Connecticut 2024 Regular Session Status: Enacted Bipartisan · 14 D · 12 R cosponsors

HB 5198 — AN ACT CONCERNING TELEHEALTH.

Last action — SIGNED BY GOVERNOR

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 21, 2024. Enacted.

Signed by Governor Ned Lamont (Democratic) on June 04, 2024.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 98% · high confidence

  • Enacted

    Current position in the legislative process.

  • 34 sponsors

    34 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (14 D · 12 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

441 added · 746 removed

441 line(s) added, 746 removed.

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House of Representatives File No.
Substitute House Bill No.
641 General Assembly February Session, 2024Reprint of File No.
5198 Public Act No.
124) Substitute House Bill No.
24-110 AN ACT CONCERNING TELEHEALTH.
5198 As Amended by House Amendment Schedule "A" Approved by the Legislative Commissioner May 1, 2024 AN ACT CONCERNING TELEHEALTH.
(3) "Health record" means the record of individual, health-related information that may include, but need not be limited to, continuity of care documents, discharge summaries and other information or data relating to a patient's demographics, medical history, medication, allergies, immunizations, laboratory test results, radiology or other sHB5198 / File No.
(3) "Health record" means the record of individual, health-related information that may include, but need not be limited to, continuity of care documents, discharge summaries and other information or data relating to a patient's demographics, medical history, medication, allergies, immunizations, laboratory test results, radiology or other diagnostic images, vital signs and statistics.
641 sHB5198 File No.
(4) "Medical history" means information, including, but not limited to, a patient's past illnesses, medications, hospitalizations, family history of illness if known, the name and address of the patient's Substitute House Bill No.
641 diagnostic images, vital signs and statistics.
5198 primary care provider if known and other matters relating to the health condition of the patient at the time of a telehealth interaction.
(4) "Medical history" means information, including, but not limited to, a patient's past illnesses, medications, hospitalizations, family history of illness if known, the name and address of the patient's primary care provider if known and other matters relating to the health condition of the patient at the time of a telehealth interaction.
(11) "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 sHB5198 / File No.
(11) "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 Public Act No.
641 sHB5198 File No.
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641 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.
5198 originating site and the telehealth provider at a distant site, and (B) synchronous interactions, asynchronous store and forward transfers or remote patient monitoring.
(12) "Telehealth provider" means (A) [any physician licensed under chapter 370, physical therapist licensed under chapter 376, chiropractor licensed under chapter 372, naturopath licensed under chapter 373, podiatrist licensed under chapter 375, occupational therapist licensed under chapter 376a, optometrist licensed under chapter 380, registered nurse or advanced practice registered nurse licensed under chapter 378, physician assistant licensed under chapter 370, psychologist licensed under chapter 383, marital and family therapist licensed under chapter 383a, clinical social worker or master social worker licensed under chapter 383b, alcohol and drug counselor licensed under chapter 376b, professional counselor licensed under chapter 383c, dietitian- nutritionist certified under chapter 384b, speech and language pathologist licensed under chapter 399, respiratory care practitioner licensed under chapter 381a, audiologist licensed under chapter 397a, pharmacist licensed under chapter 400j or paramedic licensed pursuant to chapter 384d] any health care provider licensed pursuant to title 20 andanypharmacistlicensedbytheDepartmentofConsumerProtection pursuant to title 20 who is providing health care or other health services through the use of telehealth within such [person's] provider's scope of practice and in accordance with the standard of care applicable to the profession, and (B) [on and after July 1, 2024] on or before June 30, 2025, an appropriately licensed, certified or registered physician, naturopath, registered nurse, advanced practice registered nurse, physician assistant, psychologist, marital and family therapist, clinical social worker, master social worker, alcohol and drug counselor, professional counselor, dietitian-nutritionist, nurse-midwife, behavior analyst, musictherapistorarttherapist,inanotherstateorterritoryoftheUnited States or the District of Columbia, who [(i) provides telehealth services sHB5198 / File No.
(12) "Telehealth provider" means (A) [any physician licensed under chapter 370, physical therapist licensed under chapter 376, chiropractor licensed under chapter 372, naturopath licensed under chapter 373, podiatrist licensed under chapter 375, occupational therapist licensed under chapter 376a, optometrist licensed under chapter 380, registered nurse or advanced practice registered nurse licensed under chapter 378, physician assistant licensed under chapter 370, psychologist licensed under chapter 383, marital and family therapist licensed under chapter 383a, clinical social worker or master social worker licensed under chapter 383b, alcohol and drug counselor licensed under chapter 376b, professional counselor licensed under chapter 383c, dietitian- nutritionist certified under chapter 384b, speech and language pathologist licensed under chapter 399, respiratory care practitioner licensed under chapter 381a, audiologist licensed under chapter 397a, pharmacist licensed under chapter 400j or paramedic licensed pursuant to chapter 384d] any health care provider licensed pursuant to title 20 andanypharmacistlicensedbytheDepartmentofConsumerProtection pursuant to title 20 who is providing health care or other health services through the use of telehealth within such [person's] provider's scope of practice and in accordance with the standard of care applicable to the profession, and (B) [on and after July 1, 2024] on or before June 30, 2025, an appropriately licensed, certified or registered physician, naturopath, registered nurse, advanced practice registered nurse, physician assistant, psychologist, marital and family therapist, clinical social worker, master social worker, alcohol and drug counselor, professional counselor, dietitian-nutritionist, nurse-midwife, behavior analyst, musictherapistorarttherapist,inanotherstateorterritoryoftheUnited States or the District of Columbia, who [(i) provides telehealth services Public Act No.
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641 under any relevant order issued pursuant to section 19a-906a, (ii)] (i) provides mental or behavioral health care through the use of telehealth within such person's scope of practice and in accordance with the standard of care applicable to the profession, [and (iii)] (ii) maintains professional liability insurance, or other indemnity against liability for professional malpractice, in an amount that is equal to or greater than that required for similarly licensed, certified or registered Connecticut mental or behavioral health care providers, (iii) registers with the Department of Public Health, in a form and manner prescribed by the Commissioner of Public Health, as a provider of mental or behavioral health care in the state through the use of telehealth prior to providing telehealth to a patient in the state, and (iv) submits an application to the Department of Public Health for a license, certificate or registration as a mental or behavioral health care provider pursuant to title 20 not later than sixty days after registering with the department pursuant to clause (iii) of this subparagraph and completes the application process for such license, certificate or registration not later than sixty days after submitting such application.
