. 9).

• Specifies that it is unlawful for any person to prescribe via telemedicine a controlled drug classified in schedule II through IV, except substance use disorder (SUD) treatment as permitted in the following specified locations, with the exception of methadone hydrochloride (Sec. 11).

• Specifies that a provider is not required to establish care via face-to-face in-person service when (Sec. 7, 9, & 11):

• The provider is a Department of Veteran Affairs (VA) practitioner or VA-contracted practitioner not required to obtain a special registration;

• The patient is being treated by, and is physically located in a correctional facility administered by the state of New Hampshire or a New Hampshire county;

• The patient is being treated by, and is physically located in a doorway;

• The patient is being treated by and is physically located in a state-designated community mental health center; or

• The patient is being treated by, and physically located in, a registered hospital or clinic.

Full Bill Text