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Connecticut House Bill HB06562

Connecticut 2023 Regular Session

Connecticut House Bill HB06562 Compare Versions

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77 General Assembly Raised Bill No. 6562
88 January Session, 2023
99 LCO No. 3315
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1111
1212 Referred to Committee on PUBLIC HEALTH
1313
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1515 Introduced by:
1616 (PH)
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1818
1919
2020 AN ACT CONCERNING TELEHEALTH.
2121 Be it enacted by the Senate and House of Representatives in General
2222 Assembly convened:
2323
2424 Section 1. Section 19a-906 of the general statutes is repealed and the 1
2525 following is substituted in lieu thereof (Effective from passage): 2
2626 (a) As used in this section: 3
2727 (1) "Asynchronous" means any transmission to another site for 4
2828 review at a later time that uses a camera or other technology to capture 5
2929 images or data to be recorded. 6
3030 (2) "Connecticut medical assistance program" means the state's 7
3131 Medicaid program and the Children's Health Insurance Program 8
3232 administered by the Department of Social Services. 9
3333 [(2)] (3) "Facility fee" has the same meaning as in section 19a-508c. 10
3434 [(3)] (4) "Health record" means the record of individual, health-11
3535 related information that may include, but need not be limited to, 12
36-continuity of care documents, discharge summaries and other 13 Bill No. 6562
36+continuity of care documents, discharge summaries and other 13
37+information or data relating to a patient's demographics, medical 14 Bill No. 6562
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43-information or data relating to a patient's demographics, medical 14
4444 history, medication, allergies, immunizations, laboratory test results, 15
4545 radiology or other diagnostic images, vital signs and statistics. 16
4646 [(4)] (5) "Medical history" means information, including, but not 17
4747 limited to, a patient's past illnesses, medications, hospitalizations, 18
48-family history of illness if known, the name and address of the patient's 19
49-primary care provider if known and other matters relating to the health 20
50-condition of the patient at the time of a telehealth interaction. 21
51-[(5)] (6) "Medication-assisted treatment" means the use of 22
52-medications approved by the federal Food and Drug Administration, in 23
53-combination with counseling and behavioral therapies, to provide a 24
54-whole-patient approach to the treatment of substance use disorders. 25
55-[(6)] (7) "Originating site" means a site at which a patient is located at 26
56-the time health care services are provided to the patient by means of 27
57-telehealth. 28
58-[(7)] (8) "Peripheral devices" means the instruments a telehealth 29
59-provider uses to perform a patient exam, including, but not limited to, 30
60-stethoscope, otoscope, ophthalmoscope, sphygmomanometer, 31
61-thermometer, tongue depressor and reflex hammer. 32
62-[(8)] (9) "Remote patient monitoring" means the personal health and 33
63-medical data collection from a patient in one location via electronic 34
64-communication technologies that is then transmitted to a telehealth 35
65-provider located at a distant site for the purpose of health care 36
66-monitoring to assist the effective management of the patient's treatment, 37
67-care and related support. 38
68-[(9)] (10) "Store and forward transfer" means the asynchronous 39
69-transmission of a patient's medical information from an originating site 40
70-to the telehealth provider at a distant site. 41
71-[(10)] (11) "Synchronous" means real-time interactive technology. 42 Bill No. 6562
48+family history of illness if known, the name and address of the 19
49+patient's primary care provider if known and other matters relating to 20
50+the health condition of the patient at the time of a telehealth 21
51+interaction. 22
52+[(5)] (6) "Medication-assisted treatment" means the use of 23
53+medications approved by the federal Food and Drug Administration, 24
54+in combination with counseling and behavioral therapies, to provide a 25
55+whole-patient approach to the treatment of substance use disorders. 26
56+[(6)] (7) "Originating site" means a site at which a patient is located 27
57+at the time health care services are provided to the patient by means of 28
58+telehealth. 29
59+[(7)] (8) "Peripheral devices" means the instruments a telehealth 30
60+provider uses to perform a patient exam, including, but not limited to, 31
61+stethoscope, otoscope, ophthalmoscope, sphygmomanometer, 32
62+thermometer, tongue depressor and reflex hammer. 33
63+[(8)] (9) "Remote patient monitoring" means the personal health and 34
64+medical data collection from a patient in one location via electronic 35
65+communication technologies that is then transmitted to a telehealth 36
66+provider located at a distant site for the purpose of health care 37
67+monitoring to assist the effective management of the patient's 38
68+treatment, care and related support. 39
69+[(9)] (10) "Store and forward transfer" means the asynchronous 40
