H.R. 7623: Telehealth Modernization Act of 2024

• Status: H.R. 7623 was passed out of Committee on September 18, 2024 and will now go before the full House floor for a vote.
• Summary: If enacted, this bill would:
  • Extend the Medicare hospital-at-home waiver program through December 31, 2029; this is a five-year extension from the current expiration date at the end of 2024. The hospital-at-home program originally launched in response to the COVID-19 public health emergency and allows beneficiaries to receive acute-level care from the comfort of homes when deemed medically appropriate.
  • Extend Medicaid telehealth flexibilities through December 31, 2026; this is a two-year extension from the current expiration date at the end of 2024. Key flexibilities that would be extended include (but are not limited to):
    • Waiving geographic and originating site restrictions, which allow Medicare beneficiaries to access telehealth from their home or other locations, regardless of whether they are in a rural or non-rural region;
    • Allowing Rural Health Clinics (RHCs) and Federally Qualified Health Centers (FQHCs) to serve as the distant site for telehealth services;
    • Maintaining an expanded list of Medicare eligible telehealth providers (e.g., occupational and physical therapists, among others); and,
    • Allowing the use of audio-only communications technology for the provision of telehealth services.

Alaska

• Alaska passed S.B. 91, which allows out-of-state physicians and multidisciplinary care team members to provide ongoing treatment or follow-up care via telehealth if the health care service is not “reasonably available” in Alaska.
  • ​“Reasonably available” is not defined within the bill or other related laws.
  • Multidisciplinary care team members are subject to disciplinary action by the department under AS 08.02.140.

Illinois

• Illinois passed H.B. 5087, which amends the Illinois Physical Therapy Act to establish provisions for physical therapy provided through telehealth. Specific parameters include:
  • Physical therapy services provided via telehealth may be used to expand access to care, enhance care delivery, or “increase the physical therapist’s ability to assess and direct the patient’s performance in the patient’s own environment.”
  • Licensed physical therapists and their assistants are subject to the following terms and use outlined in the Telehealth Act and the Illinois Insurance Code:
    • Initial physical therapy evaluations must be performed in-person unless the patient has a referral or established diagnosis, or telehealth is necessary to address a documented hardship (e.g., geographical, physical, or weather-related conditions);
    • A physical therapist who primarily provides services via telehealth must provide clinical justification for doing so;
    • A physical therapy patient must be able to request and receive in-person care at any time; and
    • A physical therapist providing telehealth services must be able to provide in-person care within the state of Illinois.
• Illinois passed S.B. 2586, which modifies the definition of “teledentistry” in the Illinois Dental Practice Act and establishes rules for the practice and utilization of teledentistry.
  • Relevant Definitions:
    • “Teledentistry means the use of telehealth systems and methodologies in dentistry and includes patient diagnosis, treatment planning, care, and education delivery for a ‘patient of record’ using synchronous and asynchronous communications under an Illinois licensed dentist’s authority as provided under this Act.”
    • “Patient of record” describes a patient for whom the dentist has established a relationship with through obtaining relevant medical and dental records within the last year.
  • Teledentistry requirements:
    • Prior to providing teledentistry services, a dentist must obtain informed consent from a patient and provide them with relevant practice information.
    • Following an initial telehealth consultation to treat or assess a condition that presents immediate harm or discomfort to a patient of record, a dentist practicing teledentistry must direct the patient to receive appropriate in-person care.
    • A dentist practicing teledentistry is subject to the same standard of care and practice standards for in-person care.
    • The Illinois Department of Public Health Oral Health Section shall adopt rules to provide for the use of teledentistry.

New Hampshire

• New Hampshire passed H.B. 1095, which allows the following providers to deliver care via telemedicine: alcohol and other drug use professionals, dentists and dental hygienists, those who can prescribe controlled substances, ophthalmic dispensing, and optometrists.
• New Hampshire passed H.B. 1190, which enters the state into the Social Worker Licensure Compact, which will enable clinical, master’s, or bachelor’s social workers licensed in New Hampshire to apply for a multistate license to practice in other compact member states.
  • Note: As of the time of publication, multistate licenses are not yet available—the Compact has reached activation status, but implementation will take 12–14 months before multistate licenses are issued.
• New Hampshire passed S.B. 403, which allows certified community health workers to provide services via telemedicine.

Ohio

• Ohio passed S.B. 60, which establishes licensure for certified mental health assistants. The bill states that a certified mental health assistant may provide telehealth services in accordance with Section 4743.09.
• Ohio passed S.B. 211 that enters the state into Dietitian Licensure Compact, an agreement among participating states that enables dietitians to practice across state lines by obtaining compact privileges, without needing to obtain separate licenses for each state.

