Connecticut 2021 Regular Session Status: Enacted Bipartisan · 12 D · 2 R cosponsors

HB 5596 — AN ACT CONCERNING TELEHEALTH.

Last action — TRANSMITTED TO SECRETARY OF THE STATE

  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 January 26, 2021. Enacted.

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 78% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 18 sponsors

    18 primary, 0 co-sponsors signed on.

  • Bipartisan support

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

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

607 added · 47 removed

607 line(s) added, 47 removed.

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House of Representatives General Assembly File No.
House Bill No.
256 January Session, 2021 House Bill No.
5596 Public Act No.
5596 House of Representatives, April 6, 2021 The Committee on Public Health reported through REP.
21-9 AN ACT CONCERNING TELEHEALTH.
STEINBERG of the 136th Dist., Chairperson of the Committee on the part of the House, that the bill ought to pass.
AN ACT CONCERNING TELEHEALTH.
(Effective from passage) The Department of Public Health shall study the benefits and implications of expanding the provision of telehealth services in the state.
(Effective from passage) (a) As used in this section:
Not later than January 1, 2022, the Commissioner of Public Health shall report, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to public health regarding the findings of such study.
(1) "Asynchronous" has the same meaning asprovidedin section 19a- of the general statutes.
This act shall take effect as follows and shall amend the following sections:
(2) "Connecticut medical assistance program" means the state's Medicaid program and the Children's Health Insurance program administered by the Department of Social Services.
Section 1 from passage New section PH Joint Favorable HB5596 / File No.
(3) "Facility fee" has the same meaning as provided in section 19a- 508c of the general statutes.
256 1 HB5596 File No.
(4) "Health record" has the same meaning as provided in section 19a- of the general statutes.
256 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.
(5) "Medical history" has the same meaning as provided in section 19a-906 of the general statutes.
In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.
(6) "Medication-assisted treatment" has the same meaning as provided in section 19a-906 of the general statutes.
Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.
(7) "Originating site" has the same meaning as provided in section House Bill No.
OFA Fiscal Note State Impact:
5596 19a-906 of the general statutes.
None Municipal Impact:
(8) "Peripheral devices" has the same meaning as provided in section 19a-906 of the general statutes.
None Explanation The bill, which requires the Department of Public Health to study expanding the provision of telehealth services in the state by 1/1/22, is not anticipated to result in a fiscal impact to the state or municipalities.
(9) "Remote patient monitoring" has the same meaning as provided in section 19a-906 of the general statutes.
The Out Years State Impact:
(10) "Store and forward transfer" has the same meaning as provided in section 19a-906 of the general statutes.
None Municipal Impact:
(11) "Synchronous" has the same meaning as provided in section 19a- of the general statutes.
None HB5596 / File No.
(12) "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, oral and mental health, and includes interaction between the patient at the originatingsiteandthetelehealthprovideratadistantsite,synchronous interactions, asynchronous store and forward transfers or remote patient monitoring, but does not include interaction through (A) facsimile, texting or electronic mail, or (B) audio-only telephone unless the telehealth provider is (i) in-network, or (ii) a provider enrolled in the Connecticut medical assistance program providing such health care or other health services to a Connecticut medical assistance program recipient.
256 2 HB5596 File No.
(13) "Telehealth provider" means any person who is (A) an in- network provider or a provider enrolled in the Connecticut medical assistance program providing health care or other health services to a Connecticut medical assistance program recipient through the use of telehealth within such person's scope of practice and in accordance with the standard of care applicable to such person's profession, and (B) (i) a physician or physician assistant licensed under chapter 370 of the Public Act No.
256 OLR Bill Analysis HB 5596 AN ACT CONCERNING TELEHEALTH.
21-9 2 of 20 House Bill No.
SUMMARY The Office of Legislative Research does not analyze Special Acts.
5596 general statutes, physical therapist or physical therapist assistant licensed under chapter 376 of the general statutes, chiropractor licensed under chapter 372 of the general statutes, naturopath licensed under chapter 373 ofthegeneral statutes, podiatrist licensed under chapter 375 of the general statutes, occupational therapist or occupational therapy assistant licensed under chapter376aofthegeneralstatutes,optometrist licensed under chapter 380 of the general statutes, registered nurse or advanced practice registered nurse licensed under chapter 378 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 general statutes, dietitian- nutritionist certified under chapter 384b of the 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, paramedic licensed pursuant to chapter 384d of the general statutes, nurse-midwife licensed under chapter 377 of the general statutes, dentist licensed under chapter 379 of the general statutes, behavior analyst licensed under chapter 382a of the general statutes, genetic counselor licensed under chapter 383d of the general statutes, music therapist certified in the manner described in chapter 383f of the general statutes, art therapist certified in the manner described in chapter 383g of the general statutes or athletic trainer licensed under chapter 375a of the general statutes, or (ii) an appropriately licensed, certified or registered physician, physician assistant, physical therapist, physical therapist assistant, chiropractor, naturopath, podiatrist, occupational therapist, occupational therapy assistant, optometrist, registered nurse, advanced practice registered nurse, psychologist, marital and family therapist, clinical social worker, master social worker, alcohol and drug Public Act No.