5198 under any relevant order issued pursuant to section 19a-906a, (ii)] (i) provides mental or behavioral health care through the use of telehealth within such person's scope of practice and in accordance with the standard of care applicable to the profession, [and (iii)] (ii) maintains professional liability insurance, or other indemnity against liability for professional malpractice, in an amount that is equal to or greater than that required for similarly licensed, certified or registered Connecticut mental or behavioral health care providers, (iii) registers with the Department of Public Health, in a form and manner prescribed by the Commissioner of Public Health, as a provider of mental or behavioral health care in the state through the use of telehealth prior to providing telehealth to a patient in the state, and (iv) submits an application to the Department of Public Health for a license, certificate or registration as a mental or behavioral health care provider pursuant to title 20 not later than sixty days after registering with the department pursuant to clause (iii) of this subparagraph and completes the application process for such license, certificate or registration not later than sixty days after submitting such application.
(2) At the time of the telehealth provider's first telehealth interaction with a patient, the telehealth provider shall inform the patient sHB5198 / File No.
Public Act No.
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641 concerning the treatment methods and limitations of treatment using a telehealth platform and, after providing the patient with such information, obtain the patient's consent to provide telehealth services.
5198 (2) At the time of the telehealth provider's first telehealth interaction with a patient, the telehealth provider shall inform the patient concerning the treatment methods and limitations of treatment using a telehealth platform and, after providing the patient with such information, obtain the patient's consent to provide telehealth services.
(f) The provision of telehealth services and health records maintained and disclosed as part of a telehealth interaction shall comply with the provisions of the Health Insurance Portability and Accountability Act of sHB5198 / File No.
Public Act No.
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641 1996 P.L.
5198 (f) The provision of telehealth services and health records maintained and disclosed as part of a telehealth interaction shall comply with the provisions of the Health Insurance Portability and Accountability Act of P.L.
For purposesofthissubsection,"healthcare provider" means a person or entity licensed or certified pursuant to chapter 370, 372, 373, 375 [, 376] to 376b, inclusive, 377, 378, 379, 380, 381a, 382, 382a, 383 to [383c]383d,inclusive, 383f,383g, 384b,384d, 397a, 399 or 400j, or licensed or certified pursuant to chapter 368d or 384d.
For purposesofthissubsection,"healthcare provider" means a person or entity licensed or certified pursuant to chapter 370, 372, 373, 375 [, 376] to 376b, inclusive, 377, 378, 379, 380, 381a, 382, 382a, 383 to [383c]383d,inclusive, 383f,383g, 384b,384d, 397a, or 400j, or licensed or certified pursuant to chapter 368d or 384d.
For purposesofthis subsection, "hospital" has the same meaning as provided in section 19a- 490 and "campus" has the same meaning as provided in section 19a- 508c.
For purposesofthis subsection, "hospital" has the same meaning as provided in section 19a- and "campus" has the same meaning as provided in section 19a- 508c.
(i) (1) No telehealth provider shall provide health care or health services to a patient through telehealth unless the telehealth provider (A) has determined whether the patient has health coverage for such health care or health services, and, if the patient has such health coverage, whether the patient elects to either use such health coverage to pay for such health care or health services, in whole or in part, or pay the telehealth provider directly for such health care or health services withoutusing suchcoverage,and(B)priortoproviding suchhealthcare or health services to any patient who elects to pay the telehealth provider in part using such coverage or directly without using such coverage, discloses the cost of such health care or health services to the patient.
(i) (1) No telehealth provider shall provide health care or health services to a patient through telehealth unless the telehealth provider (A) has determined whether the patient has health coverage for such health care or health services, and, if the patient has such health coverage, whether the patient elects to either use such health coverage to pay for such health care or health services, in whole or in part, or pay the telehealth provider directly for such health care or health services Public Act No.
sHB5198 / File No.
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5198 withoutusing suchcoverage,and(B)priortoprovidingsuchhealthcare or health services to any patient who elects to pay the telehealth provider in part using such coverage or directly without using such coverage, discloses the cost of such health care or health services to the patient.
641 (2) Notwithstanding any provision of the general statutes, a telehealth provider who agrees to provide health care or health services to a patient through telehealth shall accept as full payment for such health care or health services:
(2) Notwithstanding any provision of the general statutes, a telehealth provider who agrees to provide health care or health services to a patient through telehealth shall accept as full payment for such health care or health services:
(4) Nothing in this subsection shall be construed to prohibit a patient from paying a telehealth provider directly for health care or health services without seeking coverage from a health carrier for such health care or health services.
Public Act No.
(j) Subject to compliance with all applicable federal requirements, state licensing standards, state telehealth laws or any regulation adopted thereunder, a telehealth provider may provide telehealth sHB5198 / File No.
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5198 (4) Nothing in this subsection shall be construed to prohibit a patient from paying a telehealth provider directly for health care or health services without seeking coverage from a health carrier for such health care or health services.
641 services pursuant to the provisions of this section from any location to a patient in any location.
(j) Subject to compliance with all applicable federal requirements, state licensing standards, state telehealth laws or any regulation adopted thereunder, a telehealth provider may provide telehealth services pursuant to the provisions of this section from any location to a patient in any location.
Notwithstanding any provision of this section, a health care provider who is not licensed, certified or registered as a health care provider by the Department of Public Health pursuant to title 20 shall not provide mental or behavioral health care through telehealth in the state if such provider is on the list of excluded individuals or entities posted in the federal online database maintained by the United States Department of Health and Human Services Office of Inspector General.
Notwithstanding any provision of this section, a health care provider Public Act No.
The commissioner may prohibit a health care provider who is not licensed, certified or registered as a health care provider by the Department of Public Health pursuant to title 20 from registering with the department pursuant to subparagraph (B)(iii) of subdivision (12) of subsection (a) of sHB5198 / File No.