Pennsylvania

• Pennsylvania passed S.B. 739, which introduces telemedicine coverage and reimbursement requirements of insurers who offer state-regulated insurance plans, including:
  • Coverage: Insurers must cover medically necessary services provided via telemedicine by participating network providers, consistent with the insurer’s medical policies. Services cannot be excluded solely because they are delivered through telemedicine.
  • Reimbursement: Insurers must pay or reimburse participating network providers for telemedicine services as per the contract terms. Contracts cannot prohibit payment or reimbursement solely due to the use of telemedicine, nor can they mandate the use of exclusive or proprietary telemedicine technologies or vendors.
    • Insurers can pay or reimburse other providers for telemedicine services.
    • Insurers are not required to pay or reimburse out-of-network providers for telemedicine services.
    • Insurers are not required to pay or reimburse if telemedicine services do not meet the standard of care.

Washington D.C.

• The District of Columbia passed C.B. 250545, which amends Title 1 of the District of Columbia Health Occupations Revision Act of 1985 by adding a new section on telehealth. Key provisions include:
  • Eligibility Criteria: Health professionals licensed, registered, or certified in the District may provide telehealth services to individuals within the District if the services:
    • Align with the District’s standard of care and the professional’s authorized scope of practice; and
    • Are not otherwise prohibited by existing laws or regulations.
  • Practitioner-Patient Relationship: A telehealth relationship may be established in accordance with the relevant standard of care, competence, and scope of practice. The Mayor has the authority to set additional requirements for specific health professionals, which may include an initial in-person examination.
  • Standards for Telehealth Services: Telehealth services must meet the same standard of care as in-person services. All applicable professional practice standards, including identity verification, documentation, informed consent, confidentiality, privacy, and security, must be adhered to 
  • Prescription Requirements: Health professionals authorized to prescribe medications must comply with the Prescription Drug Monitoring Program Act of 2013 and all relevant District and federal prescription and controlled substances laws.
  • Licensing and Temporary Practice: Practitioners without District licensure cannot provide telehealth services to clients physically located in the District, unless:
    • The client is temporarily in the District; and
    • The client is a District resident and the telehealth services do not exceed 120 days or a longer duration set by the Mayor.
  • Interstate Agreements: This legislation does not conflict with interstate reciprocity agreements or occupational licensure compacts involving the District.

Alabama

No.

No relevant policy or statue reference found.

Alaska

No, mental health coverage parity only.

“A health care insurer that offers, issues for delivery, or renews in the state a health care insurance plan in the group or individual market [THAT PROVIDES MENTAL HEALTH BENEFITS] shall provide coverage for [MENTAL HEALTH] benefits provided through telehealth by a health care provider licensed in this state and may not require that prior in-person contact occur between a health care provider and a payment before payment is made for covered services.” – AK Statute, Sec. 21.42.422 (HB 29 – 2020 Session). (Accessed May 2021)

Arizona

Yes.

“2. Except as otherwise provided in this paragraph, a corporation shall reimburse health care providers at the same level of payment for equivalent services as identified by the healthcare common procedure coding system, whether provided through telehealth using an audio-visual format or in-person care. A corporation shall reimburse health care providers at the same level of payment for equivalent in-person behavioral health and substance use disorder services as identified by the healthcare common procedure coding system if provided through telehealth using an audio-only format. This paragraph does not apply to a telehealth encounter provided through a telehealth platform that is sponsored or provided by the corporation.” – Arizona House Bill No. 2454 (Accessed May 2021)

Arkansas

Yes.

“(2) (A) "Health benefit plan" means:
(i) An individual, blanket, or group plan, policy, or contract for healthcare services issued or delivered by an insurer, health maintenance organization, hospital medical service corporation, or self-insured governmental or church plan in this state; and
(ii) Any health benefit program receiving state or federal appropriations from the State of Arkansas, including the Arkansas Medicaid Program, the Health Care Independence Program, commonly referred to as the "Private Option", and the Arkansas Works Program, or any successor program.

 

(1) A health benefit plan shall provide coverage and reimbursement for healthcare services provided through telemedicine on the same basis as the health benefit plan provides coverage and reimbursement for health services provided in person, unless this subchapter specifically provides otherwise. (2) A health benefit plan is not required to reimburse for a healthcare service provided through telemedicine that is not comparable to the same service provided in person.” – AR Code 23-79-1601 & 1602 (Accessed May 2021)

California

Yes, except for Medi-Cal managed care plans.

