Private Payer

Definitions

Each state differs in how they define the term ‘telemedicine’ or ‘telehealth’. In some states both terms are explicitly defined in law and/or policy and regulations. ‘Telehealth’ is sometimes used to reflect a broader definition, while “telemedicine” is used mainly to define the delivery of clinical services.  Additional variations of the term, primarily utilizing the “tele” prefix are also becoming more prevalent.  Sometimes states use one definition that applies to Medicaid, private payers and professional regulation while other times states have separate definitions for each.

Click the map to scroll down to the state

Federal

Last updated 02/28/2021

Medicare Advantage (MA)

The term “additional telehealth benefits” means services—…

Medicare Advantage (MA)

The term “additional telehealth benefits” means services—

  • For which benefits are available under part B, including services for which payment is not made under section 1834(m) due to the conditions for payment under such section; and
  • That are identified for such year as clinically appropriate to furnish using electronic information and telecommunications technology when a physician or practitioner providing the service is not at the same location as the plan enrollee.

The term “additional telehealth benefits” does not include capital and infrastructure costs and investments relating to such benefits.

SOURCE:  Social Security Act, Sec. 1852 (Accessed Feb. 2021).

Additional telehealth benefits means services:

  • For which benefits are available under Medicare Part B but which are not payable under section 1834(m) of the Act; and
  • That have been identified by the MA plan for the applicable year as clinically appropriate to furnish through electronic exchange when the physician or practitioner providing the service is not in the same location as the enrollee.

Electronic exchange means electronic information and telecommunications technology.

SOURCE:  42 CFR Sec. 422.135 (Accessed Feb. 2021).

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Alabama

Last updated 02/28/2021

No Reference Found

No Reference Found

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Alaska

Last updated 02/28/2021

No Reference Found

No Reference Found

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Arizona

Last updated 02/28/2021

Effective December 31, 2020

[Telemedicine] means the interactive use of …

Effective December 31, 2020

[Telemedicine] means the interactive use of audio, video or other electronic media, including asynchronous store-and-forward technologies and remote patient monitoring technologies, for the purpose of diagnosis, consultation or treatment. [Telemedicine] does not include the sole use of an audio‑only telephone, a video‑only system, a facsimile machine, instant messages or electronic mail.

SOURCE:  AZ Senate Bill 1089 (2019). & AZ Rev. Statutes. Sec. 20-841.09 & 20-1057.13 & 20-1376.05 & 20-1406.05. (Accessed Feb. 2021).

Under Arizona Administrative Code, Department of Insurance, Health Care Services Organizations Oversight, “telemedicine means diagnostic, consultation, and treatment services that occur in the physical presence of an enrollee on a real-time basis through interactive audio, video, or data communication.”

SOURCE: AZ Admin. Code Sec. R20-6-1902. Pg. 127 (Accessed Feb. 2021).

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Arkansas

Last updated 02/28/2021

Telemedicine means the use of electronic information and communication technology …

Telemedicine means the use of electronic information and communication technology to deliver healthcare services, including without limitation the assessment, diagnosis, consultation, treatment, education, care management and self-management of a patient.  Telemedicine includes store-and-forward and remote patient monitoring. Telemedicine does not include the use of audio-only communication including without limitation interactive audio; a facsimile machine; text messaging; or electronic mail systems.

SOURCE: AR Code 23-79-1601(7). (Accessed Feb. 2021).

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California

Last updated 02/28/2021

“Telehealth means the mode of delivering health care services and …

“Telehealth means the mode of delivering health care services and public health via information and communication technologies to facilitate the diagnosis, consultation, treatment, education, care management, and self-management of a patient’s health care. Telehealth facilitates patient self-management and caregiver support for patients and includes synchronous interactions and asynchronous store-and-forward transfers.”

SOURCE: CA Business & Professions Code Sec. 2290.5. (Accessed Feb. 2021).

 

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Colorado

Last updated 02/28/2021

Telehealth means a mode of delivery of healthcare services through …

Telehealth means a mode of delivery of healthcare services through HIPAA compliant telecommunications systems, including information, electronic, and communication technologies, remote monitoring technologies, and store-and-forward transfers, to facilitate the assessment, diagnosis, consultation, treatment, education, care management, or self-management of a covered person’s health care while the covered person is located at an originating site and the provider is located at a distant site.