70+transmission of a patient's medical information from an originating site 41
71+to the telehealth provider at a distant site. 42
72+[(10)] (11) "Synchronous" means real-time interactive technology. 43 Bill No. 6562
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78-[(11)] (12) "Telehealth" means the mode of delivering health care or 43
79-other health services via information and communication technologies 44
80-to facilitate the diagnosis, consultation and treatment, education, care 45
81-management and self-management of a patient's physical and mental 46
82-health, and includes [(A)] interaction between the patient at the 47
83-originating site and the telehealth provider at a distant site, and [(B)] 48
84-synchronous interactions, asynchronous store and forward transfers or 49
85-remote patient monitoring. [Telehealth] "Telehealth" does not include 50
86-(A) the use of facsimile, [audio-only telephone,] texting or electronic 51
87-mail, or (B) audio-only telephone unless the telehealth provider is (i) in-52
88-network, or (ii) a provider enrolled in the Connecticut medical 53
89-assistance program providing such health care or other health services 54
90-to a Connecticut medical assistance program recipient. 55
91-[(12)] (13) "Telehealth provider" means (A) any physician or 56
92-physician assistant licensed under chapter 370, physical therapist or 57
93-physical therapist assistant licensed under chapter 376, chiropractor 58
94-licensed under chapter 372, naturopath licensed under chapter 373, 59
95-podiatrist licensed under chapter 375, occupational therapist or 60
96-occupational therapy assistant licensed under chapter 376a, optometrist 61
97-licensed under chapter 380, registered nurse or advanced practice 62
98-registered nurse licensed under chapter 378, [physician assistant 63
99-licensed under chapter 370,] psychologist licensed under chapter 383, 64
100-marital and family therapist licensed under chapter 383a, clinical social 65
101-worker or master social worker licensed under chapter 383b, alcohol 66
102-and drug counselor licensed under chapter 376b, professional counselor 67
103-licensed under chapter 383c, dietitian-nutritionist certified under 68
104-chapter 384b, speech and language pathologist licensed under chapter 69
105-399, respiratory care practitioner licensed under chapter 381a, 70
106-audiologist licensed under chapter 397a, pharmacist licensed under 71
107-chapter 400j, [or] paramedic licensed pursuant to chapter 384d, nurse-72
108-midwife licensed under chapter 377, dentist licensed under chapter 379, 73
109-behavior analyst licensed under chapter 382a, genetic counselor 74
110-licensed under chapter 383d, music therapist, as defined in section 20-75
111-195ggg, art therapist licensed under chapter 383g or athletic trainer 76 Bill No. 6562
79+[(11)] (12) "Telehealth" means the mode of delivering health care or 44
80+other health services via information and communication technologies 45
81+to facilitate the diagnosis, consultation and treatment, education, care 46
82+management and self-management of a patient's physical and mental 47
83+health, and includes [(A)] interaction between the patient at the 48
84+originating site and the telehealth provider at a distant site, and [(B)] 49
85+synchronous interactions, asynchronous store and forward transfers or 50
86+remote patient monitoring. [Telehealth] "Telehealth" does not include 51
87+(A) the use of facsimile, [audio-only telephone,] texting or electronic 52
88+mail, or (B) audio-only telephone unless the telehealth provider is (i) 53
89+in-network, or (ii) a provider enrolled in the Connecticut medical 54
90+assistance program providing such health care or other health services 55
91+to a Connecticut medical assistance program recipient. 56
92+[(12)] (13) "Telehealth provider" means (A) any physician or 57
93+physician assistant licensed under chapter 370, physical therapist or 58
94+physical therapist assistant licensed under chapter 376, chiropractor 59
95+licensed under chapter 372, naturopath licensed under chapter 373, 60
96+podiatrist licensed under chapter 375, occupational therapist or 61
97+occupational therapy assistant licensed under chapter 376a, 62
98+optometrist licensed under chapter 380, registered nurse or advanced 63
99+practice registered nurse licensed under chapter 378, [physician 64
100+assistant licensed under chapter 370,] psychologist licensed under 65
101+chapter 383, marital and family therapist licensed under chapter 383a, 66
102+clinical social worker or master social worker licensed under chapter 67
103+383b, alcohol and drug counselor licensed under chapter 376b, 68
104+professional counselor licensed under chapter 383c, dietitian-69
105+nutritionist certified under chapter 384b, speech and language 70
106+pathologist licensed under chapter 399, respiratory care practitioner 71
107+licensed under chapter 381a, audiologist licensed under chapter 397a, 72
108+pharmacist licensed under chapter 400j, [or] paramedic licensed 73
109+pursuant to chapter 384d, nurse-midwife licensed under chapter 377, 74
110+dentist licensed under chapter 379, behavior analyst licensed under 75
111+chapter 382a, genetic counselor licensed under chapter 383d, music 76
