Telehealth Across State Lines

Telehealth Across State Lines

Telehealth Across State Lines

The American Institute of Healthcare Compliance
A 501(c)(3) Non-Profit Organization

30 states do not have general out-of-state provider telehealth allowances!

When telehealth is used, it is considered to be rendered at the physical location of the patient, and therefore a provider typically needs to be licensed in the patient’s state.

Because it can be burdensome on providers to get licensed in every state they wish to practice in via telehealth, many states have adopted interstate compacts which allow specific providers to practice in states they are not licensed in as long as they hold a license in good standing in their home state.
 

According to a recent notice from the CCHP, the National Telehealth Policy Resource Center, the “simplest” way for providers to ensure they can provide care in all instances is getting licensed in all states, however that is not feasible for most. In this notice is reference to a report published by the Pacific Legal Foundation entitled “In 30 states, you can’t use telehealth with out-of-state doctors” now that the COVID-19 Public Health Emergency (PHE) is over. “In state after state, starting as early as 2021, legislators and medical boards began rolling back telehealth access, ending waivers and—in most states—reverting to pre-pandemic restrictions.”

On January 17, 2024, the Cicero Institute, a nonpartisan policy organization, published the third annual telehealth innovation report under article category for Telemedicine Across State Lines entitled 2024 State Policy Agenda for Telehealth Innovation. As you scroll through the report, you’ll find a straightforward stoplight rating system for each state indicating alignment of that state’s policies with identified best practices.

To review all laws and policies impacting telehealth by state, and federally, please access CCHP’s Telehealth Policy Finder. The Center for Connected Health Policy (CCHP) provides information on professional requirements by tracking six licensure compacts:

  1. Interstate Medical Licensure Compact
  2. Nurses Licensure Compact
  3. Physical Therapy Compact
  4. Psychology Interjurisdictional Compact
  5. Audiology and Speech-Language Pathology Interstate Compact
  6. Emergency Medical Services Personnel Licensure Interstate Compact


Coding & Billing Medicare Telehealth Services 2024

The Centers for Medicare & Medicaid Services (CMS) published an updated Telehealth Services Fact Sheet listing new CPT and HCPCS codes for 2024, new/expanded telehealth services, removing frequency limitations in 2024, and other important billing compliance information.

Download MLN901705 February 2024 for more information. Additional CMS references:

SOURCE: (American Institute of Healthcare Compliance, personal communication, March 6, 2024)