SOURCE: CO Revised Statutes 10-16-123(4)(e) (I & II) & Senate Bill 20-212 (2020 Session). (Accessed Feb. 2021).

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Connecticut

Last updated 02/28/2021

“Telehealth” means the mode of delivering health care or other …

“Telehealth” means the mode of delivering health care or other health services via information and communication technologies to facilitate the diagnosis, consultation and treatment, education, care management and self-management of a patient’s physical and mental health, and includes (A) interaction between the patient at the originating site and the telehealth provider at a distant site, and (B) synchronous interactions, asynchronous store-and-forward transfers or remote patient monitoring. Telehealth does not include the use of facsimile, audio-only telephone, texting or electronic mail.”

SOURCE: CT General Statute 19a, Sec. 906(a)(11). (Accessed Feb. 2021).

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Delaware

Last updated 02/28/2021

Group and Blanket Insurance, & Health Insurance Contracts

Also applies

Group and Blanket Insurance, & Health Insurance Contracts

Also applies to:  Physicians, Podiatry, Optometry, Chiropractic, Nursing, Occupational Therapy, Mental Health, Psychology, Dietetic and Nutrition Therapy, Pharmacy, and Clinical Social Work

Telehealth means the use of information and communications technologies consisting of telephone, remote patient monitoring devices or other electronic means which support clinical health care, provider consultation, patient and professional health-related education, public health, health administration, and other services as described in regulation.

SOURCE: Title 18, Sec. 3370; & Title 18, Sec. 3571R; DE Code Title 24, Sec. 1702, Sec. 502, Sec. 701, Sec. 1902, Sec. 2002, Sec. 2101, Sec. 2502, Sec. 3002, Sec. 3502, Sec. 3802 & Sec. 3902. 18 DE Administrative Code 1409. (Accessed Feb. 2021).

“Telemedicine” means a form of telehealth which is the delivery of clinical health-care services by means of real time 2-way audio, visual, or other telecommunications or electronic communications, including the application of secure video conferencing or store and forward transfer technology to provide or support health-care delivery, which facilitate the assessment, diagnosis, consultation, treatment, education, care management and self-management of a patient’s health care by a health-care provider practicing within his or her scope of practice as would be practiced in-person with a patient, and legally allowed to practice in the State,  while such patient is at an originating site and the health-care provider is at a distant site.

SOURCE: 18 DE Administrative Code 1409 (Accessed Feb. 2021).

Board of Dentistry

“Telehealth” means the use of information and communications technologies consisting of telephones, remote patient monitoring devices or other electronic means which support clinical health care, provider consultation, patient and professional health-related education, public health, health administration, and other services as described in regulation.

SOURCE: DE Code Title 24, Sec. 1101.  (Accessed Feb. 2021).

Telehealth is the use of electronic communications to provide and deliver a host of health-related information and health-care services, including dentistry and dental hygiene-related information and services, over large and small distances. Telehealth encompasses a variety of health care and health promotion activities, including education, advice, reminders, interventions, and monitoring of interventions.

SOURCE: DE Code Title 24, Sec. 1100.  (Accessed Feb. 2021).

Group and Blanket Insurance, & Health Insurance Contracts

Telemedicine means a form of telehealth which is the delivery of clinical health care services by means of real time two-way audio, visual or other telecommunications or electronic communications, including the application of secure video conferencing or store-and-forward transfer technology to provide or support healthcare delivery which facilitate the assessment, diagnosis, consultation, treatment, education, care management and self-management of a patient’s health care by a health care provider practicing within his or her scope of practice as would be practiced in-person with a patient, and legally allowed to practice in the state, while such patient is at an originating site and the health care provider is at a distant site.

SOURCE: Title 18, Sec. 3370; & Title 18, Sec. 3571R. (Accessed Feb. 2021).

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District of Columbia

Last updated 02/28/2021

“Telehealth” means the delivery of healthcare services through the use …

“Telehealth” means the delivery of healthcare services through the use of interactive audio, video, or other electronic media used for the purpose of diagnosis, consultation, or treatment; provided, that services delivered through electronic mail messages, or facsimile transmissions are not included.

SOURCE: DC Code Sec. 31-3861.  (Accessed Feb. 2021).