COMMITTEE ACTION Public Health Committee Joint Favorable Yea 33 Nay 0 (03/19/2021) HB5596 / File No.
21-9 3 of 20 House Bill No.
256 3
5596 counselor, professional counselor, dietitian-nutritionist, speech and language pathologist, respiratory care practitioner, audiologist, pharmacist, paramedic, nurse-midwife, dentist, behavior analyst, genetic counselor, music therapist, art therapist or athletic trainer, in another state orterritory oftheUnitedStatesor theDistrictofColumbia, that provides telehealth services pursuant to his or her authority under any relevant order issued by the Commissioner of Public Health and 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 health care providers.
(b) (1) Notwithstanding the provisions of section 19a-906 of the general statutes, during the period beginning on the effective date of this section and ending on June 30, 2023, a telehealth provider may only provide a telehealth service to a patient when the telehealth provider:
(A) Is communicating through real-time, interactive, two-way communication technology or store and forward transfer technology;
(B) Has determined whether the patient has health coverage that is fully insured, not fully insured or provided through Medicaid or the Children's Health Insurance Program, and whether the patient's health coverage, if any, provides coverage for the telehealth service;
(C) Has access to, or knowledge of, the patient's medical history, as provided by the patient, and the patient's health record, including the name and address of the patient's primary care provider, if any;
(D) Conforms to the standard of care applicable to the telehealth provider's profession and expected for in-person care as appropriate to the patient's age and presenting condition, except when the standard of care requires the use of diagnostic testing and performance of a physical examination, such testing or examination may be carried out through Public Act No.
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5596 the use of peripheral devices appropriate to the patient's condition;
and (E) Provides the patient with the telehealth provider's license number, if any, and contact information.
(2) Notwithstanding the provisions of section 19a-906 of the general statutes,ifa telehealthprovider providesatelehealthservice to apatient during the period beginning on the effective date of this section and ending on June 30, 2023, the telehealth provider shall, at the time of the telehealth provider's first telehealth interaction with a patient, inform the patient concerning the treatment methods and limitations of treatment using a telehealth platform, including, but not limited to, the limited duration of the relevant provisions of this section and sections 3 to 7, inclusive, of this act, and, after providing the patient with such information, obtain the patient's consent to provide telehealth services.
The telehealth provider shall document such notice and consent in the patient's health record.
If a patient later revokes such consent, the telehealth provider shall document the revocation in the patient's health record.
(c) Notwithstanding the provisions of this section or title 20 of the general statutes, no telehealth provider shall, during the period beginning on the effective date of this section and ending on June 30, 2023, prescribe any schedule I, II or III controlled substance through the use of telehealth, except a schedule II or III controlled substance other than an opioid drug, as defined in section 20-14o of the general statutes, in a manner fully consistent with the Ryan Haight Online Pharmacy Consumer ProtectionAct, 21 USC 829(e), as amended from time to time, for the treatment of a person with a psychiatric disability or substance use disorder, as defined in section 17a-458 of the general statutes, including, but not limited to, medication-assisted treatment.
A telehealth provider using telehealth to prescribe a schedule II or III controlled substance pursuant to this subsection shall electronically submit the prescription pursuant to section 21a-249 of the general Public Act No.
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5596 statutes, as amended by this act.
(d) During the period beginning on the effective date of this section and ending on June 30, 2023, each telehealth provider shall, at the time of the initial telehealth interaction, ask the patient whether the patient consents to the telehealth provider's disclosure of records concerning the telehealth interaction to the patient's primary care provider.
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If the patientconsentstosuchdisclosure,thetelehealthprovidershallprovide records of all telehealth interactions during such period to the patient's primary care provider, in a timely manner, in accordance with the provisions of sections 20-7b to 20-7e, inclusive, of the general statutes.
(e) During the period beginning on the effective date of this section and ending on June 30, 2023, any consent or revocation of consent under this section shall be obtained from or communicated by the patient, or the patient's legal guardian, conservator or other authorized representative, as applicable.
(f) (1) The provision of telehealth services and health records maintained anddisclosed aspart ofatelehealthinteractionshallcomply with all provisions of the Health Insurance Portability and Accountability Act of 1996 P.L.
104-191, as amended from time to time, and the rules and regulations adopted thereunder, that are applicable to such provision, maintenance or disclosure.