“(a) (1) A contract issued, amended, or renewed on or after January 1, 2021, between a health care service plan and a health care provider for the provision of health care services to an enrollee or subscriber shall specify that the health care service plan shall reimburse the treating or consulting health care provider for the diagnosis, consultation, or treatment of an enrollee or subscriber appropriately delivered through telehealth services on the same basis and to the same extent that the health care service plan is responsible for reimbursement for the same service through in-person diagnosis, consultation, or treatment.

 

(f) This section shall not apply to Medi-Cal managed care plans that contract with the State Department of Health Care Services pursuant to Chapter 7 (commencing with Section 14000) of, Chapter 8 (commencing with Section 14200) of, or Chapter 8.75 (commencing with Section 14591) of, Part 3 of Division 9 of the Welfare and Institutions Code.” – CA Health & Safety Code Sec. 1374.14 (Accessed May 2021)

Colorado

Yes.

“(b) (I) Subject to all terms and conditions of the health benefit plan, a carrier shall reimburse the treating participating provider or the consulting participating provider for the diagnosis, consultation, or treatment of the covered person delivered through telehealth on the same basis that the carrier is responsible for reimbursing that provider for the provision of the same service through in-person consultation or contact by that provider.” – CO Rev Stat § 10-16-123 (2017) (Accessed May 2021)

Connecticut

Yes, for Medicaid services only.

“(b) Notwithstanding the provisions of section 17b-245c, 17b-245e or 204 19a-906 of the general statutes, as amended by this act, or any other section of the general statutes, regulation, rule, policy or procedure governing the Connecticut medical assistance program, the Commissioner of Social Services shall, to the extent permissible under federal law, provide coverage under the Connecticut medical assistance program for audio-only telehealth services when
(1) clinically appropriate, as determined by the commissioner,
(2) it is not possible to provide comparable covered audiovisual telehealth services, and
(3) provided to individuals who are unable to use or access comparable, covered audiovisual telehealth services.

 

(c) To the extent permissible under federal law, the commissioner shall provide Medicaid reimbursement for services provided by means of telehealth to the same extent as if the service was provided in person.” – CT House Bill No. 6470 (passed 6/8/21) (Accessed June 2021)

Delaware

Yes.

“(e) An insurer, health service corporation, or health maintenance organization shall reimburse the treating provider or the consulting provider for the diagnosis, consultation, or treatment of the insured delivered through telemedicine services on the same basis and at least at the rate that the insurer, health service corporation, or health maintenance organization is responsible for coverage for the provision of the same service through in-person consultation or contact. Payment for telemedicine interactions shall include reasonable compensation to the originating or distant site for the transmission cost incurred during the delivery of health-care services.” – DE Title 18, Sec. 3370 (Accessed May 2021)

District of Columbia

No.

“(b) A health insurer shall reimburse the provider for the diagnosis, consultation, or treatment of the insured when the service is delivered through telehealth.” – DC Code Sec. 31-3862 (Accessed May 2021)

Florida

No.

“(45) A contract between a health maintenance organization issuing major medical individual or group coverage and a telehealth provider, as defined in s. 456.47, must be voluntary between the health maintenance organization and the provider and must establish mutually acceptable payment rates or payment methodologies for services provided through telehealth. Any contract provision that distinguishes between payment rates or payment methodologies for services provided through telehealth and the same services provided without the use of telehealth must be initialed by the telehealth provider.” – FL Statute 641.31(45) (Accessed May 2021)

Georgia

Yes.

“(3) ‘Insurer’ means an accident and sickness insurer, fraternal benefit society, hospital service corporation, medical service corporation, health care corporation, health maintenance organization, provider sponsored health care corporation, managed care entity, or any similar entity authorized to issue contracts under this title or to provide health benefit policies.

 

(f) An insurer shall reimburse the treating provider or the consulting provider for the diagnosis, consultation, or treatment of the insured delivered through telemedicine services on the same basis and at least at the rate that the insurer is responsible for coverage for the provision of the same service through in-person consultation or contact; provided, however, that nothing in this subsection shall require a health care provider or telemedicine company to accept more reimbursement than they are willing to charge. Payment for telemedicine interactions shall include reasonable compensation to the originating or distant site for the transmission cost incurred during the delivery of health care services.” – Official Code of GA Annotated Sec. 33-24-56.4 (Accessed May 2021)

Hawaii

Yes.