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Florida

Last updated 02/28/2021

“Telehealth” means the use of synchronous or asynchronous telecommunications technology …

“Telehealth” means the use of synchronous or asynchronous telecommunications technology by a telehealth provider to provide health care services, including, but not limited to, assessment, diagnosis, consultation, treatment, and monitoring of a patient; transfer of medical data; patient and professional health-related education; public health services; and health administration. The term does not include audio-only telephone calls, e-mail messages, or facsimile transmissions.

SOURCE: FL Statute 456.47. (Accessed Feb. 2021).

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Georgia

Last updated 02/28/2021

‘Telehealth’ means the use of information and communications technologies, including, …

‘Telehealth’ means the use of information and communications technologies, including, but not limited to, telephones, remote patient monitoring devices or other electronic means which support clinical health care, provider consultation, patient and professional health related education, public health, and health administration.

‘Telemedicine’ means a form of telehealth which is the delivery of clinical health care services by means of real time two-way audio, visual, or other telecommunications or electronic communications, including the application of secure video conferencing or store-and-forward transfer technology to provide or support health care delivery, which facilitate the assessment, diagnosis, consultation, treatment, education, care management, and self-management of a patient’s health care by a health care provider practicing within his or her scope of practice as would be practiced in-person with a patient, and legally allowed to practice in this state, while such patient is at an originating site and the health care provider is at a distant site.

SOURCE: Official Code of GA Annotated Sec. 33-24-56.4. (Accessed Feb. 2021).

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Hawaii

Last updated 02/28/2021

“Telehealth” means the use of telecommunications services, as defined in …

“Telehealth” means the use of telecommunications services, as defined in section 269‑1, to encompass four modalities:  store-and-forward technologies, remote monitoring, live consultation, and mobile health; and which shall include but not be limited to real-time video conferencing-based communication, secure interactive and non‑interactive web-based communication, and secure asynchronous information exchange, to transmit patient medical information, including diagnostic-quality digital images and laboratory results for medical interpretation and diagnosis, for the purpose of delivering enhanced health care services and information while a patient is at an originating site and the health care provider is at a distant site.  Standard telephone contacts, facsimile transmissions, or e-mail text, in combination or by itself, does not constitute a telehealth service for the purposes of this chapter.”

SOURCE: HI Revised Statutes § 431:10A-116.3(g); 432D-23.5(g); & 432:1-601.5(g). (Accessed Feb. 2021).

 

Applies to network adequacy:  

Telehealth means “health care services provided through telecommunications technology by a health care professional who is at a location other than where the covered person is located.”

SOURCE: HI Revised Statutes § 431:26-101. (Accessed Feb. 2021).

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Idaho

Last updated 02/28/2021

No Reference Found

No Reference Found

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Illinois

Last updated 02/28/2021

“Telehealth services” means the delivery of covered health care services …

“Telehealth services” means the delivery of covered health care services by way of an interactive telecommunication system.

SOURCE: IL Insurance Code. Sec. 356z.22. (Accessed Feb. 2021). 

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Indiana

Last updated 02/28/2021

“Telemedicine services” means health care services delivered by use of …

“Telemedicine services” means health care services delivered by use of interactive audio, video, or other electronic media, including:

  • Medical exams and consultations
  • Behavioral health, including substance abuse evaluations and treatment
  • The term does not include delivery of health care services through telephone for transtelephonic monitoring; telephone or any other means of communication for the consultation for one (1) provider to another provider.

SOURCE: IN Code, 27-8-34-5 & 27-13-1-34. (Accessed Feb. 2021).

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Iowa

Last updated 02/28/2021

“Telehealth means the delivery of health care services through the …

“Telehealth means the delivery of health care services through the use of interactive audio and video. Telehealth does not include the delivery of health care services through an audio-only telephone, electronic mail message, or facsimile transmission.”

SOURCE: IA Code 514C.34(1)(c) (Accessed Feb. 2021).

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Kansas

Last updated 02/28/2021

‘‘Telemedicine,’’ including ‘‘telehealth,’’ means the delivery of healthcare services or …

‘‘Telemedicine,’’ including ‘‘telehealth,’’ means the delivery of healthcare services or consultations while the patient is at an originating site and the healthcare provider is at a distant site. Telemedicine shall be provided by means of real-time two-way interactive audio, visual, or audio-visual communications, including the application of secure video conferencing or store-and-forward technology to provide or support healthcare delivery, that facilitate the assessment, diagnosis, consultation, treatment, education and care management of a patient’s healthcare. ‘‘Telemedicine’’ does not include communication between:

    1. Healthcare providers that consist solely of a telephone voice-only conversation, email or facsimile transmission; or
    2. a physician and a patient that consists solely of an email or facsimile transmission.