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5198 who is not licensed, certified or registered as a health care provider by the Department of Public Health pursuant to title 20 shall not provide mental or behavioral health care through telehealth in the state if such provider is on the list of excluded individuals or entities posted in the federal online database maintained by the United States Department of Health and Human Services Office of Inspector General.
641 this section or suspend or revoke a provider's registration made pursuant to said subparagraph, if such provider does not meet any of the requirements set forth in this section or act in accordance with the provisions of subdivision (6) of subsection (a) of section 19a-14.
The commissioner may prohibit a health care provider who is not licensed, certified or registered as a health care provider by the Department of Public Health pursuant to title 20 from registering with the department pursuant to subparagraph (B)(iii) of subdivision (12) of subsection (a) of this section or suspend or revoke a provider's registration made pursuant to said subparagraph, if such provider does not meet any of the requirements set forth in this section or act in accordance with the provisions of subdivision (6) of subsection (a) of section 19a-14.
[19a-906, subsection (c) of section 1 of public act 20-2 of the July special session or subsection (c) of section 1 of public act 21-9, as applicable.] Sec.
[19a-906, subsection (c) of section 1 of public act 20-2 of the July special session or subsection (c) of Public Act No.
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5198 section 1 of public act 21-9, as applicable.] Sec.
(1) "Health carrier" has the same meaning as provided in section 38a- 1080 of the general statutes;
(1) "Health carrier" has the same meaning as provided in section 38a- of the general statutes;
and (4)"Telehealthprovider"meansanyphysicianlicensedunderchapter sHB5198 / File No.
and (4)"Telehealthprovider"meansanyphysicianlicensedunderchapter of the general statutes, physical therapist licensed under chapter 376 of the general statutes, chiropractor licensed under chapter 372 of the general statutes, naturopath licensed under chapter 373 of the general statutes, podiatrist licensed under chapter 375 of the general statutes, occupational therapist licensed under chapter 376a of the general statutes, optometrist licensed under chapter 380 of the general statutes, registered nurse or advanced practice registered nurse licensed under chapter 378 of the general statutes, physician assistant licensed under chapter 370 of the general statutes, psychologist licensed under chapter of the general statutes, marital and family therapist licensed under chapter 383a of the general statutes, clinical social worker or master social worker licensed under chapter 383b of the general statutes, alcohol and drug counselor licensed under chapter 376b of the general statutes, professional counselor licensed under chapter 383c of the generalstatutes, dietitian-nutritionist certifiedunder chapter 384bofthe general statutes, speech and language pathologist licensed under chapter 399 of the general statutes, respiratory care practitioner licensed under chapter 381a of the general statutes, audiologist licensed under chapter 397a of the general statutes, pharmacist licensed under chapter 400j of the general statutes or paramedic licensed pursuant to chapter Public Act No.
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641 370 of the general statutes, physical therapist licensed under chapter 376 of the general statutes, chiropractor licensed under chapter 372 of the general statutes, naturopath licensed under chapter 373 of the general statutes, podiatrist licensed under chapter 375 of the general statutes, occupational therapist licensed under chapter 376a of the general statutes, optometrist licensed under chapter 380 of the general statutes, registered nurse or advanced practice registered nurse licensed under chapter 378 of the general statutes, physician assistant licensed under chapter 370 of the general statutes, psychologist licensed under chapter 383 of the general statutes, marital and family therapist licensed under chapter 383a of the general statutes, clinical social worker or master social worker licensed under chapter 383b of the general statutes, alcohol and drug counselor licensed under chapter 376b of the general statutes, professional counselor licensed under chapter 383c of the generalstatutes, dietitian-nutritionist certifiedunder chapter 384bofthe general statutes, speech and language pathologist licensed under chapter 399 of the general statutes, respiratory care practitioner licensed under chapter 381a of the general statutes, audiologist licensed under chapter 397a of the general statutes, pharmacist licensed under chapter 400j of the general statutes or paramedic licensed pursuant to chapter 384d of the general statutes who is providing health care or other health services through the use of telehealth within such person's scope of practice and in accordance with the standard of care applicable to the profession.
5198 384d of the general statutes who is providing health care or other health services through the use of telehealth within such person's scope of practice and in accordance with the standard of care applicable to the profession.
sHB5198 / File No.
(a) As used in this section, (1) "telehealth" has the same meaning as provided in section 19a-906, as amended by this act, and (2) "telehealth provider" means any physician licensed under chapter 370, physical therapist licensed under chapter 376, chiropractor licensed under chapter 372, naturopath licensed under chapter 373, podiatrist licensed under chapter 375, occupational therapist licensed under chapter 376a, optometrist licensed under chapter 380, registered nurse or advanced practice registered nurse licensed under chapter 378, physician assistant licensed under chapter 370, psychologist licensed under chapter 383, marital and family therapist licensed under chapter 383a, clinical social worker or master social worker licensed under chapter 383b, alcohol and drug counselor licensed under chapter 376b, professional counselor licensed under chapter 383c, dietitian-nutritionist certified under chapter 384b, speech and language pathologist licensed under chapter 399, respiratory care practitioner licensed under chapter 381a, audiologist licensed under chapter 397a, pharmacist licensed under chapter 400j or paramedic licensed pursuant to chapter 384d who is providing health care or other health services through the use of Public Act No.
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641 (a) As used in this section, (1) "telehealth" has the same meaning as provided in section 19a-906, as amended by this act, and (2) "telehealth provider" means any physician licensed under chapter 370, physical therapist licensed under chapter 376, chiropractor licensed under chapter 372, naturopath licensed under chapter 373, podiatrist licensed under chapter 375, occupational therapist licensed under chapter 376a, optometrist licensed under chapter 380, registered nurse or advanced practice registered nurse licensed under chapter 378, physician assistant licensed under chapter 370, psychologist licensed under chapter 383, marital and family therapist licensed under chapter 383a, clinical social worker or master social worker licensed under chapter 383b, alcohol and drug counselor licensed under chapter 376b, professional counselor licensed under chapter 383c, dietitian-nutritionist certified under chapter 384b, speech and language pathologist licensed under chapter 399, respiratory care practitioner licensed under chapter 381a, audiologist licensed under chapter 397a, pharmacist licensed under chapter 400j or paramedic licensed pursuant to chapter 384d who is providing health care or other health services through the use of telehealth within such person's scope of practice and in accordance with the standard of care applicable to the profession.