(2) Notwithstanding the provisions of section 19a-906 of the general statutes and subdivision (1) of this subsection, a telehealth provider that is an in-network provider or a provider enrolled in the Connecticut medical assistance program that provides telehealth services to a Connecticut medical assistance program recipient, may, during the periodbeginning ontheeffective date ofthissectionandending onJune 30, 2023, use any information or communication technology in accordance with the directions, modifications or revisions, if any, made by the Office for Civil Rights of the United States Department of Health Public Act No.
21-9 6 of 20 House Bill No.
5596 and Human Services to the provisions of the Health Insurance Portability and Accountability Act of 1996 P.L.
104-191, as amended from time to time, or the rules and regulations adopted thereunder.
(g) Notwithstanding any provision of the general statutes, nothing in this section shall, during the period beginning on the effective date of this section and ending on June 30, 2023, prohibit a health care provider from:
(1) Providing on-call coverage pursuant to an agreement with another health care provider or such health care provider's professional entity or employer;
(2) consulting with another health care provider concerning a patient's care;
(3) ordering care for hospital outpatients or inpatients;
or (4) using telehealth for a hospital inpatient, including for the purpose of ordering medication or treatment for such patient in accordance with the Ryan Haight Online Pharmacy Consumer Protection Act, 21 USC 829(e), as amended from time to time.
As used in this subsection, "health care provider" means a person or entity licensed or certified pursuant to chapter 370, 372, 373, 375, 376 to 376b, inclusive, 378, 379, 380, 381a, 383 to 383c, inclusive, 384b, 397a, 399 or 400j of the general statutes or licensed or certified pursuant to chapter 368d or 384d of the general statutes.
(h) Notwithstanding any provision of the general statutes, no telehealth provider shall charge a facility fee for a telehealth service provided during the period beginning on the effective date of this section and ending on June 30, 2023.
(i) (1) Notwithstanding any provision of the general statutes, no telehealth provider shall provide health care or health services to a patient through telehealth during the period beginning on the effective date of this section and ending on June 30, 2023, unless the telehealth provider has determined whether or not the patient has health coverage for such health care or health services.
(2) Notwithstanding any provision of the general statutes, a Public Act No.
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5596 telehealth provider who provides health care or health services to a patient through telehealth during the period beginning on the effective date of this section and ending on June 30, 2023, shall:
(A) Accept as full payment for such health care or health services:
(i) An amount that is equal to the amount that Medicare reimburses for such health care or health services if the telehealth provider determines that the patient does not have health coverage for such health care or health services;
or (ii) The amount that the patient's health coverage reimburses, and any coinsurance, copayment, deductible or other out-of-pocket expense imposed by the patient's health coverage, for such health care or health services if the telehealth provider determines that the patient has health coverage for such health care or health services.
(3) If a telehealth provider determines that a patient is unable to pay for any health care or health services described in subdivisions (1) and (2) of this subsection, the provider shall offer to the patient financial assistance, if such provider is otherwise required to offer to the patient such financial assistance, under any applicable state or federal law.
(j) Notwithstanding any provision of the general statutes or any regulation adopted thereunder, a telehealth provider may provide telehealth services pursuant to the provisions of this section from any location.
(k) Notwithstanding the provisions of section 19a-906 of the general statutes, during theperiod beginning onthe effective date of this section and ending on June 30, 2023, any Connecticut entity, institution or health care provider that engagesor contractswithatelehealth provider that is licensed, certified or registered in another state or territory of the United States or the District of Columbia to provide health care or other health services shall verify the credentials of such provider in the state Public Act No.
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5596 in which he or she is licensed, certified or registered, ensure that such a provider is in good standing in such state, and confirm that such provider 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 health care providers.
(l) Notwithstanding sections 4-168 to 4-174, inclusive, of the general statutes, from the period beginning on the effective date of this section and ending on June 30, 2023, the Commissioner of Public Health may temporarily waive, modify or suspend any regulatory requirements adopted by the Commissioner of Public Health or any boards or commissions under chapters 368a, 368d, 368v, 369 to 381a, inclusive, 382a, 383 to 388, inclusive, 397a, 398, 399, 400a, 400c, 400j and 474 of the general statutes as the Commissioner of Public Health deems necessary to reduce the spread of COVID-19 and to protect the public health for the purpose of providing residents of this state with telehealth services from out-of-state practitioners.
Sec.
2.
Subsection (c) of section 21a-249 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(c) A licensed practitioner shall not be required to electronically transmit a prescription when:
(1) Electronic transmission is not available due to a temporary technological or electrical failure.
In the event of a temporary technological or electrical failure, the practitioner shall, without undue delay, reasonably attempt to correct any cause for the failure that is within his or her control.
A practitioner who issues a prescription, but fails to electronically transmit the prescription, as permitted by this subsection, shall document the reason for the practitioner's failure to electronically transmit the prescription in the patient's medical record Public Act No.