“(c) Reimbursement for services provided through telehealth via an interactive telecommunications system shall be equivalent to reimbursement for the same services provided via in-person contact between a health care provider and a patient; provided that reimbursement for two-way, real-time audio-only communication technology for purposes of diagnosis, evaluation, or treatment of a mental health disorder to a patient in the patient's home shall be equivalent to eighty percent of the reimbursement for the same services provided via in-person contact between a health care provider and a patient. To be reimbursed for telehealth via an interactive telecommunications system using two-way, real-time audio-only communication technology in accordance with this subsection, the health care provider shall first conduct an in-person visit or a telehealth visit that is not audio only, within six months prior to the initial audio-only visit, or within twelve months prior to any subsequent audio-only visit. The telehealth visit required prior to the initial or subsequent audio-only visit in this subsection shall not be provided using audio-only communication. Nothing in this section shall require a health care provider to be physically present with the patient at an originating site unless a health care provider at the distant site deems it necessary.”
“This Act shall take effect upon its approval; provided that on December 31, 2025, this Act shall be repealed and sections 346–59.1, 431:10A–116.3, 432:1–601.5, 432D–23.5, and 453–1.3, Hawaii Revised Statutes, shall be reenacted in the form in which they read on the day prior to the effective date of this Act.” – HI Act 107 “(c) Reimbursement for services provided through telehealth shall be equivalent to reimbursement for the same services provided via face-to-face contact between a health care provider and a patient. Nothing in this section shall require a health care provider to be physically present with the patient at an originating site unless a health care provider at the distant site deems it necessary.” – HI Revised Statutes § 431:10A-116.3(c) (Accessed May 2021) (Note: HI Revised Statutes, accessed October 2023, does not appear to yet incorporate the changes made by HI Act 107 (see above))

Idaho

No.

No relevant policy or statue reference found.

Illinois

Yes.

“(d) For purposes of reimbursement, an individual or group policy of accident or health insurance that is amended, delivered, issued, or renewed on or after the effective date of this amendatory Act of the 102nd General Assembly shall reimburse an in-network health care professional or facility, including a health care professional or facility in a tiered network, for telehealth services provided through an interactive telecommunications system on the same basis, in the same manner, and at the same reimbursement rate that would apply to the services if the services had been delivered via an in-person encounter by an in-network or tiered network health care professional or facility. This subsection applies only to those services provided by telehealth that may otherwise be billed as an in-person service. This subsection is inoperative on and after January 1, 2028, except that this subsection is operative after that date with respect to mental health and substance use disorder telehealth services.” – IL House Bill No. 3308 (Accessed August 2021)

Indiana

No, coverage parity only.

"Sec. 6. (a) A policy must provide coverage for telemedicine services in accordance with the same clinical criteria as the policy provides coverage for the same health care services delivered in person.” – IN Code, 27-8-34-6 (Accessed May 2021)

Iowa

No, not explicitly.

"2. Notwithstanding the uniformity of treatment requirements of section 514C.6, a policy, contract, or plan providing for third-party payment or prepayment of health or medical expenses shall not discriminate between coverage benefits for health care services that are provided in person and the same health care services that are delivered through telehealth.” – IA Code 514C.34(3) (Accessed May 2021)

Kansas

No, not explicitly.

“(d) Payment or reimbursement of covered healthcare services delivered through telemedicine may be established by an insurance company, nonprofit health service corporation, nonprofit medical and hospital service corporation or health maintenance organization in the same manner as payment or reimbursement for covered services that are delivered via in-person contact are [is] established.” – KS Statute Ann. § 40-2,213 (Accessed May 2021)

Kentucky

Yes.

“(1) (a) A health benefit plan shall reimburse for covered services provided to an insured person through telehealth as defined in KRS 304.17A-005. Telehealth coverage and reimbursement shall be equivalent to the coverage for the same service provided in person unless the telehealth provider and the health benefit plan contractually agree to a lower reimbursement rate for telehealth services. – KY Revised Statutes § 304.17A-138 (Accessed May 2021)

Louisiana

No.

“Notwithstanding any provision of any policy or contract of insurance or health benefits issued, whenever such policy provides for payment, benefit, or reimbursement for any health care service, including but not limited to diagnostic testing, treatment, referral, or consultation, and such health care service is performed via transmitted electronic imaging or telemedicine, such a payment, benefit, or reimbursement under such policy or contract shall not be denied to a licensed physician conducting or participating in the transmission at the originating health care 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. The payment, benefit, or reimbursement to such a licensed physician at the originating facility or terminus shall not be less than seventy-five percent of the reasonable and customary amount of payment, benefit, or reimbursement which that licensed physician receives for an intermediate office visit.” – LA Revised Statutes 22:1821(F) (2012) (Accessed May 2021)

Maine

No.