5198 telehealth within such person's scope of practice and in accordance with the standard of care applicable to the profession.
(a) As used in this section, (1) "telehealth" has the same meaning as provided in section 19a-906, as amended by this act, and (2) "telehealth provider" means any physician licensed under chapter 370, physical therapist licensed under chapter 376, chiropractor licensed under chapter 372, naturopath licensed under chapter 373, podiatrist licensed under chapter 375, occupational therapist licensed under chapter 376a, optometrist licensed under chapter 380, registered nurse or advanced practice registered nurse licensed under chapter 378, physician assistant licensed under chapter 370, psychologist licensed under chapter 383, marital and family therapist licensed under chapter 383a, clinical social worker or master social worker licensed under chapter 383b, alcohol sHB5198 / File No.
(a) As used in this section, (1) "telehealth" has the same meaning as provided in section 19a-906, as amended by this act, and (2) "telehealth provider" means any physician licensed under chapter 370, physical therapist licensed under chapter 376, chiropractor licensed under chapter 372, naturopath licensed under chapter 373, podiatrist licensed under chapter 375, occupational therapist licensed under chapter 376a, optometrist licensed under chapter 380, registered nurse or advanced practice registered nurse licensed under chapter 378, physician assistant licensed under chapter 370, psychologist licensed under chapter 383, marital and family therapist licensed under chapter 383a, clinical social worker or master social worker licensed under chapter 383b, alcohol and drug counselor licensed under chapter 376b, professional counselor licensed under chapter 383c, dietitian-nutritionist certified under chapter 384b, speech and language pathologist licensed under chapter 399, respiratory care practitioner licensed under chapter 381a, audiologist licensed under chapter 397a, pharmacist licensed under chapter 400j or paramedic licensed pursuant to chapter 384d who is providing health care or other health services through the use of telehealth within such person's scope of practice and in accordance with the standard of care applicable to the profession.
641 sHB5198 File No.
641 and drug counselor licensed under chapter 376b, professional counselor licensed under chapter 383c, dietitian-nutritionist certified under chapter 384b, speech and language pathologist licensed under chapter 399, respiratory care practitioner licensed under chapter 381a, audiologist licensed under chapter 397a, pharmacist licensed under chapter 400j or paramedic licensed pursuant to chapter 384d who is providing health care or other health services through the use of telehealth within such person's scope of practice and in accordance with the standard of care applicable to the profession.
(a) As used in this section, (1) "telehealth" has the same meaning as provided in section 19a-906, as amended by this act, and (2) "telehealth provider" means any physician licensed under chapter 370, physical therapist licensed under chapter 376, chiropractor licensed under chapter 372, naturopath licensed under chapter 373, podiatrist licensed under chapter 375, occupational therapist licensed under chapter 376a, optometrist licensed under chapter 380, registered nurse or advanced practice registered nurse licensed under chapter 378, physician assistant licensed under chapter 370, psychologist licensed under chapter 383, marital and family therapist licensed under chapter 383a, clinical social worker or master social worker licensed under chapter 383b, alcohol and drug counselor licensed under chapter 376b, professional counselor licensed under chapter 383c, dietitian-nutritionist certified under chapter 384b, speech and language pathologist licensed under chapter 399, respiratory care practitioner licensed under chapter 381a, audiologist licensed under chapter 397a, pharmacist licensed under chapter 400j or paramedic licensed pursuant to chapter 384d who is providing health care or other health services through the use of telehealth within such person's scope of practice and in accordance with the standard of care applicable to the profession.
(a) As used in this section, (1) "telehealth" has the same meaning as provided in section 19a-906, as amended by this act, and (2) "telehealth Public Act No.
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5198 provider" means any physician licensed under chapter 370, physical therapist licensed under chapter 376, chiropractor licensed under chapter 372, naturopath licensed under chapter 373, podiatrist licensed under chapter 375, occupational therapist licensed under chapter 376a, optometrist licensed under chapter 380, registered nurse or advanced practice registered nurse licensed under chapter 378, physician assistant licensed under chapter 370, psychologist licensed under chapter 383, marital and family therapist licensed under chapter 383a, clinical social worker or master social worker licensed under chapter 383b, alcohol and drug counselor licensed under chapter 376b, professional counselor licensed under chapter 383c, dietitian-nutritionist certified under chapter 384b, speech and language pathologist licensed under chapter 399, respiratory care practitioner licensed under chapter 381a, audiologist licensed under chapter 397a, pharmacist licensed under chapter 400j or paramedic licensed pursuant to chapter 384d who is providing health care or other health services through the use of telehealth within such person's scope of practice and in accordance with the standard of care applicable to the profession.
Subsection (a) of section 38a-526a of the general statutes, as sHB5198 / File No.
Subsection (a) of section 38a-526a of the general statutes, as amended by section 40 of public act 22-81, is repealed and the following is substituted in lieu thereof (Effective July 1, 2024):
641 sHB5198 File No.
(a) As used in this section, (1) "telehealth" has the same meaning as provided in section 19a-906, as amended by this act, and (2) "telehealth provider" means any physician licensed under chapter 370, physical therapist licensed under chapter 376, chiropractor licensed under chapter 372, naturopath licensed under chapter 373, podiatrist licensed under chapter 375, occupational therapist licensed under chapter 376a, optometrist licensed under chapter 380, registered nurse or advanced practice registered nurse licensed under chapter 378, physician assistant licensed under chapter 370, psychologist licensed under chapter 383, marital and family therapist licensed under chapter 383a, clinical social Public Act No.
641 amended by section 40 of public act 22-81, is repealed and the following is substituted in lieu thereof (Effective July 1, 2024):
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(a) As used in this section, (1) "telehealth" has the same meaning as provided in section 19a-906, as amended by this act, and (2) "telehealth provider" means any physician licensed under chapter 370, physical therapist licensed under chapter 376, chiropractor licensed under chapter 372, naturopath licensed under chapter 373, podiatrist licensed under chapter 375, occupational therapist licensed under chapter 376a, optometrist licensed under chapter 380, registered nurse or advanced practice registered nurse licensed under chapter 378, physician assistant licensed under chapter 370, psychologist licensed under chapter 383, marital and family therapist licensed under chapter 383a, clinical social worker or master social worker licensed under chapter 383b, alcohol and drug counselor licensed under chapter 376b, professional counselor licensed under chapter 383c, dietitian-nutritionist certified under chapter 384b, speech and language pathologist licensed under chapter 399, respiratory care practitioner licensed under chapter 381a, audiologist licensed under chapter 397a, pharmacist licensed under chapter 400j or paramedic licensed pursuant to chapter 384d who is providing health care or other health services through the use of telehealth within such person's scope of practice and in accordance with the standard of care applicable to the profession.