112+therapist, as defined in section 20-195ggg, art therapist licensed under 77 Bill No. 6562
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118-licensed under chapter 375a who [is providing] provides health care or 77
119-other health services through the use of telehealth within such person's 78
120-scope of practice and in accordance with the standard of care applicable 79
121-to the profession, and (B) [on and after July 1, 2024, an appropriately 80
122-licensed, certified or registered physician, naturopath, registered nurse, 81
123-advanced practice registered nurse, physician assistant, psychologist, 82
124-marital and family therapist, clinical social worker, master social 83
125-worker, alcohol and drug counselor, professional counselor, dietitian-84
126-nutritionist, nurse-midwife, behavior analyst, music therapist or art 85
127-therapist, in another state or territory of the United States or the District 86
128-of Columbia, who (i) provides telehealth services under any relevant 87
129-order issued pursuant to section 19a-906a, (ii) provides mental or 88
130-behavioral health care through the use of telehealth within such person's 89
131-scope of practice and in accordance with the standard of care applicable 90
132-to the profession, and (iii)] any appropriately licensed, certified or 91
133-registered physician, physician assistant, physical therapist, physical 92
134-therapist assistant, chiropractor, naturopath, podiatrist, occupational 93
135-therapist, occupational therapy assistant, optometrist, registered nurse, 94
136-advanced practice registered nurse, psychologist, marital and family 95
137-therapist, clinical social worker, master social worker, alcohol and drug 96
138-counselor, professional counselor, dietitian-nutritionist, speech and 97
139-language pathologist, respiratory care practitioner, audiologist, 98
140-pharmacist, paramedic, nurse-midwife, dentist, behavior analyst, 99
141-genetic counselor, music therapist, art therapist or athletic trainer, in 100
142-another state or territory of the United States or the District of Columbia, 101
143-who provides health care or other health services through the use of 102
144-telehealth within such person's scope of practice and in accordance with 103
145-the standard of care applicable to the profession and maintains 104
146-professional liability insurance, or other indemnity against liability for 105
147-professional malpractice, in an amount that is equal to or greater than 106
148-that required for similarly licensed, certified or registered Connecticut 107
149-[mental or behavioral] health care providers. 108
150-(b) (1) A telehealth provider shall only provide telehealth services to 109
151-a patient when the telehealth provider: (A) Is communicating through 110 Bill No. 6562
119+chapter 383g or athletic trainer licensed under chapter 375a who [is 78
120+providing] provides health care or other health services through the 79
121+use of telehealth within such person's scope of practice and in 80
122+accordance with the standard of care applicable to the profession, and 81
123+(B) [on and after July 1, 2024, an appropriately licensed, certified or 82
124+registered physician, naturopath, registered nurse, advanced practice 83
125+registered nurse, physician assistant, psychologist, marital and family 84
126+therapist, clinical social worker, master social worker, alcohol and 85
127+drug counselor, professional counselor, dietitian-nutritionist, nurse-86
128+midwife, behavior analyst, music therapist or art therapist, in another 87
129+state or territory of the United States or the District of Columbia, who 88
130+(i) provides telehealth services under any relevant order issued 89
131+pursuant to section 19a-906a, (ii) provides mental or behavioral health 90
132+care through the use of telehealth within such person's scope of 91
133+practice and in accordance with the standard of care applicable to the 92
134+profession, and (iii)] any appropriately licensed, certified or registered 93
135+physician, physician assistant, physical therapist, physical therapist 94
136+assistant, chiropractor, naturopath, podiatrist, occupational therapist, 95
137+occupational therapy assistant, optometrist, registered nurse, 96
138+advanced practice registered nurse, psychologist, marital and family 97
139+therapist, clinical social worker, master social worker, alcohol and 98
140+drug counselor, professional counselor, dietitian-nutritionist, speech 99
141+and language pathologist, respiratory care practitioner, audiologist, 100
142+pharmacist, paramedic, nurse-midwife, dentist, behavior analyst, 101
143+genetic counselor, music therapist, art therapist or athletic trainer, in 102
144+another state or territory of the United States or the District of 103
145+Columbia, who provides health care or other health services through 104
146+the use of telehealth within such person's scope of practice and in 105
147+accordance with the standard of care applicable to the profession and 106
148+maintains professional liability insurance, or other indemnity against 107
149+liability for professional malpractice, in an amount that is equal to or 108
150+greater than that required for similarly licensed, certified or registered 109
