Present law provides for the use of HIPAA-compliant real-time, interactive audio, video telecommunications, or electronic technology, or asynchronous computer-based communications or transfer of medical data ("store-and-forward telemedicine services"), used over the course of an interactive visit by a healthcare services provider to deliver healthcare services to a patient within the scope of practice of the healthcare services provider when the following conditions are met:
(1) The healthcare services provider is at a qualified site other than the site where the patient is located and has access to the relevant medical record for that patient;
(2) The patient is located at a location the patient deems appropriate to receive the healthcare service that is equipped to engage in telecommunications as described under present law;
(3) The healthcare services provider makes use of HIPAA-compliant real-time, interactive audio, video telecommunications or electronic technology, or store-and-forward telemedicine services to deliver healthcare services to a patient within the scope of practice of the healthcare services provider as long as the healthcare services provider, the healthcare services provider's practice group, or the healthcare system has established a provider-patient relationship by submitting to a health insurance entity evidence of an in-person encounter between the healthcare service provider, the healthcare services provider's practice group, or the healthcare system and the patient within 16 months prior to the interactive visit;
(4) The requirement of an in-person encounter between the healthcare services provider, the healthcare services provider's practice group, or the healthcare system and the patient within 16 months prior to the interactive visit is tolled for the duration of a state of emergency declared by the governor if the healthcare services provider or the patient, or both, are located in the geographical area covered by the applicable state of emergency; and
(5) The requirement of an in-person encounter between the healthcare services provider, the healthcare services provider's practice group, or the healthcare system and the patient within 16 months prior to the interactive visit does not apply to a patient who is receiving an initial behavioral health evaluation or assessment.
This bill removes provisions (3)-(5) above, thereby, removing the requirement that the patient have already established the provider-patient relationship within 16 months prior to the interactive visit.
ON MARCH 21, 2024, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1881, AS AMENDED.
AMENDMENT #1 rewrites the bill to, instead, make the changes described below to the present law relevant to provider-based telemedicine.
Present law provides for the use of HIPAA-compliant real-time, interactive audio, video telecommunications, or electronic technology, or asynchronous computer-based communications or transfer of medical data ("store-and-forward telemedicine services"), used over the course of an interactive visit by a healthcare services provider to deliver healthcare services to a patient within the scope of practice of the healthcare services provider when the following conditions are met:
(1) The healthcare services provider is at a qualified site other than the site where the patient is located and has access to the relevant medical record for that patient;
(2) The patient is located at a location the patient deems appropriate to receive the healthcare service that is equipped to engage in telecommunications as described under present law;
(3) The healthcare services provider makes use of HIPAA-compliant real-time, interactive audio, video telecommunications or electronic technology, or store-and-forward telemedicine services to deliver healthcare services to a patient within the scope of practice of the healthcare services provider as long as the healthcare services provider, the healthcare services provider's practice group, or the healthcare system has established a provider-patient relationship by submitting to a health insurance entity evidence of an in-person encounter between the healthcare service provider, the healthcare services provider's practice group, or the healthcare system and the patient within 16 months prior to the interactive visit;
(4) The requirement of an in-person encounter between the healthcare services provider, the healthcare services provider's practice group, or the healthcare system and the patient within 16 months prior to the interactive visit is tolled for the duration of a state of emergency declared by the governor if the healthcare services provider or the patient, or both, are located in the geographical area covered by the applicable state of emergency; and
(5) The requirement of an in-person encounter between the healthcare services provider, the healthcare services provider's practice group, or the healthcare system and the patient within 16 months prior to the interactive visit does not apply to a patient who is receiving an initial behavioral health evaluation or assessment.
This amendment revises the present law in (3) above requiring that the evidence be submitted prior to the interactive visit and removes "within 16 months".
This amendment deletes the present law in (4) above and, instead, requires that the healthcare services provider, the healthcare services provider's practice group, or the healthcare system is able to render the healthcare services through an in-person encounter.
Finally, this amendment revises the present law in (5) above by removing "within 16 months".

Statutes affected:
Introduced: 56-7-1003
Amended with SA0707 -- 03/21/2024: 56-7-1003, 56-7-1003(a)(6)(A)(iii)