SOURCE:  KS Statute Ann. § 40-2,211(5).  (Accessed Feb. 2021).

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Kentucky

Last updated 02/28/2021

Telehealth (a) means the delivery of health care-related services by …

Telehealth (a) means the delivery of health care-related services by a health care provider who is licensed in Kentucky to a patient or client through a face-to-face encounter with access to real-time interactive audio and video technology or store-and-forward services that are provided via asynchronous technologies as the standard practice of care where images are sent to a specialist for evaluation. The requirement for a face-to-face encounter shall be satisfied with the use of asynchronous telecommunications technologies in which the health care provider has access to the patient’s or client’s medical history prior to the telehealth encounter; (b) Shall not include the delivery of services through electronic mail, text chat, facsimile, or standard audio-only telephone call; and (c) Shall be delivered over a secure communications connection that complies with HIPAA.

SOURCE: KY Revised Statute Sec. 304.17A-005. (Accessed Feb. 2021).

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Louisiana

Last updated 02/28/2021

Newly Passed Legislation (Effective Now)

“Telemedicine” shall have the same …

Newly Passed Legislation (Effective Now)

“Telemedicine” shall have the same meaning as defined in R.S. 37: 1262 – “Telemedicine is the practice of health care delivery, diagnosis, consultation, treatment, and transfer of medical data using interactive telecommunication technology that enables a health care practitioner and a patient at two locations separated by distance to interact via two-way video and audio transmissions simultaneously. Neither a telephone conversation nor an electronic mail message between a health care practitioner and patient, or a true consultation as may be defined by rules promulgated by the board pursuant to the Administrative Procedure Act, constitutes telemedicine.”

SOURCE: LA Revised Statute Sec. 22: 1841 & Sec. 37: 1262. (HB 530 – 2020 Session). (Accessed Feb. 2021).

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Maine

Last updated 02/28/2021

“Telehealth,” as it pertains to the delivery of health care …

“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 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.

SOURCE: Maine Revised Statutes Annotated, Title 24-A, Sec. 4316. (Accessed Feb. 2021).

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Maryland

Last updated 02/28/2021

Telehealth means, as it relates to the delivery of health …

Telehealth means, as it relates to the delivery of health care services, the use of interactive audio, video or other telecommunications or electronic technology by a licensed health care provider to deliver a health care service within the scope of practice of the health care provider at a location other than the location of the patient.  Telehealth does not include audio-only telephone conversation between a health care provider and a patient; an electronic mail message between a health care provider and a patient; or a facsimile transmission between a healthcare provider and patient.

Telehealth includes the delivery of mental health care services to a patient in the patient’s home setting.

SOURCE: MD Insurance Code 15-139 & HB 1208 & 502. (2020 Session). (Accessed Feb. 2021).

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Massachusetts

Last updated 02/28/2021

“Telehealth”, the use of synchronous or asynchronous audio, video, electronic …

“Telehealth”, the use of synchronous or asynchronous audio, video, electronic media or other telecommunications technology, including, but not limited to: (i) interactive audio-video technology; (ii) remote patient monitoring devices; (iii) audio-only telephone; and (iv) online adaptive interviews, for the purpose of evaluating, diagnosing, consulting, prescribing, treating or monitoring of a patient’s physical health, oral health, mental health or substance use disorder condition.

SOURCE: Massachusetts Senate No. 2984. Section 47, (Accessed Feb. 2021) 

Section repeated in Civil Service, Retirement and Pensions section applying to active or retired employees of the commonwealth; Non-profit hospital service corporations; medical service corporation; health maintenance organizations; preferred provider arrangement

SOURCE: Massachusetts Senate No. 2984. Section 3, 49, 51, 53, 54  (Accessed Jan. 2021)

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Michigan

Last updated 02/28/2021

Newly Amended Definition:

“Telemedicine means the use of an electronic …

Newly Amended Definition:

“Telemedicine means the use of an electronic media to link patients with health care professionals in different locations. To be considered telemedicine, the health care professional must be able to examine the patient via a HIPPA compliant, secure interactive audio or video, or both, telecommunications system, or through the use of store and forward online messaging.”