151+Connecticut [mental or behavioral] health care providers. 110
152+(b) (1) A telehealth provider shall only provide telehealth services to 111 Bill No. 6562
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158-real-time, interactive, two-way communication technology or store and 111
159-forward technologies; (B) has determined whether the patient has health 112
160-coverage that is fully insured, not fully insured or provided through the 113
161-Connecticut medical assistance program, and whether the patient's 114
162-health coverage, if any, provides coverage for the telehealth service; (C) 115
163-has access to, or knowledge of, the patient's medical history, as provided 116
164-by the patient, and the patient's health record, including the name and 117
165-address of the patient's primary care provider, if any; [(C)] (D) conforms 118
166-to the standard of care applicable to the telehealth provider's profession 119
167-and expected for in-person care as appropriate to the patient's age and 120
168-presenting condition, except when the standard of care requires the use 121
169-of diagnostic testing and performance of a physical examination, such 122
170-testing or examination may be carried out through the use of peripheral 123
171-devices appropriate to the patient's condition; and [(D)] (E) provides the 124
172-patient with the telehealth's provider license number and contact 125
173-information. 126
174-(2) At the time of the telehealth provider's first telehealth interaction 127
175-with a patient, the telehealth provider shall inform the patient 128
176-concerning the treatment methods and limitations of treatment using a 129
177-telehealth platform and, after providing the patient with such 130
178-information, obtain the patient's consent to provide telehealth services. 131
179-The telehealth provider shall document such notice and consent in the 132
180-patient's health record. If a patient later revokes such consent, the 133
181-telehealth provider shall document the revocation in the patient's health 134
182-record. 135
183-(c) Notwithstanding the provisions of this section or title 20, no 136
184-telehealth provider shall prescribe any schedule I, II or III controlled 137
185-substance through the use of telehealth, except a schedule II or III 138
186-controlled substance other than an opioid drug, as defined in section 20-139
187-14o, in a manner fully consistent with the Ryan Haight Online Pharmacy 140
188-Consumer Protection Act, 21 USC 829(e), as amended from time to time, 141
189-for the treatment of a person with a psychiatric disability or substance 142
190-use disorder, as defined in section 17a-458, including, but not limited to, 143 Bill No. 6562
159+a patient when the telehealth provider: (A) Is communicating through 112
160+real-time, interactive, two-way communication technology or store and 113
161+forward technologies; (B) has determined whether the patient has 114
162+health coverage that is fully insured, not fully insured or provided 115
163+through the Connecticut medical assistance program, and whether the 116
164+patient's health coverage, if any, provides coverage for the telehealth 117
165+service; (C) has access to, or knowledge of, the patient's medical 118
166+history, as provided by the patient, and the patient's health record, 119
167+including the name and address of the patient's primary care provider, 120
168+if any; [(C)] (D) conforms to the standard of care applicable to the 121
169+telehealth provider's profession and expected for in-person care as 122
170+appropriate to the patient's age and presenting condition, except when 123
171+the standard of care requires the use of diagnostic testing and 124
172+performance of a physical examination, such testing or examination 125
173+may be carried out through the use of peripheral devices appropriate 126
174+to the patient's condition; and [(D)] (E) provides the patient with the 127
175+telehealth's provider license number and contact information. 128
176+(2) At the time of the telehealth provider's first telehealth interaction 129
177+with a patient, the telehealth provider shall inform the patient 130
178+concerning the treatment methods and limitations of treatment using a 131
179+telehealth platform and, after providing the patient with such 132
180+information, obtain the patient's consent to provide telehealth services. 133
181+The telehealth provider shall document such notice and consent in the 134
182+patient's health record. If a patient later revokes such consent, the 135
183+telehealth provider shall document the revocation in the patient's 136
184+health record. 137
185+(c) Notwithstanding the provisions of this section or title 20, no 138
186+telehealth provider shall prescribe any schedule I, II or III controlled 139
187+substance through the use of telehealth, except a schedule II or III 140
188+controlled substance other than an opioid drug, as defined in section 141
189+20-14o, in a manner fully consistent with the Ryan Haight Online 142
190+Pharmacy Consumer Protection Act, 21 USC 829(e), as amended from 143
191+time to time, for the treatment of a person with a psychiatric disability 144 Bill No. 6562