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5596 as soon as practicable, but in no instance more than seventy-two hours following the end of the temporary technological or electrical failure that prevented the electronic transmittal of the prescription.
For purposes of this subdivision, "temporary technological or electrical failure" means failure of a computer system, application or device or the loss of electrical power to such system, application or device, or any other service interruption to such system, application or device that reasonably prevents the practitioner from utilizing his or her certified application to electronically transmit the prescription in accordance with subsection (b) of this section;
(2) The practitioner reasonably determines that it would be impractical for the patient to obtain substances prescribed by an electronically transmitted prescription in a timely manner and that such delay would adversely impact the patient's medical condition, provided if such prescription is for a controlled substance, the quantity of such controlled substance does not exceed a five-day supply for the patient, if the controlled substance was used in accordance with the directions for use.
A practitioner who issues a prescription, but fails to electronically transmit the prescription, as permitted by this subsection, shall document the reason for the practitioner's failure to electronically transmit the prescription in the patient's medical record;
(3) The prescription is to be dispensed by a pharmacy located outside this state.
A practitioner who issues a prescription, but fails to electronically transmit the prescription, as permitted by this subsection, shall document the reason for the practitioner's failure to electronically transmit the prescription in the patient's medical record;
(4) Use of an electronically transmitted prescription may negatively impact patient care, such as a prescription containing two or more products to be compounded by a pharmacist, a prescription for direct administration to a patient by parenteral, intravenous, intramuscular, subcutaneous or intraspinal infusion, a prescription that contains long Public Act No.
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5596 or complicated directions, a prescription that requires certain elements to be included by the federal Food and Drug and Administration, or an oral prescription communicated to a pharmacist by a health care practitioner for a patient in a chronic and convalescent nursing home, licensed pursuant to chapter 368v;
or (5) The practitioner demonstrates, in a form and manner prescribed by the commissioner, that such practitioner does not have the technological capacity to issue electronically transmitted prescriptions.
For the purposes of this subsection, "technological capacity" means possession of a computer system, hardware or device that can be used to electronically transmit controlled substance prescriptions consistent with the requirements of the federal Controlled Substances Act, 21 USC 801, as amended from time to time.
The provisions of this subdivision shall not apply to a practitioner when such practitioner is prescribing as a telehealth provider, as defined in section 19a-906, [or] section 1 of public act 20-2 of the July special session or section 1 of this act, as applicable, pursuant to subsection (c) of section 19a-906, [or] subsection (c) of section 1 of public act 20-2 of the July special session or subsection (c) of section 1 of this act, as applicable.
Sec.
3.
(Effective from passage) (a) For the purposes of this section:
(1) "Asynchronous" has the same meaning asprovidedin section 19a- of the general statutes;
(2) "Originating site" has the same meaning as provided in section 19a-906 of the general statutes;
(3) "Remote patient monitoring" has the same meaning as provided in section 19a-906 of the general statutes;
(4) "Store and forward transfer" has the same meaning as provided in section 19a-906 of the general statutes;
Public Act No.
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5596 (5) "Synchronous" has the same meaning as provided in section 19a- of the general statutes;
(6) "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 an insured's physical, oral and mental health, and includes interaction between the insured at the originatingsiteandthetelehealthprovideratadistantsite,synchronous interactions, asynchronous store and forward transfers or remote patient monitoring, but does not include interaction through (A) facsimile, texting or electronic mail, or (B) audio-only telephone if the telehealth provider is out-of-network;
and (7) "Telehealth provider" means any person who (A) provides 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 such person's profession, and (B) is (i) a physician or physician assistant licensed under chapter 370 of the general statutes, physical therapist or physical therapist assistant licensed under chapter 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 or occupational therapy assistant 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, 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 chapter383bofthegeneralstatutes,alcoholanddrugcounselorlicensed under chapter 376b of the general statutes, professional counselor licensed under chapter 383c of the general statutes, dietitian-nutritionist Public Act No.
