DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of
the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of
the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Simon HB No. 1280
Abstract: Provides for greater access to telehealth services by requiring licensing boards and
commissions to promulgate rules to provide for, promote, and regulate the use of
telehealth in the delivery of healthcare services within the scope of practice regulated by
the licensing entity.
Present law requires any person authorized by the La. State Board of Medical Examiners
(LSBME) to practice telemedicine to ensure that a licensed healthcare professional who can
adequately and accurately assist is in the examination room with the patient at the time such
patient is receiving telemedicine services.
Proposed law repeals present law and requires any physician practicing telemedicine as defined
in present law, except for those physicians practicing pursuant to a telemedicine license, to use
the same standard of care as if the healthcare services were provided in person.
Proposed law further provides that a telemedicine provider, except for those physicians
practicing pursuant to a telemedicine license, shall not be required to conduct an in-person
patient history or physical examination of the patient before engaging in a telemedicine encounter
if all of the following conditions are met:
(1)The physician practicing telemedicine holds an unrestricted license to practice medicine
in La.
(2)The physician practicing telemedicine has access to the patient's medical records upon
consent of the patient.
(3)The physician practicing telemedicine maintains a physical practice location within the
state of La. or executes an affirmation with the LSBME that the physician has an
arrangement with another physician who maintains a physical practice location in
Louisiana to provide for referrals and follow up care which may be necessary.
Proposed law prohibits, unless authorized by the LSBME, a physician practicing telemedicine
pursuant to proposed law from prescribing any controlled dangerous substance prior to
conducting an appropriate in-person patient history or physical examination of the patient as
determined by the LSBME. Proposed law provides that a patient receiving telemedicine services may be in any location at the
time that the telemedicine services are rendered and a telemedicine provider may be in any
location when providing telemedicine services to a patient.
Proposed law requires a telemedicine provider to document the telemedicine services rendered in
the patient's medical records according to the same standard as that required for nontelemedicine
services. Medical records, including video, audio, electronic, or other records generated as a
result of providing telemedicine services shall be considered as confidential and shall be subject
to all applicable state and federal laws and regulations relative to the privacy of health
information.
Proposed law defines "telehealth" as a mode of delivering healthcare services that utilizes
information and communication technologies to enable the diagnosis, consultation, treatment,
education, care management, and self-management of patients at a distance from healthcare
providers and which allows services to be accessed when providers are in a distant site and
patients are in the originating site. Telehealth facilitates patient self-management and caregiver
support for patients and includes synchronous interactions and asynchronous store and forward
transfers.
Proposed law requires each state agency or professional or occupational licensing board or
commission that regulates the practice of a healthcare provider to promulgate any rules necessary
to provide for, promote, and regulate the use of telehealth in the delivery of healthcare services
within the scope of practice regulated by the licensing entity.
Proposed law further requires that the rules shall, at a minimum, provide for all of the following:
(1)Application of all laws regarding the confidentiality of healthcare information and
the patient's rights to the patient's medical information to telehealth interactions.
(2)Application of the same standard of care by a healthcare provider as if the
healthcare services were provided in person.
(3)(a)Licensing or registration of out-of-state healthcare providers who seek to furnish
healthcare services via telehealth to persons at originating sites in La. The rules
shall ensure that any such healthcare provider possesses, at a minimum, an
unrestricted and unencumbered license in good standing to perform the healthcare
service in the state in which the healthcare provider is located, and that the license
is comparable to its corresponding license in La. as determined by the respective
La. licensing agency, board, or commission.
(b)Each state agency and professional or occupational licensing board or commission
is authorized to provide by rule for a reasonable fee for the license or registration.
(4)Exemption from the telehealth license or registration requirement for the
consultation of a healthcare professional licensed by this state with an out-of-state peer professional.
Nothing in proposed law shall be construed to authorize a state agency or licensing board or
commission to expand, diminish, or alter the scope of practice of any healthcare provider.
Present law requires that, if any contract or policy that provides for payment, benefit, or
reimbursement for any healthcare service, including but not limited to diagnostic testing,
treatment, referral, or consultation and the healthcare service is performed via transmitted
electronic imaging or telemedicine, the payment, benefit, or reimbursement under the policy or
contract shall not be denied to a licensed physician conducting or participating in the
transmission at the originating healthcare facility or terminus who is physically present with the
individual who is the subject of such electronic imaging transmission and is contemporaneously
communicating and interacting with a licensed physician at the receiving terminus of the
transmission. Present law requires the payment, benefit, or reimbursement to be at least 75%
percent of the reasonable and customary amount of payment, benefit, or reimbursement which
that licensed physician receives for an intermediate office visit.
Proposed law repeals present law and requires any health insurance issuer that covers healthcare
services provided via telemedicine or healthcare services provided via telehealth to provide such
coverage in accordance with the provisions of the insurance plan or contract.
Proposed law further requires coverage of both healthcare providers in cases when the
telemedicine encounter requires a healthcare provider to be present at both the originating site
and the distant site.
Present law provides that any healthcare service proposed to be performed or performed via
transmitted electronic imaging or telemedicine shall be subject to the applicable utilization
review criteria and requirements of the insurer.
Proposed law repeals present law.
Present law deems terminology in a health and accident insurance policy or contract that either
discriminates against or prohibits such a method of transmitted electronic imaging or
telemedicine as void and against public policy of providing the highest quality health care to the
citizens of the state.
Proposed law deems terminology in a health and accident insurance policy or contract that either
discriminates against or prohibits the use of telemedicine or the delivery of healthcare services
via telehealth as void and against public policy of providing the highest quality health care to the
citizens of the state.
Proposed law does not apply to language in a health or accident insurance policy or contract that
excludes the use of telemedicine or the delivery of healthcare services via telehealth from
coverage under the policy or contract.
Present law and proposed law do not apply to limited benefit health insurance policies or contracts authorized to be issued in the state.
Proposed law requires any medical assistance program administered by the Dept. of Health and
Hospitals that covers healthcare services provided via telemedicine or healthcare services
provided via telehealth to provide such coverage in accordance with the provisions of that
program.
(Amends R.S. 22:1821(F) and R.S. 37:1271(B)(2); Adds R.S. 37:1271(B)(3)-(5) and R.S.
40:1300.381-1300.385)