APPROVED CHAPTER
JUNE 21, 2021 291
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-ONE
_____
S.P. 50 - L.D. 791
An Act Regarding Telehealth Regulations
Emergency preamble. Whereas, acts and resolves of the Legislature do not
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, in response to COVID-19, the Governor has declared a state of civil
emergency and, pursuant to that proclamation, the Governor has issued an executive order
authorizing licensed health care providers to provide telehealth services until the end of the
state of civil emergency; and
Whereas, this legislation permits licensed health care providers to provide telehealth
services on an ongoing basis as long as they act within the scope of practice of their licenses
in accordance with any requirements and restrictions imposed by law and in accordance
with standards of practice; and
Whereas, this legislation authorizes the licensing boards for these health care
providers to adopt rules to establish standards of practice and restrictions for telehealth
services; and
Whereas, it is important that this legislation take effect as soon as possible so that the
rules can be adopted in an expedient manner; and
Whereas, in the judgment of the Legislature, these facts create an emergency within
the meaning of the Constitution of Maine and require the following legislation as
immediately necessary for the preservation of the public peace, health and safety; now,
therefore,
Be it enacted by the People of the State of Maine as follows:
PART A
Sec. A-1. 22 MRSA §3173-H, sub-§1, ¶D, as amended by PL 2019, c. 649, §1, is
further amended to read:
D. "Telehealth," as it pertains to the delivery of MaineCare services, means the use of
interactive visual and audio or other electronic media for the purpose of consultation
and education concerning and diagnosis, treatment, care management and self-
management of a patient's physical and mental health information technology and
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 includes real-time interaction between the patient and the patient's provider, electronic
consultation between health professionals regarding the patient, synchronous
encounters, asynchronous encounters, store and forward transfers and remote patient
monitoring. "Telehealth" includes telephonic services when interactive telehealth
services are unavailable or when a telephonic service is medically appropriate for the
underlying covered service telemonitoring.
Sec. A-2. 22 MRSA §3173-H, sub-§1, ¶E, as amended by PL 2019, c. 649, §1, is
further amended to read:
E. "Telemonitoring," as it pertains to the delivery of MaineCare services, means the
use of information technology to remotely monitor a patient's health status via
electronic means through the use of clinical data while the patient remains in a
residential setting, allowing the provider to track the patient's health data over time.
Telemonitoring may or may not take place in real time be synchronous or
asynchronous.
Sec. A-3. 22 MRSA §3173-H, sub-§6 is enacted to read:
6. Consent for telehealth and telemonitoring services. A patient may provide
verbal, electronic or written consent for telehealth and telemonitoring services under this
section.
Sec. A-4. 24-A MRSA §4316, sub-§1, as amended by PL 2019, c. 649, §3, is
further amended to read:
1. Definitions. As used in this section, unless the context otherwise indicates, the
following terms have the following meanings.
A. "Mobile health device" means a wearable device used to track health and wellness,
including, but not limited to, a heart rate and respiratory monitor, an electrocardiogram
monitor and a glucose monitor.
A-1. "Medicare" means the "Health Insurance for the Aged Act," Title XVIII of the
Social Security Amendments of 1965, as amended.
B. "Store and forward transfers" means transmission of an enrollee's recorded health
history through a secure electronic system to a provider.
B-1. "Asynchronous encounters" means the interaction or consultation between an
enrollee and the enrollee’s provider or between providers regarding the enrollee
through a system with the ability to store digital information, including, but not limited
to, still images, video, audio and text files, and other relevant data in one location and
subsequently transmit such information for interpretation at a remote site by health
professionals without requiring the simultaneous presence of the patient or the health
professionals.
B-2. "Synchronous encounters" means a real-time interaction conducted with
interactive audio or video connection between an enrollee and the enrollee’s provider
or between providers regarding the enrollee.
C. "Telehealth," as it pertains to the delivery of health care services, means the use of
interactive real-time visual and audio or other electronic media for the purpose of
consultation and education concerning and diagnosis, treatment, care management and
self-management of an enrollee's physical and mental health information technology
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 and includes real-time interaction between the enrollee and the telehealth provider,
synchronous encounters, asynchronous encounters, store and forward transfers and
telemonitoring. "Telehealth" does not include the use of audio-only telephone,
facsimile machine, e-mail or texting.