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5596 certified under chapter 384b of the 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, paramedic licensed pursuant to chapter 384d of the general statutes, nurse-midwife licensed under chapter 377 of the general statutes, dentist licensed under chapter 379 of the general statutes, behavior analyst licensed under chapter 382a of the general statutes, genetic counselor licensed under chapter 383d of the general statutes, music therapist certified in the manner described in chapter 383f of the general statutes, art therapist certified in the manner described in chapter 383g of the general statutes or athletic trainer licensed under chapter 375a of the general statutes, or (ii) an in-network and appropriately licensed, certified or registered physician, physician assistant, physical therapist, physical therapist assistant, chiropractor, naturopath, podiatrist, occupational therapist, occupational therapy assistant, optometrist, registered nurse, advanced practice registered nurse, psychologist, marital and family therapist, clinical social worker, master social worker, alcohol and drug counselor, professional counselor, dietitian- nutritionist, speech and language pathologist, respiratory care practitioner, audiologist, pharmacist, paramedic, nurse-midwife, dentist, behavior analyst, genetic counselor, music therapist, art therapist or athletic trainer, in another state or territory of the United States or the District of Columbia, that provides telehealth services pursuant to his or her authority under any relevant order issued by the Commissioner of Public Health and 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 health care providers.
(b) Notwithstanding any provision of the general statutes, each Public Act No.
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5596 individual health insurance policy that provides coverage of the type specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-469 of the general statutes that is effective at any time during the period beginning on the effective date of this section and ending on June 30, 2023, shall, at all times that the policy remains in effect during such period, provide coverage for medical advice, diagnosis, care or treatment provided through telehealth, to the same extent coverage is provided for such advice, diagnosis, care or treatment when provided to the insured in person.
The policy shall not, at any time during such period, exclude coverage for a service that is appropriately provided through telehealth because such service is provided through telehealth or a telehealth platform selected by an in-network telehealth provider.
(c) Notwithstanding any provision of the general statutes, no telehealth provider who receives a reimbursement for a covered service provided through telehealth in accordance with subsection (b) of this section shall seek any payment for such service from the insured who received such service, except for any coinsurance, copayment, deductible or other out-of-pocket expense set forth in the insured's policy.
Such amount shall be deemed by the telehealth provider to be payment in full.
(d) Nothing in this section shall prohibit or limit a health insurer, health care center, hospital service corporation, medical service corporation or other entity from conducting utilization review for telehealth services, provided such utilization review is conducted in the same manner and uses the same clinical review criteria as a utilization review for an in-person consultation for the same service.
Except as provided in subsection (b) or (c) of this section, the coverage required under subsection (b) of this section shall be subject to the same terms and conditions applicable to all other benefits under the policy providing such coverage.
Sec.
4.
(Effective from passage) (a) For the purposes of this section:
Public Act No.
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5596 (1) "Asynchronous" has the same meaning asprovidedin section 19a- of the general statutes;
(2) "Originating site" has the same meaning as provided in section 19a-906 of the general statutes;
(3) "Remote patient monitoring" has the same meaning as provided in section 19a-906 of the general statutes;
(4) "Store and forward transfer" has the same meaning as provided in section 19a-906 of the general statutes;
(5) "Synchronous" has the same meaning as provided in section 19a- of the general statutes;
(6) "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 an insured's physical, oral and mental health, and includes interaction between the insured at the originatingsiteandthetelehealthprovideratadistantsite,synchronous interactions, asynchronous store and forward transfers or remote patient monitoring, but does not include interaction through (A) facsimile, texting or electronic mail, or (B) audio-only telephone if the telehealth provider is out-of-network;
and (7) "Telehealth provider" means any person who (A) provides 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 such person's profession, and (B) is (i) a physician or physician assistant licensed under chapter 370 of the general statutes, physical therapist or physical therapist assistant licensed under chapter 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 Public Act No.
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5596 statutes, occupational therapist or occupational therapy assistant 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, 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 chapter383bofthegeneralstatutes,alcoholanddrugcounselorlicensed under chapter 376b of the general statutes, professional counselor licensed under chapter 383c of the general statutes, dietitian-nutritionist certified under chapter 384b of the 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, paramedic licensed pursuant to chapter 384d of the general statutes, nurse-midwife licensed under chapter 377 of the general statutes, dentist licensed under chapter 379 of the general statutes, behavior analyst licensed under chapter 382a of the general statutes, genetic counselor licensed under chapter 383d of the general statutes, music therapist certified in the manner described in chapter 383f of the general statutes, art therapist certified in the manner described in chapter 383g of the general statutes or athletic trainer licensed under chapter 375a of the general statutes, or (ii) an in-network and appropriately licensed, certified or registered physician, physician assistant, physical therapist, physical therapist assistant, chiropractor, naturopath, podiatrist, occupational therapist, occupational therapy assistant, optometrist, registered nurse, advanced practice registered nurse, psychologist, marital and family therapist, clinical social worker, master social worker, alcohol and drug counselor, professional counselor, dietitian- nutritionist, speech and language pathologist, respiratory care practitioner, audiologist, pharmacist, paramedic, nurse-midwife, dentist, behavior analyst, genetic counselor, music therapist, art Public Act No.