SOURCE: MI Compiled Law Svcs. Sec. 500.3476(2)(b) & 550.1401k(2) & HB 5412 & HB 5413 (2020 Session). (Accessed Feb. 2021).

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Minnesota

Last updated 02/28/2021

“Telemedicine” means the delivery of health care services or consultations …

“Telemedicine” means the delivery of health care services or consultations while the patient is at an originating site and the licensed health care provider is at a distant site. A communication between licensed health care providers that consists solely of a telephone conversation, e-mail, or facsimile transmission does not constitute telemedicine consultations or services. A communication between a licensed health care provider and a patient that consists solely of an e-mail or facsimile transmission does not constitute telemedicine consultations or services. Telemedicine may be provided by means of real-time two-way, interactive audio and visual communications, including the application of secure video conferencing or store-and-forward technology to provide or support health care delivery, which facilitate the assessment, diagnosis, consultation, treatment, education, and care management of a patient’s health care.

SOURCE:  MN Statute Sec. 62A.671. (Accessed Feb. 2021).

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Mississippi

Last updated 02/28/2021

Telemedicine means the delivery of health care services such as …

Telemedicine means the delivery of health care services such as diagnosis, consultation, or treatment through the use of interactive audio, video or other electronic media.  Telemedicine must be “real-time” consultation, and it does not include the use of audio-only telephone, e-mail or facsimile.

SOURCE: MS Code Sec. 83-9-351. (Accessed Feb. 2021). 

Worker’s Compensation

“Telemedicine is the practice of medicine using electronic communication, information technology or other means between a physician in one location and a patient in another location with or without an intervening health care provider. This definition does not include the practice of medicine through postal or courier services.”

“Synchronous telemedicine service is defined as a real-time interaction between a physician and another qualified health care professional and a patient who is located at a distant site from the physician or other qualified health care professional.”

SOURCE: MS Workers’ Compensation Commission. Workers’ Compensation Medical Fee Schedule. p. 57 & 78 (June 15, 2019). (Accessed Feb. 2021).

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Missouri

Last updated 02/28/2021

“Telehealth” or “telemedicine”, the delivery of health care services by …

“Telehealth” or “telemedicine”, the delivery of health care services by means of information and communication technologies which facilitate the assessment, diagnosis, consultation, treatment, education, care management, and self-management of a patient’s health care while such patient is at the originating site and the health care provider is at the distant site. Telehealth or telemedicine shall also include the use of asynchronous store-and-forward technology.

SOURCE: MO Revised Statute Title XXIV Business and Professions, Sec. 376.1900, which references Sec. Title XII Public Health and Welfare Sec. 208.670 which references Title XII Sec. 191.1145. (Accessed Feb. 2021).

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Montana

Last updated 04/27/2021

Telemedicine means the use of interactive audio, video, or other …

Telemedicine means the use of interactive audio, video, or other telecommunications technology that is:

  • Used by a health care provider or health care facility to deliver health care services at a site other than the site where the patient is located; and
  • Delivered over a secure connection that complies with the requirements of HIPPA.
  • The term includes the use of electronic media for consultation relating to the health care diagnosis or treatment of a patient in real-time or through the use of store-and-forward technology.
  • The term does not include the use of audio-only telephone, e-mail, or facsimile transmissions.

SOURCE: MT Code Annotated Sec. 33-22-138(6)(d). (Accessed Apr. 2021).

New Legislation (Effective Jan. 1, 2022)

Telehealth” means the use of audio, video, or other telecommunications technology or media, including audio-only communication, that is:

  • Used by a health care provider or health care facility to deliver health care services; and
  • delivered over a secure connection that complies with state and federal privacy laws.

The term does not include delivery of health care services by means of facsimile machines or electronic messaging alone. The use of facsimile and electronic message is not precluded if used in conjunction with other audio, video, or telecommunications technology or media.

For physicians providing written certification of a debilitating medical condition pursuant to 50-46-310, the term does not include audio-only communication unless the physician has previously established a physician-patient relationship through an
in-person encounter.”

SOURCE: House Bill 43 (2021 Session), (Accessed Apr. 2021).

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Nebraska

Last updated 02/28/2021

Telehealth means the use of medical information electronically exchanged from …

Telehealth means the use of medical information electronically exchanged from one site to another, whether synchronously or asynchronously, to aid a health care provider in the diagnosis or treatment of a patient. Telehealth includes services originating from a patient’s home or any other location where such patient is located, asynchronous services involving the acquisition and storage of medical information at one site that is then forwarded to or retrieved by a health care provider at another site for medical evaluation, and telemonitoring.