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197-medication-assisted treatment. A telehealth provider using telehealth to 144
198-prescribe a schedule II or III controlled substance pursuant to this 145
199-subsection shall electronically submit the prescription pursuant to 146
200-section 21a-249, as amended by this act. 147
201-(d) Each telehealth provider shall, at the time of the initial telehealth 148
202-interaction, ask the patient whether the patient consents to the telehealth 149
203-provider's disclosure of records concerning the telehealth interaction to 150
204-the patient's primary care provider. If the patient consents to such 151
205-disclosure, the telehealth provider shall provide records of all telehealth 152
206-interactions to the patient's primary care provider, in a timely manner, 153
207-in accordance with the provisions of sections 20-7b to 20-7e, inclusive. 154
208-(e) Any consent required under this section shall be obtained from 155
209-the patient, or the patient's legal guardian, conservator or other 156
210-authorized representative, as applicable. 157
211-(f) The provision of telehealth services and health records maintained 158
212-and disclosed as part of a telehealth interaction shall comply with the 159
213-provisions of the Health Insurance Portability and Accountability Act of 160
214-1996 P.L. 104-191, as amended from time to time. 161
215-(g) Nothing in this section shall prohibit: (1) A health care provider 162
216-from providing on-call coverage pursuant to an agreement with another 163
217-health care provider or such health care provider's professional entity 164
218-or employer; (2) a health care provider from consulting with another 165
219-health care provider concerning a patient's care; (3) orders of health care 166
220-providers for hospital outpatients or inpatients; or (4) the use of 167
221-telehealth for a hospital inpatient, including for the purpose of ordering 168
222-any medication or treatment for such patient in accordance with Ryan 169
223-Haight Online Pharmacy Consumer Protection Act, 21 USC 829(e), as 170
224-amended from time to time. For purposes of this subsection, "health care 171
225-provider" means a person or entity licensed or certified pursuant to 172
226-chapter 370, 372, 373, 375, 376 to 376b, inclusive, 378, 379, 380, 381a, 383 173
227-to 383c, inclusive, 384b, 397a, 399 or 400j, or licensed or certified 174
228-pursuant to chapter 368d or 384d. 175 Bill No. 6562
198+or substance use disorder, as defined in section 17a-458, including, but 145
199+not limited to, medication-assisted treatment. A telehealth provider 146
200+using telehealth to prescribe a schedule II or III controlled substance 147
201+pursuant to this subsection shall electronically submit the prescription 148
202+pursuant to section 21a-249, as amended by this act. 149
203+(d) Each telehealth provider shall, at the time of the initial telehealth 150
204+interaction, ask the patient whether the patient consents to the 151
205+telehealth provider's disclosure of records concerning the telehealth 152
206+interaction to the patient's primary care provider. If the patient 153
207+consents to such disclosure, the telehealth provider shall provide 154
208+records of all telehealth interactions to the patient's primary care 155
209+provider, in a timely manner, in accordance with the provisions of 156
210+sections 20-7b to 20-7e, inclusive. 157
211+(e) Any consent required under this section shall be obtained from 158
212+the patient, or the patient's legal guardian, conservator or other 159
213+authorized representative, as applicable. 160
214+(f) The provision of telehealth services and health records 161
215+maintained and disclosed as part of a telehealth interaction shall 162
216+comply with the provisions of the Health Insurance Portability and 163
217+Accountability Act of 1996 P.L. 104-191, as amended from time to time. 164
218+(g) Nothing in this section shall prohibit: (1) A health care provider 165
219+from providing on-call coverage pursuant to an agreement with 166
220+another health care provider or such health care provider's 167
221+professional entity or employer; (2) a health care provider from 168
222+consulting with another health care provider concerning a patient's 169
223+care; (3) orders of health care providers for hospital outpatients or 170
224+inpatients; or (4) the use of telehealth for a hospital inpatient, including 171
225+for the purpose of ordering any medication or treatment for such 172
226+patient in accordance with Ryan Haight Online Pharmacy Consumer 173
227+Protection Act, 21 USC 829(e), as amended from time to time. For 174
228+purposes of this subsection, "health care provider" means a person or 175
229+entity licensed or certified pursuant to chapter 370, 372, 373, 375, 376 to 176 Bill No. 6562
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235-(h) No telehealth provider or hospital shall charge a facility fee for 176
236-telehealth services. Such prohibition shall apply to hospital telehealth 177
237-services whether provided on campus or otherwise. For purposes of this 178
238-subsection, "hospital" has the same meaning as provided in section 19a-179