“A carrier offering a health plan in this State may not deny coverage on the basis that the health care service is provided through telehealth if the health care service would be covered if it were provided through in-person consultation between an enrollee and a provider. Coverage for health care services provided through telehealth must be determined in a manner consistent with coverage for health care services provided through in-person consultation… A carrier may offer a health plan containing a provision for a deductible, copayment or coinsurance requirement for a health care service provided through telehealth as long as the deductible, copayment or coinsurance does not exceed the deductible, copayment or coinsurance applicable to a comparable service provided through in-person consultation.” – Maine Revised Statutes Annotated, Title 24-A, Sec. 4316 (Accessed May 2021)

Maryland

Yes, through June 30, 2025.

“From July 1, 2021, to June 30, 2025, both inclusive, when appropriately provided via telehealth, the Program shall provide reimbursement in accordance with paragraph (1)(i) of this subsection on the same basis and the same rate as if the health care service were delivered by the health care provider in person.” – MD Insurance Code Annotated Sec. 15-139(d)(2)(i) (Accessed October 2023)

Massachusetts

Yes, but only for mental health services.

“Insurance companies organized under this chapter shall ensure that the rate of payment for in-network providers of behavioral health services delivered via interactive audio video technology and audio-only telephone shall be no less than the rate of payment for the same behavioral health service delivered via in-person methods; provided, that this subsection shall apply to providers of behavioral health services covered as required under subclause (i) of clause (4) of the second sentence of subsection (a) of section 6 of chapter 176O.”

“Medical service corporations shall ensure that the rate of payment for in-network providers of behavioral health services delivered via interactive audio-video technology and audio-only telephone shall be no less than the rate of payment for the same behavioral health service delivered via in-person methods.” – Massachusetts Senate No. 2984. Section 47 (Accessed May 2021)

The same language is repeated for hospital service corporations and health maintenance organizations for behavioral health services delivered via telehealth.

Michigan

No, not explicitly. 

“An insurer that delivers, issues for delivery, or renews in this state a health insurance policy shall not require face-to-face contact between a health care professional and a patient for services appropriately provided through telemedicine, as determined by the insurer. Telemedicine services must be provided by a health care professional who is licensed, registered, or otherwise authorized to engage in his or her health care profession in the state where the patient is located. Telemedicine services are subject to all terms and conditions of the health insurance policy agreed upon between the policy holder and the insurer, including, but not limited to, required copayments, coinsurances, deductibles, and approved amounts. If a service is provided through telemedicine under this section, the insurer shall provide at least the same coverage for that service as if the service involved face-to-face contact between the health care professional and the patient.” MI Compiled Law Services Sec. 500.3476 (Accessed June 2024).

After December 31, 2017, “insurer” includes a nonprofit dental care corporation operating under 1963 PA 125, MCL 550.351 to 550.373. – MI Compiled Law Services Sec. 500.3476 (Accessed June 2024).

Minnesota

Yes.

“"Health carrier" means an insurance company licensed under chapter 60A to offer, sell, or issue a policy of accident and sickness insurance as defined in section 62A.01; a nonprofit health service plan corporation operating under chapter 62C; a health maintenance organization operating under chapter 62D; a fraternal benefit society operating under chapter 64B; or a joint self-insurance employee health plan operating under chapter 62H. – MN Statute Sec. 62A.011 Subd 3 (Accessed May 2021)

(a) A health carrier shall reimburse the distant site licensed health care provider for covered services delivered via telemedicine on the same basis and at the same rate as the health carrier would apply to those services if the services had been delivered in person by the distant site licensed health care provider.” – MN Statute Sec. 62A.672 Subd 3 (Accessed May 2021)

Mississippi

No, coverage parity only.

“All health insurance and employee benefit plans in this state must provide coverage for telemedicine services to the same extent that the services would be covered if they were provided through in-person consultation.” – MS Code Sec. 83-9-351. (Accessed May 2021)

Missouri

Yes.

