Louisiana 2022 2022 Regular Session

Louisiana House Bill HB304 Comm Sub / Analysis

                    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)]
HB 304 Original	2022 Regular Session	Frieman
Abstract:  Requires health benefits and payment parity equal to in-person services for physical
therapy delivered via telehealth.
Proposed law requires a health coverage plan (plan) to pay for covered services provided via
telehealth to an insured person.  Requires equivalency for telehealth coverage and payment for the
same service provided in person, unless the telehealth provider and plan contractually agree to an
alternative payment rate.  Provides that services via telehealth may be subject to a deductible,
copayment, or coinsurance not in excess of the deductible, copayment, or coinsurance required by
the plan for in-person services. 
Proposed law prohibits a plan from imposing an annual dollar maximum on coverage for healthcare
services provided as telehealth, other than an annual dollar maximum that applies to the same
services when provided in person by the same provider. 
Proposed law requires a plan to provide payment for telehealth services to healthcare professionals
licensed or otherwise permitted to practice physical therapy in this state.  Further requires telehealth
payments to be consistent with any provider network arrangements that have been established for
the plan. 
Proposed law prohibits a plan from doing any of the following:
(1) Requiring a previously established in-person relationship or the provider to be physically
present with a patient or client, unless the provider determines that it is necessary to perform
that service in person. 
(2)  Requiring prior authorization, medical review, or administrative clearance for telehealth that
would not be required if that service were provided in person. 
(3)  Requiring demonstration that it is necessary to provide services to a patient or client as
telehealth. 
(4)  Requiring a provider to be employed by another provider or agency in order to provide
telehealth services that would not be required if that service were provided in person. 
(5)  Restricting or denying coverage based solely on the communication technology or
application used to provide the telehealth service.  (6)  Imposing specific requirements or limitations on the technologies used to provide telehealth
services. 
(7)  Imposing additional certification, location, or training requirements as a condition of
payment for telehealth services. 
(8)  Requiring a provider to be part of a telehealth network. 
Nothing in proposed law requires a plan to provide coverage for telehealth services that are not
medically necessary or to reimburse any fees charged by a telehealth facility for transmission of a
telehealth encounter.
Proposed law authorizes the Department of Insurance to take any action authorized in the La.
Insurance Code to enforce the provisions of proposed law and further authorizes the commissioner,
in accordance with the APA, to promulgate and adopt rules as necessary or advisable to effectuate
proposed law. 
Proposed law defines "health coverage plan" and "telehealth".
(Adds R.S. 22:1845.1)