239-490 and "campus" has the same meaning as provided in section 19a-180
240-508c. 181
241-(i) (1) No telehealth provider shall provide health care or health 182
242-services to a patient through telehealth unless the telehealth provider 183
243-has determined whether or not the patient has health coverage for such 184
244-health care or health services. 185
245-(2) Notwithstanding any provision of the general statutes, a 186
246-telehealth provider who provides health care or health services to a 187
247-patient through telehealth shall accept as full payment for such health 188
248-care or health services: 189
249-(A) An amount that is equal to the amount that Medicare reimburses 190
250-for such health care or health services if the telehealth provider 191
251-determines that the patient does not have health coverage for such 192
252-health care or health services; or 193
253-(B) The amount that the patient's health coverage reimburses and any 194
254-coinsurance, copayment, deductible or other out-of-pocket expense 195
255-imposed by the patient's health coverage for such health care or health 196
256-services if the telehealth provider determines that the patient has health 197
257-coverage for such health care or health services. 198
258-(3) If a telehealth provider determines that a patient is unable to pay 199
259-for any health care or health services described in subdivisions (1) and 200
260-(2) of this subsection, the provider shall offer to the patient financial 201
261-assistance if such provider is required to offer to the patient such 202
262-financial assistance under any applicable state or federal law. 203
263-(j) Subject to compliance with all applicable federal requirements, 204
264-state licensing standards or any regulation adopted thereunder, a 205
265-telehealth provider may provide telehealth services pursuant to the 206 Bill No. 6562
236+376b, inclusive, 378, 379, 380, 381a, 383 to 383c, inclusive, 384b, 397a, 177
237+399 or 400j, or licensed or certified pursuant to chapter 368d or 384d. 178
238+(h) No telehealth provider or hospital shall charge a facility fee for 179
239+telehealth services. Such prohibition shall apply to hospital telehealth 180
240+services whether provided on campus or otherwise. For purposes of 181
241+this subsection, "hospital" has the same meaning as provided in section 182
242+19a-490 and "campus" has the same meaning as provided in section 183
243+19a-508c. 184
244+(i) (1) No telehealth provider shall provide health care or health 185
245+services to a patient through telehealth unless the telehealth provider 186
246+has determined whether or not the patient has health coverage for 187
247+such health care or health services. 188
248+(2) Notwithstanding any provision of the general statutes, a 189
249+telehealth provider who provides health care or health services to a 190
250+patient through telehealth shall accept as full payment for such health 191
251+care or health services: 192
252+(A) An amount that is equal to the amount that Medicare 193
253+reimburses for such health care or health services if the telehealth 194
254+provider determines that the patient does not have health coverage for 195
255+such health care or health services; or 196
256+(B) The amount that the patient's health coverage reimburses and 197
257+any coinsurance, copayment, deductible or other out-of-pocket 198
258+expense imposed by the patient's health coverage for such health care 199
259+or health services if the telehealth provider determines that the patient 200
260+has health coverage for such health care or health services. 201
261+(3) If a telehealth provider determines that a patient is unable to pay 202
262+for any health care or health services described in subdivisions (1) and 203
263+(2) of this subsection, the provider shall offer to the patient financial 204
264+assistance if such provider is required to offer to the patient such 205
265+financial assistance under any applicable state or federal law. 206 Bill No. 6562
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272-provisions of this section from any location. 207
273-(k) Any Connecticut entity, institution or health care provider, that 208
274-engages or contracts with a telehealth provider who is licensed, certified 209
275-or registered in another state or territory of the United States or the 210
276-District of Columbia to provide health care or other health services, shall 211
277-(1) verify the credentials of such telehealth provider in the state in which 212
278-such provider is licensed, certified or registered, (2) ensure that such 213
279-telehealth provider is in good standing in such state, and (3) confirm 214
280-that such telehealth provider maintains professional liability insurance 215
281-or other indemnity against liability for professional malpractice in an 216
282-amount that is equal to or greater than that required for similarly 217
283-licensed, certified or registered health care or other services health 218
284-provider in the state. 219
285-Sec. 2. Subdivision (5) of subsection (c) of section 21a-249 of the 220
286-general statutes is repealed and the following is substituted in lieu 221
287-thereof (Effective from passage): 222