5198 worker or master social worker licensed under chapter 383b, alcohol and drug counselor licensed under chapter 376b, professional counselor licensed under chapter 383c, dietitian-nutritionist certified under chapter 384b, speech and language pathologist licensed under chapter 399, respiratory care practitioner licensed under chapter 381a, audiologist licensed under chapter 397a, pharmacist licensed under chapter 400j or paramedic licensed pursuant to chapter 384d who is providing health care or other health services through the use of telehealth within such person's scope of practice and in accordance with the standard of care applicable to the profession.
sHB5198 / File No.
(1) The number of such telehealth providers who registered with the department on or after the effective date of this section;
641 sHB5198 File No.
641 (1) The number of such telehealth providers who registered with the department on or after the effective date of this section;
(3) The number of such telehealth providers who receive a license from the department on or after the effective date of this section;
(3) The number of such telehealth providers who receive a license Public Act No.
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5198 from the department on or after the effective date of this section;
(Effective from passage) This act shall take effect as follows and shall amend the following sections:
(Effective from passage) Approved June 4, 2024 Public Act No.
Section 1 from passage 19a-906 Sec.
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2 from passage 21a-249(c)(5) Sec.
3 from passage New section Sec.
4 from passage 38a-499a(a) Sec.
5 July 1, 2024 38a-499a(a) Sec.
6 from passage 38a-526a(a) Sec.
7 July 1, 2024 38a-526a(a) Sec.
8 from passage New section sHB5198 / File No.
641 sHB5198 File No.
641 Sec.
9 from passage Repealer section Sec.
10 from passage Repealer section sHB5198 / File No.
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641 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.
In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.
Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.
OFA Fiscal Note State Impact:
Agency Affected Fund-Effect FY 25 $ FY 26 $ UConn Health Ctr.
Other – Clinical See Below See Below Revenue Impact Social Services, Dept.
GF - See Below See Below See Below Note:
GF=General Fund Municipal Impact:
Municipalities Effect FY 25 $ FY 26 $ Various Municipalities Savings Minimal Minimal Explanation The bill, which makes permanent several requirements related to telehealth, prevents a revenue loss to the University of Connecticut Health Center (UHC).
The bill makes various other changes to audio- only services and precludes savings to fully insured municipalities.
The billallowsUHC tocontinue to charge forandreceive comparable reimbursement for a variety of telehealth services;
these provisions otherwise are scheduled to expire on June 30, 2024.
It is estimated that by the end of FY 24, UHC will have collected approximately $2.8 million in fees associated with a variety of telehealth services.
Additionally, the bill allows, rather than requires, coverage of audio- only services and repeals the requirement that the rate for telehealth services be the same as in person rates.
The fiscal impact to the Department of Social Services (DSS) is dependent on future coverage of audio-only services, the associated Medicaid and HUSKY B rates, and the extent to which coverage of audio-only telehealth services is sHB5198 / File No.
641 sHB5198 File No.
641 permissible under federal law.
The bill may preclude future savings to fully insured municipalities to the extent their plans' coverage would otherwise differ from the coveragerequiredbythebill.Theimpactwouldbereflectedinpremium costs when policies are renewed.
Pursuant to federal law, self-insured plans are exempt from state health mandates.
House "A" made various procedural and technical changes to the bill, and it conforms statute to current practice.
The amendment did not change the fiscal impact contained in the underlying bill.
The Out Years The annualized ongoing fiscal impact identified above would continue into the future subject to various telehealth utilization rates and reimbursement.
sHB5198 / File No.
641 17 sHB5198 File No.
641 OLR Bill Analysis sHB 5198 (as amended by House "A")* AN ACT CONCERNING TELEHEALTH.
SUMMARY Thisbillmakespermanentcertaintemporary expandedrequirements fortelehealthservicedeliveryandinsurancecoverageenactedunderPA 21-9 and PA 22-81 that will sunset under current law on June 30, 2024.
Among other things, these provisions include:
1.
allowing authorized telehealth providers to use audio-only telephone to provide services;
2.
allowing authorized providers to provide telehealth services from any location to patients at any location, subject to applicable state and federal requirements;
3.
prohibiting providers from charging uninsured patients more than the Medicare reimbursement rate for telehealth services;
and 4.
prohibiting health carriers (e.g., insurers and HMOs) from reducing the amount of reimbursement they pay to telehealth providers for covered services appropriately provided through telehealth instead of in-person.
Among other changes, the bill also expands the list of authorized telehealth providers to include all Connecticut licensed health care providers and pharmacists.
Additionally, the bill repeals a provision in current law that permanently allows out-of-state mental or behavioral health services sHB5198 / File No.
641 18 sHB5198 File No.
641 providers to practice telehealth in Connecticut under certain conditions.
It instead temporarily allows them to do so, until June 30, 2025, if they meet certain requirements, such as registering with the Department of Public Health (DPH) and obtaining a Connecticut license within a specified timeframe.
It requires Connecticut providers or entities that engage or contract with these out-of-state providers to verify that they registered with DPH.
The bill also repeals a provision in current law permitting the DPH commissioner to issue an order authorizing out-of-state telehealth providers to practice in Connecticut.
Lastly, the bill makes technical and conforming changes, including repealing corresponding provisions in PA 21-9 and PA 22-81.
It also specifies that existing laws on health insurance coverage of telehealth services remain applicable only to the following licensed health care providers:
APRNs, alcohol and drug counselors, audiologists, certified dietician-nutritionists, chiropractors, clinical and master social workers, marital and family therapists, naturopaths, occupational and physical therapists, optometrists, paramedics, pharmacists, physicians, physician assistants, podiatrists, professional counselors, psychologists, registered nurses, respiratory care practitioners, and speech and language pathologists.
*House Amendment “A” replaces the underlying bill (File 124) and (1)expands thelist of authorizedtelehealthprovidersto includeallstate licensed health care providersandpharmacists;(2)eliminatestheability of all out-of-state providers to permanently practice telehealth in the state, thereby only allowing them to do so if they obtain a Connecticut credential;
(3) allows out-of-state mental or behavioral health providers to practice telehealth in the state temporarily, until June 30, 2025, if they register with DPH and obtain a Connecticut license within specified timeframes;
(4) repeals a provision allowing DPH to issue an order authorizing out-of-state providers to practice telehealth in Connecticut;
(5) requires DPH to report certain information on out-of-state telehealth providers to the Public Health Committee;
and (6) eliminates a sHB5198 / File No.
641 19 sHB5198 File No.