D. "Telemonitoring," as it pertains to the delivery of health care services, means the
use of information technology to remotely monitor an enrollee's health status via
electronic means through the use of clinical data while the enrollee remains in a
residential setting, allowing the provider to track the enrollee's health data over time.
Telemonitoring may or may not take place in real time be synchronous or
asynchronous.
E. "Telephonic services," as it pertains to the delivery of health care services, means
the use of telephone communication by a provider at a distance for the purpose of
diagnosis, disease monitoring or treatment.
Sec. A-5. 24-A MRSA §4316, sub-§2, as corrected by RR 2019, c. 2, Pt. A, §28,
is amended to read:
2. Parity for telehealth services. 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 and as long as the provider is acting within the scope
of practice of the provider’s license and in accordance with rules adopted by the board, if
any, that issued the provider’s license related to standards of practice for the delivery of a
health care service through telehealth. 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. If an enrollee is eligible for coverage and the
delivery of the health care service through telehealth is medically appropriate, a carrier may
not deny coverage for telehealth services. 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. A carrier may not exclude a health care service
from coverage solely because such health care service is provided only through a telehealth
encounter, as long as telehealth is appropriate for the provision of such health care service.
Sec. A-6. 24-A MRSA §4316, sub-§3, ¶G is enacted to read:
G. The carrier may not place any restriction on the prescribing of medication through
telehealth by a provider whose scope of practice includes prescribing medication that
is more restrictive than any requirement in state and federal law for prescribing
medication through in-person consultation.
Sec. A-7. 24-A MRSA §4316, sub-§5, as enacted by PL 2019, c. 289, §2, is
repealed.
Sec. A-8. 24-A MRSA §4316, sub-§10 is enacted to read:
10. Network adequacy. The availability of health care services through telehealth
may not be considered for the purposes of demonstrating the adequacy of a carrier’s
network pursuant to section 4303, subsection 1 and Bureau of Insurance Rule Chapter 850:
Health Plan Accountability.
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 PART B
Sec. B-1. 32 MRSA §69 is enacted to read:
§69. Telehealth services
1. Definitions. As used in this section, unless the context otherwise indicates, the
following terms have the following meanings.
A. "Asynchronous encounter" means an interaction between an individual and a person
licensed under this chapter through a system that has the ability to store digital
information, including, but not limited to, still images, video files, audio files, text files
and other relevant data, and to transmit such information without requiring the
simultaneous presence of the individual and the person licensed under this chapter.
B. "Store and forward transfer" means the transmission of an individual's records
through a secure electronic system to a person licensed under this chapter.
C. "Synchronous encounter" means a real-time interaction conducted with an
interactive audio or video connection between an individual and a person licensed
under this chapter or between a person licensed under this chapter and another health
care provider.
D. "Telehealth services" means health care services delivered through the use of
information technology and includes synchronous encounters, asynchronous
encounters, store and forward transfers and telemonitoring.
E. "Telemonitoring" means the use of information technology to remotely monitor an
individual's health status via electronic means, allowing the person licensed under this
chapter to track the individual's health data over time. Telemonitoring may be
synchronous or asynchronous.
2. Telehealth services permitted. A person licensed under this chapter may provide
telehealth services as long as the licensee acts within the scope of practice of the licensee's
license, in accordance with any requirements and restrictions imposed by this section and
in accordance with standards of practice.
3. Confidentiality. When providing telehealth services, a person licensed under this
chapter shall comply with all state and federal confidentiality and privacy laws.
4. Professional responsibility. All laws and rules governing professional
responsibility, unprofessional conduct and generally accepted standards of practice that
apply to a person licensed under this chapter also apply to that licensee while providing
telehealth services.
5. Rulemaking. The board shall adopt rules governing telehealth services by persons
licensed under this chapter. These rules must establish standards of practice and
appropriate restrictions for the various types and forms of telehealth services. Rules
adopted pursuant to this subsection are routine technical rules as defined by Title 5, chapter
375, subchapter 2-A.
Sec. B-2. 32 MRSA c. 9, sub-c. 6 is enacted to read:
SUBCHAPTER 6
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 TELEHEALTH SERVICES
§566. Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms
have the following meanings.