“(22) "Health carrier", an entity subject to the insurance laws and regulations of this state that contracts or offers to contract to provide, deliver, arrange for, pay for or reimburse any of the costs of health care services, including a sickness and accident insurance company, a health maintenance organization, a nonprofit hospital and health service corporation, or any other entity providing a plan of health insurance, health benefits or health services; except that such plan shall not include any coverage pursuant to a liability insurance policy, workers' compensation insurance policy, or medical payments insurance issued as a supplement to a liability policy” – MO Statute § 376.1350 (Accessed May 2021)

“Each health carrier or health benefit plan that offers or issues health benefit plans which are delivered, issued for delivery, continued, or renewed in this state on or after January 1, 2014, shall not deny coverage for a health care service on the basis that the health care service is provided through telehealth if the same service would be covered if provided through face-to-face diagnosis, consultation, or treatment.

“A health carrier shall not be required to reimburse a telehealth provider or a consulting provider for site origination fees or costs for the provision of telehealth services; however, subject to correct coding, a health carrier shall reimburse a health care provider for the diagnosis, consultation, or treatment of an insured or enrollee when the health care service is delivered through telehealth on the same basis that the health carrier covers the service when it is delivered in person.” – MO Revised Statutes § 376.1900 (Accessed May 2021)

Montana

No, coverage parity only.

“Each group or individual policy, certificate of disability insurance, subscriber contract, membership contract, or health care services agreement that provides coverage for health care services must provide coverage for health care services provided by a health care provider or health care facility by means of telehealth if the services are otherwise covered by the policy, certificate, contract, or agreement.” – HB 43 (2021 Session) (Accessed May 2021)

Nebraska

Yes, but only for certain mental health and substance use disorder services or if the provider holds medical privileges at a facility in Nebraska or provides in-person health care services in Nebraska.

“Any health insurance plan delivered, issued, or renewed in this state if coverage is provided for treatment of mental health conditions other than alcohol or substance abuse, shall provide a reimbursement rate for accessing treatment for a mental health condition using telehealth services that is the same as the rate for a comparable treatment provided or supervised in person.” – NE Revised Statute Section 44-793 (Accessed March 2022)

“3)(a) Any insurer offering any policy, certificate, contract, or plan described in subsection (2) of this section for which coverage of benefits begins on or after January 1, 2021, shall not exclude from coverage telehealth services provided by a dermatologist solely because the service is delivered asynchronously.
(b) An insurer shall reimburse a health care provider for asynchronous review by a dermatologist delivered through telehealth at a rate negotiated between the provider and the insurer.” – NE Revised Statute. Sec. 44-7, 107 (Accessed May 2021)

“Except as otherwise provided in section 44-793, the reimbursement rate for any telehealth service shall, at a minimum, be the same as a comparable in-person health care service if the licensed provider providing the telehealth service also provides in-person health care services at a physical location in Nebraska or is employed by or holds medical staff privileges at a licensed facility in Nebraska and such facility provides in-person health care services in Nebraska.” – NE Revised Statute 44-312 (Accessed September 2023)

Nevada

Yes.

“A policy of health insurance subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 2021, has the legal effect of including the coverage required by this section, and any provision of the policy or the renewal which is in conflict with this section is void.

A policy of health insurance must include coverage for services provided to an insured through telehealth to the same extent and, except for services provided through audio-only interaction, in the same amount as though provided in person or by other means.” – NV Senate Bill No. 5 (Accessed August 2021)

New Hampshire

Yes.

“An insurer offering a health plan in this state shall 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.” – NH Revised Statutes Annotated, 415-J:3 (Accessed May 2021)

New Jersey

Yes, through December 31, 2024.

“For the period beginning on the effective date of P.L.2021, c.310 and ending on December 31, 2024, a health benefits plan in this State shall provide coverage and payment for health care services delivered to a covered person through telemedicine or telehealth at a provider reimbursement rate that equals the provider reimbursement rate that is applicable, when the services are delivered through in-person contact and consultation in New Jersey, provided the services are otherwise covered by the health benefits plan when delivered through in-person contact and consultation in New Jersey.” – P.L. 2023, CHAPTER 199 (Accessed April 2024)

New Mexico

Yes.

“An insurer shall reimburse for health care services delivered via telemedicine on the same basis and at least the same rate that the insurer reimburses for comparable services delivered via in-person consultation or contact.” – NM Statutes Annotated. Sec. 59A-22-49.3(I) (Accessed May 2021)

New York

Yes, through April 1, 2026.

“(2) An insurer that provides comprehensive coverage for hospital, medical or surgical care shall reimburse covered services delivered by means of telehealth on the same basis, at the same rate, and to the same extent that such services are reimbursed when delivered in person; provided that reimbursement of covered services delivered via telehealth shall not require reimbursement of costs not actually incurred in the provision of the telehealth services, including charges related to the use of a clinic or other facility when neither the originating site nor distant site occur within the clinic or other facility.” – NY Insurance Law Article 32 Section 3217-h (Accessed May 2024)

“7. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2022; provided, however, this act shall expire and be deemed repealed on and after April 1, 2026.” – NY Assembly Bill No. 8307 (Accessed May 2024)

North Carolina

No.