641 provision authorizing the social services commissioner to cover Connecticut Medical Assistance Program services via telehealth (existing law already allows this).
EFFECTIVE DATE:
Upon passage, except that conforming changes to two insurance provisions take effect July 1, 2024 (§§ 5 & 7).
TELEHEALTH PROVIDERS Authorized Telehealth Providers The bill expands the list of authorized telehealth providers to include all Connecticut-licensed health care providers and pharmacists.
Current law allows the following licensed health care providers to provide health care services using telehealth:
APRNs, alcohol and drug counselors, audiologists, certified dietician-nutritionists, chiropractors, clinical and master social workers, marital and family therapists, naturopaths, occupational and physical therapists, optometrists, paramedics, pharmacists, physicians, physician assistants, podiatrists, professional counselors, psychologists, registered nurses, respiratory care practitioners, and speech and language pathologists.
(Art therapists, athletic trainers, behavior analysts, dentists, genetic counselors, music therapists, nurse midwives, and occupational and physical therapist assistants may also do so temporarily, until June 30, 2024.) Under current law, unchanged by the bill, authorized telehealth providers must provide telehealth services within their profession’s scope of practice and standard of care.
Out-of-State Mental and Behavioral Health Providers Temporary Authorization.
PA 22-81 permanently allows out-of- state behavioral or mental health providers to practice telehealth in the state without a Connecticut license under certain conditions.
The bill instead temporarily allows them to do so, until June 30, 2025, if the provider:
1.
is appropriately licensed, certified, or registered in another U.S.
sHB5198 / File No.
641 20 sHB5198 File No.
641 state or territory or the District of Columbia as a physician, naturopath, registered nurse, APRN, physician assistant, psychologist, marital and family therapist, clinical or master social worker, alcohol and drug counselor, professional counselor, dietician-nutritionist, nurse-midwife, behavior analyst, or music or art therapist;
2.
has professional liability insurance or other indemnity against professional malpractice liability in an amount at least equal to that required for Connecticut health providers;
3.
provides mental or behavioral health care services through telehealth within his or her scope of practice and in accordance with applicable professional standards of care;
and 4.
registers with DPH before providing telehealth services to patients in Connecticut (see below).
It also eliminates the requirement under PA 21-9 and PA 22-81 that an out-of-state provider be authorized to practice telehealth under any relevant order issued by DPH.
DPH Registration.Thebillrequiresout-of-statementalorbehavioral telehealth providers to register with DPH, as the commissioner prescribes, before providing telehealth to patients in Connecticut.
They must also apply to DPH for a Connecticut license, certificate, or registration within 60 days after registering as a telehealth provider and complete the credentialing application process within 60 days after submitting the application.
The department must then issue a decision on the application within 45 days after the provider completes the application process.
Additionally, the bill requires any Connecticut entity, institution, or provider who engages or contracts with an out-of-state telehealth provider who is not also credentialed in Connecticut to verify that the provider registered with DPH as described above.
It also requires the department to:
sHB5198 / File No.
641 21 sHB5198 File No.
641 1.
verify the provider’s credentials to ensure the provider is certified, licensed, or registered and in good standing in his or her home jurisdiction and 2.
confirm the telehealth provider has professional liability insurance or other indemnity against professional malpractice liability in an amount at least equal to that required for Connecticut health providers.
Excluded Providers.
Regardless of the above requirements, the bill prohibitsa mentalor behavioralhealthprovider who isnot credentialed in Connecticut from providing telehealth services in the state if the provider is on the federal Department of Health and Human Services’ list of people excluded from participating in federally funded health programs, such as Medicare and Medicaid (i.e., “List of Excluded Individuals/Entities”).
If the provider does not comply with the bill’s requirements or state health provider licensure laws, it also allows DPH to (1) prohibit a mental or behavioral health provider who is not credentialed in Connecticut from registering with the department as a telehealth provider, or (2) suspend or revoke an existing registration.
Provider Data.
The bill requires DPH to collect the following data on out-of-state providers:
1.
the number of mental or behavioral health providers who (a) registered with DPH as telehealth providers, (b) applied for a Connecticut license, and (c) received a license through the process described above and 2.
the number of out-of-state health care providers who apply for a Connecticut license.
Under thebill, DPH must report thisinformationto thePublic Health Committee by January 1, 2025, and again by July 1, 2025.
SERVICE DELIVERY sHB5198 / File No.
641 22 sHB5198 File No.
641 Audio-Only Telephone The bill allows authorized telehealth providers to provide telehealth services via audio-only telephone.
Under the bill and existing law, “telehealth” excludes fax, texting, and email.
It includes:
1.
interaction between a patient at an originating site and the telehealth provider at a distant site and 2.
synchronous (real-time) interactions, asynchronous store and forward transfers (transmitting medical information from the patient to the telehealth provider for review at a later time), or remote patient monitoring.
Location The bill allows telehealth providers to provide telehealth services from any location to patients in any location subject to compliance with applicable federal requirements, state licensing standards, state telehealth laws, or related regulations.
PAYMENT FOR UNINSURED AND UNDERINSURED PATIENTS The bill requires a telehealth provider, before providing services, to determine whether the patient (1) has health insurance coverage for any of the services to be provided, and (2) if so, plans to use the coverage to pay for all or part of the services or will pay for them directly (self-pay).
The provider must disclose the cost of the services to patients who choose to pay for them in part with health insurance coverage or directly.
Under the bill, the provider who agrees to provide telehealth services must accept the following as payment in full:
1.
for patients who do not have health insurance coverage for telehealth services, an amount equal to the Medicare reimbursement rate for those services;
2.
for patients with health insurance coverage, the amount the carrier reimburses for telehealth services and any cost sharing sHB5198 / File No.
641 23 sHB5198 File No.
641 (e.g., copay, coinsurance, deductible) or other out-of-pocket expense imposed by the health plan, unless the patient elects not to use this coverage, in which case the provider and patient may mutually agree to a different amount;
or 3.
an amount mutually agreed to by the patient and provider.
Under the bill, a telehealth provider who determines that a patient is unable to pay for telehealth services must offer the patient financial assistance to the extent required under federal or state law.
The bill expressly provides that its requirements do not prohibit a patient from paying a telehealth provider directly for services without seeking health insurance coverage for them.
COMMITTEE ACTION Public Health Committee Joint Favorable Substitute Yea 37 Nay 0 (03/11/2024) sHB5198 / File No.
641 24
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Action History

