Bill Summary – FastDemocracy

H.B. 149
                          GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                                            Feb 24, 2021
                                      SESSION 2021                                    HOUSE PRINCIPAL CLERK
     H                                                                                               D
                                   HOUSE BILL DRH30093-MR-28B
     Short Title:   Improving Access to Care Through Telehealth.                               (Public)
     Sponsors:      Representatives Lambeth, White, Potts, and K. Baker (Primary Sponsors).
     Referred to:
                                    A BILL TO BE ENTITLED
 AN ACT TO REQUIRE HEALTH BENEFIT PLAN COVERAGE FOR THE DELIVERY OF
     HEALTH CARE SERVICES THROUGH TELEHEALTH.
 The General Assembly of North Carolina enacts:
            SECTION 1. Part 7 of Article 50 of Chapter 58 of the General Statutes is amended
 by adding a new section to read as follows:
 "§ 58-50-305. Coverage for the delivery of health care services through telehealth.
     (a)    For the purposes of this section, the following definitions shall apply:
            (1)     Health benefit plan. – As defined in G.S. 58-3-167.
            (2)     Telehealth. – The delivery of health care services by a health care provider
                    who is licensed in this State through (i) an encounter conducted through
                    real-time interactive audio and video technology, (ii) store and forward
                    services that are provided by asynchronous technologies as the standard
                    practice of care where medical information is sent to a provider for evaluation,
                    or (iii) a communication in which the provider has access to the patient's
                    medical history prior to the telehealth encounter. Any requirement for a
                    face-to-face, in-person encounter shall be satisfied with the use of
                    asynchronous telecommunications technologies in which the health care
                    provider has access to the patient's medical history prior to the telehealth
                    encounter. Telehealth shall not include the delivery of services solely through
                    electronic mail, text chat, or audio communication unless additional medical
                    history and clinical information is communicated electronically between the
                    provider and patient.
     (b)    All of the following shall apply to all health benefit plans offered in this State:
            (1)     A health benefit plan may not exclude from coverage a health care service or
                    procedure delivered by a health care professional to an insured through
                    telehealth solely because the health care service or procedure is not provided
                    through an in-person, face-to-face consultation. This includes reimbursement
                    for patient monitoring using telehealth.
            (2)     A health benefit plan shall reimburse for provider-to-provider consultations
                    that are conducted using telehealth if the health benefit plan would provide
                    reimbursement for that consult had it taken place in person, face-to-face.
            (3)     A health benefit plan may require a deductible, a copayment, or coinsurance
                    for a covered health care service or procedure delivered by a preferred or
                    contracted health professional to an insured through telehealth. The amount
                    of the deductible, copayment, or coinsurance may not exceed the amount of
                                  *DRH30093-MR-28B*
     General Assembly Of North Carolina                                                    Session 2021
                    the deductible, copayment, or coinsurance required had the covered health
                    care service been provided in person, face-to-face.
             (4)    No health benefit plan may require prior authorization for the delivery of
                    health care services through telehealth if prior authorization is not required
                    had the health care service taken place in person, face-to-face.
             (5)    No health benefit plan may put limits on the originating site or the distant site
                    for the delivery of health care through telehealth.
             (6)    Telehealth shall not be used for any health care services related to an abortion,
                    including a medication abortion, except in the case of an emergency
                    therapeutic abortion."
             SECTION 2. This act becomes effective October 1, 2021, and applies to health
 benefit plan contracts issued, renewed, or amended on or after that date.
     Page 2                                                                       DRH30093-MR-28B
Statutes affected: 
Edition 3: 108A-54.3A, 108A-145.3, 108A-146.9, 108A-146.12, 108A-146.13, 131E-176, 131E-178, 131E-182, 131E-183, 131E-184, 131E-185, 131E-188, 148-19.1, 90-171.20, 90-18, 90-18.2, 90-2, 90-18.3, 90-85.24, 90-85.34A, 90-29, 90-171.23, 90-171.27, 90-171.37, 90-171.43, 90-171.43A, 90-171.44, 90-21.11
Edition 4: 108A-54.3A, 108A-145.3, 108A-146.9, 108A-146.12, 108A-146.13, 131E-176, 131E-178, 131E-182, 131E-183, 131E-184, 131E-185, 131E-188, 148-19.1, 90-171.20, 90-18, 90-18.2, 90-2, 90-18.3, 90-85.24, 90-85.34A, 90-29, 90-171.23, 90-171.27, 90-171.37, 90-171.43, 90-171.43A, 90-171.44, 90-21.11
Edition 5: 108A-54.3A, 108A-145.3, 108A-146.9, 108A-146.12, 108A-146.13, 131E-176, 131E-178, 131E-182, 131E-183, 131E-184, 131E-185, 131E-188, 148-19.1, 90-171.20, 90-18, 90-18.2, 90-2, 90-18.3, 90-85.24, 90-85.34A, 90-29, 90-171.23, 90-171.27, 90-171.37, 90-171.43, 90-171.43A, 90-171.44, 90-21.11