Evolving U.S. Telehealth Laws Boost Access and Parity

May 13, 2024

The Rise of Telehealth Coverage

In the landscape of U.S. healthcare, one of the most significant transformations has been the evolution of telehealth legislation. Prior to the unforeseen circumstances of the COVID-19 pandemic in 2019, telehealth was positioned on the fringes of mainstream medical services. Yet, as healthcare demands skyrocketed, so did the need for virtual care options, prompting a rapid legislative response. A survey by Foley & Lardner paints an encouraging picture of the progress made in state telehealth insurance laws since 2019. Originally, only 43 states had telehealth statutes, with a slightly smaller number mandating that commercial insurance plans provide coverage for virtual services.The swift adoption of telehealth services necessitated the establishment of clear legal frameworks to foster its continued use post-pandemic. Consequently, there’s been a dramatic increase in the number of states enforcing payment parity, ensuring that telehealth services are not financially undervalued compared to their in-person counterparts. This pivotal move, from merely facilitating coverage to guaranteeing equitable payment, marks a monumental shift in telehealth’s status within the healthcare system. States are increasingly recognizing the value of virtual health, not as a supplementary service but as a fundamental aspect of patient care.

Advancing Payment Parity and Reducing Patient Costs

Payment parity has emerged as a key area of progression, expanding to 17 additional states. Specifically, some states have focused their attention on bolstering telehealth accessibility for mental and behavioral health, while others have limited payment parity to benefit predominantly rural populations. Interestingly, despite the absence of statutory mandates, many commercial insurers have independently opted to maintain telehealth coverage—reflecting an understanding of its growing importance and patient preference. The advances in telehealth legislation aren’t just about payment parity; they also spotlight patient protection from unexpected costs. States are systematically addressing concerns around higher copayments or deductibles for telehealth versus in-person visits, attempting to remove any cost-based disincentives. Legislators are also paying heed to provider concerns, eliminating restrictive exclusivity agreements that previously limited the choice of telehealth platforms. It is clear that these initiatives are fostering a healthcare environment where telehealth is becoming increasingly normalized as part of the standard care continuum.

Supporting Remote Treatment and Access

Telehealth legislation is expanding across 17 more states, emphasizing the equalization of payments for virtual and in-person services. This includes a prioritization of mental and behavioral health accessibility and a focus on extending benefits to rural communities. Notably, many private insurers are voluntarily preserving telehealth coverage, signaling its increasing value to patients. States are actively preventing higher costs for telehealth by equating copayments and deductibles with traditional services, thus encouraging its usage. Moreover, to protect providers and patients, restrictions on exclusive telehealth platform agreements are being lifted. It’s evident that telehealth is being woven into the fabric of standard healthcare provision, a trend that legislators and insurers alike are nurturing to meet evolving healthcare needs.

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