  1. SIGNED BY GOVERNOR

  2. TRANSMITTED BY SECRETARY OF THE STATE TO GOVERNOR

  3. TRANSMITTED TO SECRETARY OF THE STATE

  4. PUBLIC ACT 24-110

  5. ON CONSENT CALENDAR /IN CONCURRENCE

  6. SEN. PASSED, HO. AMEND. SCH. A

  7. SEN. ADOPTED HO. AMEND. SCH. A

  8. FILE NO. 641

  9. SENATE CALENDAR NUMBER 395

  10. FAV. RPT., TAB. FOR CAL., SEN.

  11. HOUSE PASSED, HOUSE AMEND. SCH. A

  12. HOUSE ADOPTED HOUSE AMEND. SCH. A

  13. FILE NO. 124

  14. HOUSE CALENDAR NUMBER 110

  15. FAV. RPT., TABLED FOR HOUSE CALENDAR

  16. RPTD. OUT OF LCO

  17. REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 03/25/24

  18. FILED WITH LCO

  19. Joint Favorable Substitute

  20. PUBLIC HEARING 0226

  21. REF. TO JOINT COMM. ON Public Health

Sponsors

Sponsorship breakdown

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34 sponsors · 0 co-sponsors · 153 not signed on · 4 voted No

Sponsors (34)

Co-sponsors (0)

None.

Not signed on (153)

153 members have not signed on to this bill.

Show all 153 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Votes

Senate Roll Call Vote

Passed 36 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 23000
Unaffiliated 3000
Republican 10000
Total 36000
% of votes cast 100%0%0%0%
How each member voted (36)
Member Party Vote
Kevin C. Kelly — Yea
Lisa Seminara — Yea
Marilyn Moore — Yea
Bob Duff Democratic Yea
Catherine A. Osten Democratic Yea
Ceci Maher Democratic Yea
Christine Cohen Democratic Yea
Derek Slap Democratic Yea
Douglas McCrory Democratic Yea
Gary A. Winfield Democratic Yea
Herron Gaston Democratic Yea
James J. Maroney Democratic Yea
Jan Hochadel Democratic Yea
Joan V. Hartley Democratic Yea
John W. Fonfara Democratic Yea
Jorge Cabrera Democratic Yea
Julie Kushner Democratic Yea
MD Rahman Democratic Yea
Mae Flexer Democratic Yea
Martha Marx Democratic Yea
Martin M. Looney Democratic Yea
Matthew L. Lesser Democratic Yea
Norman Needleman Democratic Yea
Patricia Billie Miller Democratic Yea
Rick Lopes Democratic Yea
Saud Anwar Democratic Yea
Eric C. Berthel Republican Yea
Heather S. Somers Republican Yea
Henri Martin Republican Yea
Jeff Gordon Republican Yea
John A. Kissel Republican Yea
Paul Cicarella Republican Yea
Rob Sampson Republican Yea
Ryan Fazio Republican Yea
Stephen G. Harding Republican Yea
Tony Hwang Republican Yea