288-(5) The practitioner demonstrates, in a form and manner prescribed 223
289-by the commissioner, that such practitioner does not have the 224
290-technological capacity to issue an electronically transmitted 225
291-prescription. For the purposes of this subsection, "technological 226
292-capacity" means possession of a computer system, hardware or device 227
293-that can be used to electronically transmit controlled substance 228
294-prescriptions consistent with the requirements of the federal Controlled 229
295-Substances Act, 21 USC 801, as amended from time to time. The 230
296-provisions of this subdivision shall not apply to a practitioner when 231
297-such practitioner is prescribing as a telehealth provider, as defined in 232
298-section 19a-906, as amended by this act, [section 1 of public act 20-2 of 233
299-the July special session or section 1 of public act 21-9, as applicable,] 234
300-pursuant to subsection (c) of said section. [19a-906, subsection (c) of 235
301-section 1 of public act 20-2 of the July special session or subsection (c) of 236
302-section 1 of public act 21-9, as applicable.] 237
303-Sec. 3. (NEW) (Effective from passage) (a) As used in this section: 238 Bill No. 6562
272+(j) Subject to compliance with all applicable federal requirements, 207
273+state licensing standards or any regulation adopted thereunder, a 208
274+telehealth provider may provide telehealth services pursuant to the 209
275+provisions of this section from any location. 210
276+(k) Any Connecticut entity, institution or health care provider, that 211
277+engages or contracts with a telehealth provider who is licensed, 212
278+certified or registered in another state or territory of the United States 213
279+or the District of Columbia to provide health care or other health 214
280+services, shall (1) verify the credentials of such telehealth provider in 215
281+the state in which such provider is licensed, certified or registered, (2) 216
282+ensure that such telehealth provider is in good standing in such state, 217
283+and (3) confirm that such telehealth provider maintains professional 218
284+liability insurance or other indemnity against liability for professional 219
285+malpractice in an amount that is equal to or greater than that required 220
286+for similarly licensed, certified or registered health care or other 221
287+services health provider in the state. 222
288+Sec. 2. Subdivision (5) of subsection (c) of section 21a-249 of the 223
289+general statutes is repealed and the following is substituted in lieu 224
290+thereof (Effective from passage): 225
291+(5) The practitioner demonstrates, in a form and manner prescribed 226
292+by the commissioner, that such practitioner does not have the 227
293+technological capacity to issue an electronically transmitted 228
294+prescription. For the purposes of this subsection, "technological 229
295+capacity" means possession of a computer system, hardware or device 230
296+that can be used to electronically transmit controlled substance 231
297+prescriptions consistent with the requirements of the federal 232
298+Controlled Substances Act, 21 USC 801, as amended from time to time. 233
299+The provisions of this subdivision shall not apply to a practitioner 234
300+when such practitioner is prescribing as a telehealth provider, as 235
301+defined in section 19a-906, as amended by this act, [section 1 of public 236
302+act 20-2 of the July special session or section 1 of public act 21-9, as 237
303+applicable,] pursuant to subsection (c) of said section. [19a-906, 238
304+subsection (c) of section 1 of public act 20-2 of the July special session 239 Bill No. 6562
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310-(1) "Health carrier" has the same meaning as provided in section 38a-239
311-1080 of the general statutes; 240
312-(2) "Insured" has the same meaning as provided in section 38a-1 of 241
313-the general statutes; 242
314-(3) "Telehealth" has the same meaning as provided in section 19a-906 243
315-of the general statutes, as amended by this act; and 244
316-(4) "Telehealth provider" has the same meaning as provided in 245
317-section 19a-906 of the general statutes, as amended by this act. 246
318-(b) Notwithstanding any provision of title 38a of the general statutes, 247
319-no health carrier shall reduce the amount of a reimbursement paid to a 248
320-telehealth provider for covered health care or health services that the 249
321-telehealth provider appropriately provided to an insured through 250
322-telehealth because the telehealth provider provided such health care or 251
323-health services to the patient through telehealth and not in person. 252
324-Sec. 4. (NEW) (Effective from passage) (a) As used in this section: 253
325-(1) "Telehealth" means the mode of delivering health care or other 254
326-health services via information and communication technologies to 255
327-facilitate the diagnosis, consultation and treatment, education, care 256
328-management and self-management of a patient's physical, oral and 257
329-mental health, and includes (A) interaction between the patient at the 258
330-originating site and the telehealth provider at a distant site, and (B) 259
331-synchronous interactions, asynchronous store and forward transfers or 260