Telemonitoring means the remote monitoring of a patient’s vital signs, biometric data, or subjective data by a monitoring device which transmits such data electronically to a health care provider for analysis and storage.

SOURCE: NE Revised Statutes. Sec. 44-312(1). (Accessed Feb. 2021).

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Nevada

Last updated 02/28/2021

“Telehealth” means the delivery of services from a provider of …

“Telehealth” means the delivery of services from a provider of health care to a patient at a different location through the use of information and audio-visual communication technology, not including standard telephone, facsimile or electronic mail.

SOURCE: NV Revised Statutes Sec. 616C.730.(6)(d) cites: Sec. 629.515(4)(c). (Accessed Feb. 2021).

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New Hampshire

Last updated 02/28/2021

Recently Passed Legislation (Now Effective)

Telemedicine,” as it pertains to …

Recently Passed Legislation (Now Effective)

Telemedicine,” as it pertains to the delivery of health care services, means the use of audio, video, or other electronic media for the purpose of diagnosis, consultation, or treatment. Telemedicine does not include the use of facsimile.

SOURCE: NH Revised Statutes Annotated, 415-J:2, (NH HB 1623, 2020 Session), (Accessed Feb. 2021).

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New Jersey

Last updated 02/28/2021

Telemedicine means the delivery of a health care service using …

Telemedicine means the delivery of a health care service using electronic communications, information technology, or other electronic or technological means to bridge the gap between a health care provider who is located at a distant site and a patient who is located at an originating site, either with or without the assistance of an intervening health care provider.  Telemedicine does not include the use, in isolation, of audio-only telephone conversation, electronic mail, instant messaging, phone text or facsimile transmission.

Telehealth means the use of information and communications technologies, including telephones, remote patient monitoring devices or other electronic means to support clinical health care, provider consultation, patient and professional health related education, public health, health administration and other services.

SOURCE: NJ Statute C.26:2S-29(e) & NJ Statute C.45:1-61. (Accessed Feb. 2021).

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New Mexico

Last updated 02/28/2021

Telemedicine means the use of telecommunications and information technology to …

Telemedicine means the use of telecommunications and information technology to provide clinical health care from a distance. “Telemedicine” allows health care professionals to evaluate, diagnose and treat patients in remote locations using telecommunications and information technology in real time or asynchronously, including the use of interactive simultaneous audio and video or store-and-forward technology, or remote patient monitoring and telecommunications in order to deliver health care services to a site where the patient is located, along with the use of electronic media and health information. “Telemedicine” allows patients in remote locations to access medical expertise without travel.

SOURCE: NM Statute. 59A-22-49.3(L (6)) (Accessed Feb. 2021).

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New York

Last updated 02/28/2021

Telehealth means the use of electronic information and communications technologies …

Telehealth means the use of electronic information and communications technologies by a health care provider to deliver health services to an insured individual while such individual is located at a site that is different from the site where the health care provider is located.

SOURCE: NY Insurance Law Article 32 Section 3217-h & Article 43 Section 4306-g. (Accessed Feb. 2021).

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North Carolina

Last updated 02/28/2021

No Reference Found

No Reference Found

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North Dakota

Last updated 02/28/2021

Telehealth:

  • Means the use of interactive audio, video or other

Telehealth:

  • Means the use of interactive audio, video or other telecommunications technology that is used by a health care provider or health care facility at a distant site to deliver health services at an originating site and that is delivered over a secure connection that complies with the requirements of state and federal laws.
  • Includes the use of electronic media for consultation relating to the health care diagnosis or treatment of a patient in real-time or through the use of store-and-forward technology.
  • Does not include the use of audio-only telephone, electronic mail, or facsimile transmissions.

SOURCE: ND Century Code Sec. 26.1-36-09.15(1)(g). (Accessed Feb. 2021).

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Ohio

Last updated 02/28/2021

“Telemedicine services” means a mode of providing health care services …

“Telemedicine services” means a mode of providing health care services through synchronous or asynchronous information and communication technology by a health care professional, within the professional’s scope of practice, who is located at a site other than the site where the recipient is located.

SOURCE: OH Revised Code Annotated, 3902.30(A)(5). (Accessed Feb. 2021).