Official roll call →

House Roll Call Vote

Passed 141 Yea · 6 Nay · 4 Other
Party YeaNayPresentNot Voting
Democratic 79002
Republican 40400
Unaffiliated 22202
Total 141604
% of votes cast 93%4%0%3%
How each member voted (151)
Member Party Vote
Arnone — Yea
Khanna — Yea
Michel — Yea
Conley — Yea
Chaleski — Yea
Currey — Yea
Cheeseman — Yea
D'agostino — Yea
Cooley — Yea
Dancho — Nay
Palm — Yea
Denning — Not Voting
Porter — Yea
Ferraro — Yea
Cook — Yea
Ryan — Yea
Harrison — Nay
Figueroa — Yea
Hayes — Yea
Labriola — Not Voting
Tercyak — Yea
Sanchez, R. — Yea
Mccarthy Vahey — Yea
Mccarty, K. — Yea
Morrin Bello — Yea
Sanchez, J. — Yea
Aimee Berger-Girvalo Democratic Yea
Alphonse Paolillo Democratic Yea
Andre F. Baker Democratic Yea
Anne M. Hughes Democratic Yea
Anthony L. Nolan Democratic Yea
Antonio Felipe Democratic Yea
Aundre Bumgardner Democratic Yea
Bob Godfrey Democratic Yea
Bobby G. Gibson Democratic Yea
Brandon Chafee Democratic Yea
Christopher Poulos Democratic Yea
Christopher Rosario Democratic Yea
Corey P. Paris Democratic Not Voting
Derell Wilson Democratic Yea
Dominique Johnson Democratic Yea
Eleni Kavros DeGraw Democratic Yea
Emmanuel Sanchez Democratic Yea
Farley Santos Democratic Yea
Frank Smith Democratic Not Voting
Fred Gee Democratic Yea
Gary A. Turco Democratic Yea
Geoff Luxenberg Democratic Yea
Geraldo C. Reyes Democratic Yea
Gregory Haddad Democratic Yea
Hector Arzeno Democratic Yea
Henry J. Genga Democratic Yea
Hilda E. Santiago Democratic Yea
Hubert D. Delany Democratic Yea
Jaime S. Foster Democratic Yea
Jane M. Garibay Democratic Yea
Jason Doucette Democratic Yea
Jason Rojas Democratic Yea
Jennifer Leeper Democratic Yea
Jill Barry Democratic Yea
Jillian Gilchrest Democratic Yea
John-Michael Parker Democratic Yea
Jonathan Fazzino Democratic Yea
Jonathan Steinberg Democratic Yea
Joseph P. Gresko Democratic Yea
Josh Elliott Democratic Yea
Joshua M. Hall Democratic Yea
Juan R. Candelaria Democratic Yea
Julio A. Concepcion Democratic Yea
Kadeem Roberts Democratic Yea
Kai J. Belton Democratic Yea
Kara Rochelle Democratic Yea
Kate Farrar Democratic Yea
Kerry S. Wood Democratic Yea
Kevin Brown Democratic Yea
Larry B. Butler Democratic Yea
Liz Linehan Democratic Yea
Lucy Dathan Democratic Yea
Marcus Brown Democratic Yea
Maria P. Horn Democratic Yea
Mary Fortier Democratic Yea
Mary M. Mushinsky Democratic Yea
Mary Welander Democratic Yea
Maryam Khan Democratic Yea
Matt Blumenthal Democratic Yea
Matthew Ritter Democratic Yea
Melissa Osborne Democratic Yea
Michael D. Quinn Democratic Yea
Michael DiGiovancarlo Democratic Yea
Mike Demicco Democratic Yea
Minnie Gonzalez Democratic Yea
Moira Rader Democratic Yea
Patricia A. Dillon Democratic Yea
Patrick S. Boyd Democratic Yea
Raghib Allie-Brennan Democratic Yea
Robin E. Comey Democratic Yea
Roland J. Lemar Democratic Yea
Ronald A. Napoli Democratic Yea
Sarah Keitt Democratic Yea
Stephen R. Meskers Democratic Yea
Steven J. Stafstrom Democratic Yea
Susan M. Johnson Democratic Yea
Tammy R. Exum Democratic Yea
Toni E. Walker Democratic Yea
Travis Simms Democratic Yea
Trenee McGee Democratic Yea
William Heffernan Democratic Yea
Anne Dauphinais Republican Yea
Ben McGorty Republican Yea
Bill Buckbee Republican Yea
Brian Lanoue Republican Yea
Cara Christine Pavalock-D'Amato Republican Nay
Carol Hall Republican Yea
Chris Aniskovich Republican Yea
Christie M. Carpino Republican Yea
Craig C. Fishbein Republican Yea
Dave W. Yaccarino Republican Yea
David Rutigliano Republican Yea
Devin R. Carney Republican Yea
Donna Veach Republican Yea
Doug Dubitsky Republican Yea
Gale L. Mastrofrancesco Republican Yea
Greg S. Howard Republican Yea
Irene M. Haines Republican Yea
Jason Perillo Republican Yea
Jay M. Case Republican Yea
Joe Hoxha Republican Yea
Joe Polletta Republican Yea
John E. Piscopo Republican Nay
Joseph H. Zullo Republican Yea
Karen Reddington-Hughes Republican Yea
Kathy Kennedy Republican Yea
Kurt Vail Republican Nay
Lezlye Zupkus Republican Yea
Mark DeCaprio Republican Yea
Mark W. Anderson Republican Yea
Martin Foncello Republican Yea
Mitch Bolinsky Republican Yea
Nicole Klarides-Ditria Republican Yea
Patrick E. Callahan Republican Yea
Seth Bronko Republican Yea
Steve Weir Republican Yea
Tami Zawistowski Republican Yea
Tammy Nuccio Republican Nay
Tim Ackert Republican Yea
Tom Delnicki Republican Yea
Tom O'Dea Republican Yea
Tony J. Scott Republican Yea
Tracy Marra Republican Yea
Vincent J. Candelora Republican Yea
William Pizzuto Republican Yea

Official roll call →

Subjects

healthcare technology
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Frequently asked questions

Who sponsors HB 5198?
HB 5198 is sponsored by Craig C. Fishbein (Republican), Saud Anwar (Democratic), Travis Simms (Democratic), Liz Linehan (Democratic), Jeff Gordon (Republican), Nicole Klarides-Ditria (Republican), Jaime S. Foster (Democratic), David Michel, Mitch Bolinsky (Republican), Patricia A. Dillon (Democratic), Holly H. Cheeseman, Tom Delnicki (Republican), Farley Santos (Democratic), Christine Conley, Jonathan Steinberg (Democratic), William Pizzuto (Republican), Rachel Chaleski, Hilda E. Santiago (Democratic), Anabel D. Figueroa, Henry J. Genga (Democratic), Ryan Fazio (Republican), Jorge Cabrera (Democratic), Tony Hwang (Republican), Kathy Kennedy (Republican), Martin Foncello (Republican), Robin E. Comey (Democratic), Rob Sampson (Republican), Tracy Marra (Republican), Patricia Billie Miller (Democratic), Matt Blumenthal (Democratic), Mccarty, K., Lisa Seminara, Kevin C. Kelly, and Gary A. Turco (Democratic).
What is the current status of HB 5198?
This bill has been enacted into law. Introduced February 21, 2024. Enacted.
Where can I track HB 5198?
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