332-remote patient monitoring. "Telehealth" does not include the use of 261
333-facsimile, texting or electronic mail. 262
334-(2) "Connecticut medical assistance program" means the state's 263
335-Medicaid program and the Children's Health Insurance Program under 264
336-Title XXI of the Social Security Act, as amended from time to time. 265
337-(b) Notwithstanding the provisions of section 17b-245c, 17b-245e or 266
338-19a-906 of the general statutes, as amended by this act, or any other 267 Bill No. 6562
311+or subsection (c) of section 1 of public act 21-9, as applicable.] 240
312+Sec. 3. (NEW) (Effective from passage) (a) As used in this section: 241
313+(1) "Health carrier" has the same meaning as provided in section 242
314+38a-1080 of the general statutes; 243
315+(2) "Insured" has the same meaning as provided in section 38a-1 of 244
316+the general statutes; 245
317+(3) "Telehealth" has the same meaning as provided in section 19a-246
318+906 of the general statutes, as amended by this act; and 247
319+(4) "Telehealth provider" has the same meaning as provided in 248
320+section 19a-906 of the general statutes, as amended by this act. 249
321+(b) Notwithstanding any provision of title 38a of the general 250
322+statutes, no health carrier shall reduce the amount of a reimbursement 251
323+paid to a telehealth provider for covered health care or health services 252
324+that the telehealth provider appropriately provided to an insured 253
325+through telehealth because the telehealth provider provided such 254
326+health care or health services to the patient through telehealth and not 255
327+in person. 256
328+Sec. 4. (NEW) (Effective from passage) (a) As used in this section: 257
329+(1) "Telehealth" means the mode of delivering health care or other 258
330+health services via information and communication technologies to 259
331+facilitate the diagnosis, consultation and treatment, education, care 260
332+management and self-management of a patient's physical, oral and 261
333+mental health, and includes (A) interaction between the patient at the 262
334+originating site and the telehealth provider at a distant site, and (B) 263
335+synchronous interactions, asynchronous store and forward transfers or 264
336+remote patient monitoring. "Telehealth" does not include the use of 265
337+facsimile, texting or electronic mail. 266
338+(2) "Connecticut medical assistance program" means the state's 267 Bill No. 6562
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345-section, regulation, rule, policy or procedure governing the Connecticut 268
346-medical assistance program, the Commissioner of Social Services may, 269
347-in the commissioner's discretion and to the extent permissible under 270
348-federal law, provide coverage under the Connecticut medical assistance 271
349-program for audio-only telehealth services. 272
350-Sec. 5. Section 19a-906a of the general statutes is repealed. (Effective 273
351-from passage) 274
352-Sec. 6. Section 1 of public act 21-9, as amended by section 3 of public 275
353-act 21-133 and section 32 of public act 22-81, section 3 of public act 21-9, 276
354-as amended by section 35 of public act 22-81, section 4 of public act 21-277
355-9, as amended by section 36 of public act 22-81, section 5 of public act 278
356-21-9, as amended by section 37 of public act 22-81, and section 6 of public 279
357-act 21-9, as amended by section 4 of public act 21-133, are repealed. 280
358-(Effective from passage) 281
345+Medicaid program and the Children's Health Insurance Program 268
346+under Title XXI of the Social Security Act, as amended from time to 269
347+time. 270
348+(b) Notwithstanding the provisions of section 17b-245c, 17b-245e or 271
349+19a-906 of the general statutes, as amended by this act, or any other 272
350+section, regulation, rule, policy or procedure governing the 273
351+Connecticut medical assistance program, the Commissioner of Social 274
352+Services may, in the commissioner's discretion and to the extent 275
353+permissible under federal law, provide coverage under the 276
354+Connecticut medical assistance program for audio-only telehealth 277
355+services. 278
356+Sec. 5. Section 19a-906a of the general statutes is repealed. (Effective 279
357+from passage) 280
358+Sec. 6. Section 1 of public act 21-9, as amended by section 3 of public 281
359+act 21-133 and section 32 of public act 22-81, section 3 of public act 21-282
360+9, as amended by section 35 of public act 22-81, section 4 of public act 283
361+21-9, as amended by section 36 of public act 22-81, section 5 of public 284
362+act 21-9, as amended by section 37 of public act 22-81, and section 6 of 285
363+public act 21-9, as amended by section 4 of public act 21-133, are 286
364+repealed. (Effective from passage) 287
359365 This act shall take effect as follows and shall amend the following
360366 sections:
361367
362368 Section 1 from passage 19a-906
363369 Sec. 2 from passage 21a-249(c)(5)
364370 Sec. 3 from passage New section
365371 Sec. 4 from passage New section
366372 Sec. 5 from passage Repealer section
367373 Sec. 6 from passage Repealer section
368374
369375 PH Joint Favorable
370-HS Joint Favorable
371376