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5596 therapist or athletic trainer, in another state or territory of the United States or the District of Columbia, that provides telehealth services pursuant to his or her authority under any relevant order issued by the Commissioner of Public Health and 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 health care providers.
(b) Notwithstanding any provision of the general statutes, each group health insurance policy that provides coverage of the type specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-469 of the general statutes that is effective at any time during the period beginning on the effective date of this section and ending on June 30, 2023, shall, at all times that the policy remains in effect during such period, provide coverage for medical advice, diagnosis, care or treatment provided through telehealth, to the same extent coverage is provided for such advice, diagnosis, care or treatment when provided to the insured in person.
The policy shall not, at any time during such period, exclude coverage for a service that is appropriately provided through telehealth because such service is provided through telehealth or a telehealth platform selected by an in-network telehealth provider.
(c) Notwithstanding any provision of the general statutes, no telehealth provider who receives a reimbursement for a covered service provided through telehealth in accordance with subsection (b) of this section shall seek any payment for such service from the insured who received such service, except for any coinsurance, copayment, deductible or other out-of-pocket expense set forth in the insured's policy.
Such amount shall be deemed by the telehealth provider to be payment in full.
(d) Nothing in this section shall prohibit or limit a health insurer, health care center, hospital service corporation, medical service Public Act No.
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5596 corporation or other entity from conducting utilization review for telehealth services, provided such utilization review is conducted in the same manner and uses the same clinical review criteria as a utilization review for an in-person consultation for the same service.
Except as provided in subsection (b) or (c) of this section, the coverage required under subsection (b) of this section shall be subject to the same terms and conditions applicable to all other benefits under the policy providing such coverage.
Sec.
5.
(Effective from passage) (a) As used in this section:
(1) "Health carrier" has the same meaning as provided in section 38a- of the general statutes;
(2) "Insured" has the same meaning as provided in section 38a-1 of the general statutes;
(3) "Telehealth" has the same meaning as provided in sections 3 and of this act;
and (4) "Telehealth provider" has the same meaning as provided in sections 3 and 4 of this act.
(b) Notwithstanding any provision of the general statutes, no health carrier shall reduce the amount of a reimbursement paid to a telehealth provider for covered health care or health services that the telehealth provider appropriately provided to an insured through telehealth during the period beginning on the effective date of this section and ending on June 30, 2023, because the telehealth provider provided such health care or health services to the patient through telehealth and not in person.
Sec.
6.
(Effective from passage) (a) As used in this section:
(1) "Telehealth" means the mode of delivering health care or other Public Act No.
21-9 18 of 20 House Bill No.
5596 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, oral 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, texting or electronic mail.
(2) "Connecticut medical assistance program" means the state's Medicaid program and the Children's Health Insurance Program under Title XXI of the Social Security Act, as amended from time to time.
(b) Notwithstanding the provisions of section 17b-245c, 17b-245e or 19a-906 of the general statutes, or any other section, regulation, rule, policy or procedure governing the Connecticut medical assistance program, the Commissioner of Social Services may, in the commissioner's discretion and to the extent permissible under federal law, provide coverage under the Connecticut medical assistance program for audio-only telehealth services for the period beginning on the effective date of this section and ending on June 30, 2023.
Sec.
7.
(Effective from passage) (a) As used in this section:
(1) "Advanced practice registered nurse" means an advanced practice registered nurse licensed pursuant to chapter 378ofthegeneralstatutes;
(2) "Physician" has the same meaning as provided in section 21a-408 of the general statutes;
(3) "Qualifying patient" has the same meaning as provided in section 21a-408 of the general statutes;
and (4) "Written certification" has the same meaning as provided in section 21a-408 of the general statutes.
Public Act No.
21-9 19 of 20 House Bill No.
5596 (b) Notwithstanding the provisions of sections 21a-408 to 21a-408n, inclusive, of the general statutes, or any other section, regulation, rule, policy or procedure concerning the certification of medical marijuana patients, a physician or advanced practice registered nurse may issue a written certification to a qualifying patient and provide any follow-up care using telehealth services during the period beginning on the effective date of this section and ending on June 30, 2023, provided all other requirements for issuing the written certification to the qualifying patient and all recordkeeping requirements are satisfied.
Approved May 10, 2021 Public Act No.
21-9 20 of 20
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Action History