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Oklahoma

Last updated 02/28/2021

“Telemedicine means the practice of health care delivery, diagnosis, consultation, …

“Telemedicine means the practice of health care delivery, diagnosis, consultation, treatment, including but not limited to, the treatment and prevention of strokes, transfer of medical data, or exchange of medical education information by means of audio, video, or data communications. Telemedicine is not a consultation provided by telephone or facsimile machine.”

SOURCE: OK Statute, Title 36, Sec. 6802. (Accessed Feb. 2021).

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Oregon

Last updated

Treatment of Diabetes

“Telemedical means delivered through a two-way electronic …

Treatment of Diabetes

“Telemedical means delivered through a two-way electronic communication, including but not limited to video, audio, Voice over Internet Protocol or transmission of telemetry that allows a health professional to interact with a patient, a parent or guardian of a patient or another health professional on a patient’s behalf, who is at an originating site.”

SOURCE: OR Revised Statutes Sec. 743A.185(1)(c). (Accessed Feb. 2021).

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Pennsylvania

Last updated 02/28/2021

No Reference Found

No Reference Found

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Rhode Island

Last updated 02/28/2021

“Telemedicine” means the delivery of clinical health care services by …

“Telemedicine” means the delivery of clinical health care services by means of real time two-way electronic audiovisual communications, including the application of secure video conferencing or store-and-forward technology to provide or support health care delivery, which facilitate the assessment, diagnosis, treatment, and care management of a patient’s health care while such patient is at an originating site and the health care provider is at a distant site, consistent with applicable federal laws and regulations.  Telemedicine does not include an audio-only telephone conversation, email message or facsimile transmission between the provider and patient, or an automated computer program used to diagnose and/or treat ocular or refractive conditions.

SOURCE:  RI General Law, Sec. 27-81-3(12). (Accessed Feb. 2021).

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South Carolina

Last updated 02/28/2021

No Reference Found

No Reference Found

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South Dakota

Last updated 04/29/2021

“Telehealth,” the delivery of health care services through the use …

“Telehealth,” the delivery of health care services through the use of HIPAA-compliant interactive audio-video. The term does not include the delivery of health care services through audio-only telephone, electronic mail message, text message, mail service, facsimile transmission, or any combination thereof.

SOURCE: SD Codified Laws Sec. 58-17-167. (Accessed Apr. 2021).

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Tennessee

Last updated 02/28/2021

Telehealth means the use of real-time interactive audio, video telecommunications …

Telehealth means the use of real-time interactive audio, video telecommunications or electronic technology, or store-and-forward telemedicine services by a healthcare provider to deliver healthcare services to a patient within the scope of practice of the healthcare services provider when such provider is at a qualified site other than the site where the patient is located; and the patient is at a qualified site or at a school clinic staffed by a healthcare services provider and equipped to engage in the telecommunications described in this section or a public elementary or secondary school staffed by a health care services provider and equipped to engage in the telecommunications described in this section and does not include audio only conversation; an electronic mail message or facsimile transmission.

SOURCE: TN Code Annotated, Title 56, Ch. 7, Part 1002(7). (Accessed Feb. 2021).

 “Provider-based telemedicine”: Means the use of Health Insurance Portability and Accessibility Act (HIPAA) (42 U.S.C. § 1320d et seq.) compliant real-time, interactive audio, video telecommunications, or electronic technology, or 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 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;
  • The patient is located at a location the patient deems appropriate to receive the healthcare service that is equipped to engage in the telecommunication described in this section; and
  • 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 sixteen (16) months prior to the interactive visit; and
  • Does not include:
    • An audio-only conversation;
    • An electronic mail message or phone text message;
    • A facsimile transmission;
    • Remote patient monitoring; or
    • Healthcare services provided pursuant to a contractual relationship between a health insurance entity and an entity that facilitates the delivery of provider-based telemedicine as the substantial portion of the entity’s business.

SOURCE: TN Code Annotated, Sec. 56-7-1003 & HB 8002 (2020 Session), (Accessed Feb. 2021). 

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Texas

Last updated 02/28/2021

“Telehealth service” means a health service, other than a telemedicine …

“Telehealth service” means a health service, other than a telemedicine medical service, delivered by a health professional licensed, certified, or otherwise entitled to practice in this state and acting within the scope of the health professional’s license, certification, or entitlement to a patient at a different physical location than the health professional using telecommunications or information technology.