No relevant policy or statue reference found.

North Dakota

No, not explicitly.

“Payment or reimbursement of expenses for covered health services delivered by means of telehealth under this section may be established through negotiations conducted by the insurer with the health services providers in the same manner as the insurer with the health services providers in the same manner as the insurer establishes payment or reimbursement of expenses for covered health services that are delivered by in-person means.” – ND Century Code Sec. 26.1-36-09.15(3) (Accessed May 2021)

Ohio

No, coverage parity only.

“A health benefit plan shall provide coverage for telemedicine services on the same basis and to the same extent that the plan provides coverage for in-person health care services. Plans cannot exclude coverage for a service solely because it is provided as a telemedicine service.” – OH Revised Code Annotated, 3902.30 (Accessed May 2021)

“(D) This section shall not be construed as doing any of the following: […]
(3) Requiring a health plan issuer to reimburse a telemedicine provider for telemedicine services at the same rate as in-person services.
(E) This section applies to all health benefit plans issued, offered, or renewed on or after January 1, 2021.” – OH Revised Code Annotated, 3902.30 (Accessed May 2021)

Oklahoma

Yes.

“"Insurer" means any entity providing an accident and health insurance policy in this state including, but not limited to, a licensed insurance company, a not-for-profit hospital service and medical indemnity corporation, a fraternal benefit society, a multiple employer welfare arrangement or any other entity subject to regulation by the Insurance Commissioner; […]

An insurer shall reimburse the treating health care professional or the consulting health care professional for the diagnosis, consultation or treatment of the patient delivered through telemedicine services on the same basis and at least at the rate of reimbursement that the insurer is responsible for coverage for the provision of the same, or substantially similar, services through in-person consultation or contact.

This act shall become effective January 1, 2022.” – Oklahoma Senate Bill 674 (Accessed May 2021)

Oregon

Yes.

“(2) To encourage the efficient use of resources and to promote cost-effective procedures in accordance with ORS 413.011 (1)(L), the Oregon Health Authority shall reimburse the cost of health services delivered using telemedicine, including but not limited to:

(a) Health services transmitted via landlines, wireless communications, the Internet and telephone networks;

(b) Synchronous or asynchronous transmissions using audio only, video only, audio and video and transmission of data from remote monitoring devices; and

(c) Communications between providers or between one or more providers and one or more patients, family members, caregivers or guardians.

(3)(a) The authority shall pay the same reimbursement for a health service regardless of whether the service is provided in person or using any permissible telemedicine application or technology. […]

(8)(a) A health benefit plan and dental-only plan must pay the same reimbursement for a health service regardless of whether the service is provided in person or using any permissible telemedicine application or technology.“ – Oregon House Bill 2508 (Accessed June 2021)

Pennsylvania

No.

No relevant policy or statue reference found.

Rhode Island

Yes, bill passed July 2021.

“(2) All such medically necessary and clinically appropriate telemedicine services delivered by in-network primary care providers, registered dietitian nutritionists, and behavioral health providers shall be reimbursed at rates not lower than services delivered by the same provider through in-person methods.” – Rhode Island House Bill No. 6032 (Accessed July 2021)

South Carolina

No.

No relevant policy or statue reference found.

South Dakota

No, coverage parity only.

“No health insurer may exclude a service for coverage solely because the service is provided through telehealth and not provided through in-person consultation or contact between a health care professional and a patient. Health care services delivered by telehealth must be appropriate and delivered in accordance with applicable law and generally accepted health care practices and standards prevailing at the time the health care services are provided, including rules adopted by the appropriate professional licensing board having oversight of the health care professional providing the health care services. Health insurers are not required to provide coverage for health care services that are not medically necessary.” – SD Codified Laws Ann. § 58-17-168 & 169 (Accessed May 2021)

Tennessee

No, coverage parity only.

“(e) A health insurance entity shall provide coverage for healthcare services provided during a provider-based telemedicine encounter in a manner that is consistent with what the health insurance policy or contract provides for in-person encounters for the same service, and shall reimburse for healthcare services provided during a provider-based telemedicine encounter without distinction or consideration of the geographic location, or any federal, state, or local designation or classification of the geographic area where the patient is located.