1. Asynchronous encounter. "Asynchronous encounter" means an interaction
between a patient and a person licensed under this chapter through a system that has the
ability to store digital information, including, but not limited to, still images, video files,
audio files, text files and other relevant data, and to transmit such information without
requiring the simultaneous presence of the patient and the person licensed under this
chapter.
2. Store and forward transfer. "Store and forward transfer" means the transmission
of a patient's records through a secure electronic system to a person licensed under this
chapter.
3. Synchronous encounter. "Synchronous encounter" means a real-time interaction
conducted with an interactive audio or video connection between a patient and a person
licensed under this chapter or between a person licensed under this chapter and another
health care provider.
4. Telehealth services. "Telehealth services" means health care services delivered
through the use of information technology and includes synchronous encounters,
asynchronous encounters, store and forward transfers and telemonitoring.
5. Telemonitoring. "Telemonitoring" means the use of information technology to
remotely monitor a patient's health status via electronic means, allowing the person licensed
under this chapter to track the patient's health data over time. Telemonitoring may be
synchronous or asynchronous.
§567. Telehealth services permitted
A person licensed under this chapter may provide telehealth services as long as the
licensee acts within the scope of practice of the licensee's license, in accordance with any
requirements and restrictions imposed by this subchapter and in accordance with standards
of practice.
§568. Confidentiality
When providing telehealth services, a person licensed under this chapter shall comply
with all state and federal confidentiality and privacy laws.
§569. Professional responsibility
All laws and rules governing professional responsibility, unprofessional conduct and
generally accepted standards of practice that apply to a person licensed under this chapter
also apply to that licensee while providing telehealth services.
§570. Rulemaking
The board shall adopt rules governing telehealth services by persons licensed under
this chapter. These rules must establish standards of practice and appropriate restrictions
for the various types and forms of telehealth services. Rules adopted pursuant to this section
are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A.
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 Sec. B-3. 32 MRSA §1533 is enacted to read:
§1533. Telehealth services
1. Definitions. As used in this section, unless the context otherwise indicates, the
following terms have the following meanings.
A. "Asynchronous encounter" means an interaction between an individual and a person
licensed under this chapter through a system that has the ability to store digital
information, including, but not limited to, still images, video files, audio files, text files
and other relevant data, and to transmit such information without requiring the
simultaneous presence of the individual and the person licensed under this chapter.
B. "Store and forward transfer" means the transmission of an individual's records
through a secure electronic system to a person licensed under this chapter.
C. "Synchronous encounter" means a real-time interaction conducted with an
interactive audio or video connection between an individual and a person licensed
under this chapter or between a person licensed under this chapter and another health
care provider.
D. "Telehealth services" means health care services delivered through the use of
information technology and includes synchronous encounters, asynchronous
encounters, store and forward transfers and telemonitoring.
E. "Telemonitoring" means the use of information technology to remotely monitor an
individual's health status via electronic means, allowing the person licensed under this
chapter to track the individual's health data over time. Telemonitoring may be
synchronous or asynchronous.
2. Telehealth services permitted. A person licensed under this chapter may provide
telehealth services as long as the licensee acts within the scope of practice of the licensee's
license, in accordance with any requirements and restrictions imposed by this section and
in accordance with standards of practice.
3. Confidentiality. When providing telehealth services, a person licensed under this
chapter shall comply with all state and federal confidentiality and privacy laws.
4. Professional responsibility. All laws and rules governing professional
responsibility, unprofessional conduct and generally accepted standards of practice that
apply to a person licensed under this chapter also apply to that licensee while providing
telehealth services.
5. Rulemaking. The director shall adopt rules governing telehealth services by
persons licensed under this chapter. These rules must establish standards of practice and
appropriate restrictions for the various types and forms of telehealth services. Rules
adopted pursuant to this subsection are routine technical rules as defined by Title 5, chapter
375, subchapter 2-A.
Sec. B-4. 32 MRSA c. 31, sub-c. 7 is enacted to read:
SUBCHAPTER 7
TELEHEALTH SERVICES
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§2266. Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms
have the following meanings.
1. Asynchronous encounter. "Asynchronous encounter" means an interaction
between a patient and a person licensed under this chapter through a system that has the