“Telemedicine medical service” means a health care service delivered by a physician licensed in this state, or a health professional acting under the delegation and supervision of a physician licensed in this state, and acting within the scope of the physician’s or health professional’s license to a patient at a different physical location than the physician or health professional using telecommunications or information technology.

SOURCE: TX Insurance Code Sec. 1455.001 (refers to Occupations Code Sec. 111.001). (Accessed Feb. 2021)

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Utah

Last updated 02/28/2021

“Digital health service means the electronic transfer, exchange, or management …

“Digital health service means the electronic transfer, exchange, or management of related data for diagnosis, treatment, consultation, educational, public health, or other related purposes.”

SOURCE: UT Code, 26-9f-102. (Accessed Feb. 2021).

“Telehealth services” means the transmission of health-related services or information through the use of electronic communication or information technology.

“Telemedicine services” means telehealth services including:

  • Clinical care;
  • Health education;
  • Health administration;
  • Home health;
  • Facilitation of self-managed care and caregiver support; or
  • Remote patient monitoring occurring incidentally to general supervision; and

Must be provided by a provider to a patient through a method of communication that:

  • Uses asynchronous store-and-forward transfer; or
  • Uses synchronous interaction; and

Meets industry security and privacy standards, including compliance with:

  • The federal Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat. 1936, as amended; and
  • The federal Health Information Technology for Economic and Clinical Health Act, Pub. L. No. 111-5, 123 Stat. 226, 467, as amended.

SOURCE: Utah Code, 26-60-102. (Accessed Feb. 2021).

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Vermont

Last updated 02/28/2021

“Telemedicine means the delivery of health care services such as …

“Telemedicine means the delivery of health care services such as diagnosis, consultation, or treatment through the use of live interactive audio and video over a secure connection that complies with the requirements of the Health Insurance Portability and Accountability Act (HIPAA) of 1996, Public Law 104.191. Telemedicine does not include the use of audio-only telephone, e-mail, or facsimile.”

SOURCE: VT Statutes Annotated, Title 8 Sec. 4100k(h)(7), (Accessed Feb. 2021).

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Virginia

Last updated 02/28/2021

Telemedicine services means the use of electronic technology or media, …

Telemedicine services means the use of electronic technology or media, including interactive audio or video for the purpose of diagnosing or treating a patient, providing remote patient monitoring services, or consulting with other health care providers regarding a patient’s diagnosis or treatment. ‘Telemedicine services’ does not include an audio-only telephone, electronic mail message, facsimile transmission, or online questionnaire.

SOURCE: VA Code Annotated Sec. 38.2-3418.16 (B). (Accessed Feb. 2021).

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Washington

Last updated 02/28/2021

“Telemedicine” means the delivery of health care services through the …

“Telemedicine” means the delivery of health care services through the use of interactive audio and video technology, permitting real-time communication between the patient at the originating site and the provider, for the purpose of diagnosis, consultation, or treatment. For purposes of this section only, “telemedicine” does not include the use of audio-only telephone, facsimile, or email.

SOURCE: WA Rev. Code Sec. 48.43.735.(8(g)) & Sec. 41.05.700((8(g). (Accessed Feb. 2021).

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West Virginia

Last updated 02/28/2021

Newly Passed Legislation (Now Effective)

“Telehealth services” means the use …

Newly Passed Legislation (Now Effective)

“Telehealth services” means the use of synchronous or asynchronous telecommunications technology by a health care practitioner to provide health care services, including, but not limited to, assessment, diagnosis, consultation, treatment, and monitoring of a patient; transfer of medical data; patient and professional health-related education; public health services; and health administration. The term does not include audio-only telephone calls, e-mail messages, or facsimile transmissions.

SOURCE: WV Statute Sec. 5-16-7b & 33-53-1 (HB 4003 – 2020 session). (Accessed Feb. 2021).

Network Adequacy: “Telemedicine” or “Telehealth” means health care services provided through telecommunications technology by a health care professional who is at a location other than where the covered person is located.

SOURCE: WV Code Sec. 33-53-1 (HB 4061 – 2020 Session), & 33-55-1. (Accessed Feb. 2021).

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Wisconsin

Last updated 02/28/2021

No Reference Found

No Reference Found

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Wyoming

Last updated 02/28/2021

No Reference Found

No Reference Found

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Private Payer

Definitions

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