Resources

Client Alerts, News Articles, Blog Posts, & Multimedia

Everything you need to know about BMD and the industry.

Wondering What’s Happening with Telehealth Legislation in Ohio?

Client Alert
February 10, 2022

Introduction

In December 2021, Governor DeWine signed into law HB 122, which will expand telehealth services in Ohio. The law takes effect in March 2022 and is in response to more patients relying on telehealth over the past two years during the height of the COVID pandemic, and more providers becoming comfortable with delivering services virtually. Telehealth is now a normalized healthcare delivery system nationwide. Beyond the safety benefits inherent in telehealth services, telehealth has made healthcare more accessible and more affordable for more people.

HB 122 At a Glance

HB 122 broadly expands the list of providers who can bill for telehealth services and replaces outdated regulations that limited access to telehealth care. Before HB 122, only physicians, physician assistants and advanced practice registered nurses could provide services via telehealth. HB 122 expands telemedicine use to include psychologists, speech and hearing therapists, physical therapists, counselors and social workers, dietitians, optometrists, chiropractors and several other health care specialties.[1] The law also removes the requirement that a patient’s initial visit be in-person and instead allows initial and annual patient visits to be conducted virtually.  

HB 122 requires both public (i.e., Medicaid and Medicare) and private insurance to cover telehealth services. Additionally, the law prohibits health plans from imposing cost sharing for telehealth services that exceeds the cost sharing for equivalent in-person services. 

Finally, HB 122 applies to more regulated treatment modalities. The law will allow physicians authorized to prescribe medical marijuana to conduct the required in-person patient exams via telehealth. While most patients that are prescribed a schedule II controlled substances are required to still attend their initial visit in-person, HB 122 sets forth several exceptions that allow for an initial visit via telehealth, including if 1) the patient is in palliative or hospice care; 2) the patient receives medication-assisted treatment for opioid use disorder; 3) the patient is currently under treatment for a diagnosed mental health condition; or 4) the patient is treated in an emergency situation. 

To ensure compliance with the new state telehealth laws, please contact Kevin Cripe at kmcripe@bmdllc.com, 614.246.7506, or your existing BMD healthcare attorney.

[1] The full list of allowed providers is: Advanced practice registered nurses; Optometrists licensed to practice under a therapeutic pharmaceutical agents certificate; Pharmacists; Physician assistants; Physicians; Psychologists and school psychologists, including school psychologists licensed under State Board of Education rules; Chiropractors; Audiologists and speech-language pathologists; Occupational therapists and physical therapists; Occupational therapy assistants and physical therapist assistants; Professional clinical counselors, independent social workers, and independent marriage and family therapists; Independent chemical dependency counselors; Certified Ohio behavior analysts; Dietitians; Respiratory care professionals; and Genetic counselors.

telehealthCOVID-19 Telehealth ProgramohioGovernor Mike DeWinehb 122Medicaidmedicare
Client Alert

No Surprises Act Update: The IDR Portal is Open

April 25, 2022The No Surprises Act (“NSA”) became effective January 1, 2022, and has been the subject of lawsuits and criticisms since its inception. The goals of the No Surprises Act are to shield patients from surprise medical bills, provide to uninsured and self-pay patients good faith estimates of charges, and create a process to resolve payment disputes over surprise bills, which arise most typically in emergency care settings. We have written about Part I and Part II of the NSA previously. This update concerns the Independent Dispute Resolution (“IDR”) procedure created by Part II but applicable to claims covered by Part I. The Centers for Medicare & Medicaid Services (“CMS”) finally opened the Portal for providers to submit disputes to the IDR process following some updated guidance regarding the arbitration process itself.Client Alert

Updated FAQs for the No Surprises Act - Good Faith Estimates

April 7, 2022The No Surprises Act (“NSA”) became effective January 1, 2022. Meant to protect consumers from surprise medical bills, the new law is good for consumers, but vexatious for health care providers and facilities. One particular source of frustration is the operationalization of the Good Faith Estimate (“GFE”) requirement, governed by Part II of the regulations that implement the NSA. The GFE requirements apply broadly to all healthcare providers and facilities that practice within the scope of their state-issued license.Client Alert

IMPORTANT PRF UPDATE! HRSA Allows Providers the Opportunity to Correct Missed Period 1 Reporting

April 7, 2022Late Wednesday, April 6, HRSA announced that it was going to allow providers with extenuating circumstances that prevented them from preventing a completed Period 1 Report to submit a Request to Report Late Due to Extenuating Circumstances.Client Alert

Advanced Practice Providers and Telemedicine Start-Up Surge

March 8, 2022Throughout the COVID-19 pandemic, we heard a lot about “surges” that happened all over the country regarding the virus. One of the other interesting “surges” we have followed is the “surge” in new healthcare business start-ups, particularly businesses owned by advanced practice providers, such as nurse practitioners, physician assistants, certified nurse midwives, clinical nurse specialists, and certified registered nurse anesthetists (“Advanced Practice Providers” or “APPs”). One of the hottest areas in the healthcare start-up surge has been the creation of practices that are telemedicine focused.Client Alert

Ohio Department of Health Releases Updated Charge Limits for Medical Records

March 7, 2022Under Ohio law, a healthcare provider or medical records company that receives a request for a copy of a patient's medical record may charge an amount in accordance with the limits set forth in Ohio Revised Code Section 3701.741. The allowable amounts are increased or decreased annually by the average percentage of increase or decrease in the consumer price index for all urban consumers, prepared by the United States Department of Labor, Bureau of Labor Statistics, for the immediately preceding calendar year over the calendar year immediately preceding that year, as reported by the Bureau. The Director of the Ohio Department of Health makes this determination and adjusts the amounts accordingly. The list is then published, here.
Older posts
Newer posts