§431:10A‑116.3  Coverage fortelehealth.  (a)  It is the intent of the legislature to recognize theapplication of telehealth as a reimbursable service by which an individualshall receive medical services from a health care provider without face-to-facecontact with the provider.

(b)  No accident and health or sicknessinsurance plan that is issued, amended, or renewed shall require face-to-facecontact between a health care provider and a patient as a prerequisite forpayment for services appropriately provided through telehealth in accordancewith generally accepted health care practices and standards prevailing in theapplicable professional community at the time the services were provided.  Thecoverage required in this section may be subject to all terms and conditions ofthe plan agreed upon among the enrollee or subscriber, the insurer, and theprovider.

(c)  There shall be no reimbursement for atelehealth consultation between health care providers unless a health careprovider-patient relationship exists between the patient and one of the healthcare providers involved in the telehealth interaction.

For the purposes of this section, "healthcare provider" means a provider of services, as defined in 42 U.S.C.1395x(u), a provider of medical and other health services, as defined in 42U.S.C. 1395x(s), and any other person or organization who furnishes, bills, oris paid for health care in the normal course of business.

(d)  Notwithstanding chapter 453 or rulesadopted pursuant thereto, in the event that a health care provider-patientrelationship does not exist between the patient and the health care provider tobe involved in a telehealth interaction between the patient and the health careprovider, a telehealth mechanism may be used to establish a health careprovider-patient relationship.

(e)  For the purposes of this section,"telehealth" means the use of telecommunications services, as definedin section 269‑1, including but not limited to real-time videoconferencing-based communication, secure interactive and non‑interactiveweb-based communication, and secure asynchronous information exchange, totransmit patient medical information, including diagnostic-quality digitalimages and laboratory results for medical interpretation and diagnosis, for thepurpose of delivering enhanced health care services and information to partiesseparated by distance.  Standard telephone contacts, facsimile transmissions,or email text, in combination or by itself, does not constitute a telehealthservice for the purposes of this chapter. [L 1998, c 278, §2; am L 2002, c 155,§56; am L 2006, c 219, §2; am L 2009, c 20, §3]

 

Cross References

 

  Practice of telemedicine, see §453-1.3.