(f) This section does not require a health insurance entity to pay total reimbursement for a provider-based telemedicine encounter in an amount that exceeds the amount that would be paid for the same service provided by a healthcare services provider for an in-person encounter.

(g,4) This section does not require a health insurance entity to reimburse a healthcare services provider for healthcare services delivered by means of provider-based telemedicine if the applicable health insurance policy would not reimburse that healthcare services provider if the same healthcare services had been delivered by in-person means.” – Tenn. Code Ann. § 56-7-1003 (Accessed May 2021)

Texas

No, coverage parity only.

“(a) A health benefit plan:
(1) must provide coverage for a covered health care service or procedure delivered by a preferred or contracted health professional to a covered patient as a telemedicine medical service or telehealth service on the same basis and to the same extent that the plan provides coverage for the service or procedure in an in-person setting; and

(2) may not: (A) exclude from coverage a covered health care service or procedure delivered by a preferred or contracted health professional to a covered patient as a telemedicine medical service or a telehealth service solely because the covered health care service or procedure is not provided through an in-person consultation” – TX Insurance Code 1455.004(a) (Accessed May 2021)

Utah

Yes.

“(2) Notwithstanding the provisions of Section 31A-22-618.5, a health benefit plan offered in the individual market, the small group market, or the large group market shall:
(a) provide coverage for:
(i) telemedicine services that are covered by Medicare; and
(ii) treatment of a mental health condition through telemedicine services if:
(A) the health benefit plan provides coverage for the treatment of the mental health condition through in-person services; and
(B) the health benefit plan determines treatment of the mental health condition through telemedicine services meets the appropriate standard of care; and
(b) reimburse a network provider that provides the telemedicine services described in Subsection (2)(a) at a negotiated commercially reasonable rate.” – UT Code Title 31A, Ch. 22, Part 6, Section 649.5 (Accessed May 2021)

Vermont

Yes.

“(a)(1) All health insurance plans in this State shall provide coverage for health care services and dental services delivered through telemedicine by a health care provider at a distant site to a patient at an originating site to the same extent that the plan would cover the services if they were provided through in-person consultation.

[Subdivision (a)(2) repealed effective January 1, 2026.]

(2)(A) A health insurance plan shall provide the same reimbursement rate for services billed using equivalent procedure codes and modifiers, subject to the terms of the health insurance plan and provider contract, regardless of whether the service was provided through an in-person visit with the health care provider or through telemedicine.” – VT Statutes Annotated, Title 8 Sec. 4100k (Accessed Feb. 2021)

“2020 Acts and Resolves No. 91, Sec. 27 (repealing 8 V.S.A. § 4100k(a)(2), telemedicine reimbursement parity, on January 1, 2026) is repealed.” – Vermont House Bill No. 861 (Accessed May 2024)

 

Virginia

Yes.

“An insurer, corporation, or health maintenance organization shall not be required to reimburse the treating provider or the consulting provider for technical fees or costs for the provision of telemedicine services; however, such insurer, corporation, or health maintenance organization shall reimburse the treating provider or the consulting provider for the diagnosis, consultation, or treatment of the insured delivered through telemedicine services on the same basis that the insurer, corporation, or health maintenance organization is responsible for coverage for the provision of the same service through face-to-face consultation or contact.” VA Code 38.2-3418.16 (Accessed April 2022)

Washington

Yes.

“(b)(i) Except as provided in (b)(ii) of this subsection, for health plans issued or renewed on or after January 1, 2021, a health carrier shall reimburse a provider for a health care service provided to a covered person through telemedicine at the same rate as if the health care service was provided in person by the provider.

(ii) Hospitals, hospital systems, telemedicine companies, and provider groups consisting of eleven or more providers may elect to negotiate a reimbursement rate for telemedicine services that differs from the reimbursement rate for in-person services. – WA RCW 48.43.735 & Sec. 41.05.700 as amended by House Bill 1196 (2021 Session) (Accessed May 2021)

West Virginia

Yes, for established patients and patients in acute care facilities.

The insurer shall provide reimbursement for a telehealth service at a rate negotiated between the provider and the insurance company for virtual telehealth encounters. The plan shall provide reimbursement for a telehealth service for an established patient, or care rendered on a consulting basis to a patient located in an acute care facility whether inpatient or outpatient on the same basis and at the same rate as if the service were provided through an in-person encounter. - WV Statute Sec. 5-16-7b (Accessed March 2022)

Wisconsin

No.

No relevant policy or statue reference found.

Wyoming

No.

No relevant policy or statue reference found.