  1. TRANSMITTED TO SECRETARY OF THE STATE

  2. PUBLIC ACT 21-9

  3. SIGNED BY GOVERNOR IN ORIGINAL

  4. RULES SUSPENDED

  5. RULES SUSPENDED, TRANSMITTED TO THE GOVERNOR

  6. IN CONCURRENCE

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

  8. SEN. ADOPTED HO. AMEND. SCH. A

  9. SENATE CALENDAR NUMBER 376

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

  11. RULES SUSPENDED, TRANSMITTED TO SENATE

  12. HOUSE PASSED, HOUSE AMEND. SCH. A

  13. HOUSE ADOPTED HOUSE AMEND. SCH. A

  14. FILE NO. 256

  15. HOUSE CALENDAR NUMBER 210

  16. FAV. RPT., TABLED FOR HOUSE CALENDAR

  17. RPTD. OUT OF LCO

  18. REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 04/06/21

  19. FILED WITH LCO

  20. Joint Favorable

  21. PUBLIC HEARING 0315

  22. REF. TO JOINT COMM. ON Public Health

Sponsors

Sponsorship breakdown

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18 sponsors · 0 co-sponsors · 169 not signed on

Sponsors (18)

Co-sponsors (0)

None.

Not signed on (169)

169 members have not signed on to this bill.

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"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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Frequently asked questions

Who sponsors HB 5596?
HB 5596 is sponsored by Rick Lopes (Democratic), Saud Anwar (Democratic), Petit, William A., Frank Smith (Democratic), Lucy Dathan (Democratic), Patricia Billie Miller (Democratic), Tom Delnicki (Republican), Conley, Christine, Jane M. Garibay (Democratic), Young, Philip L., Mitch Bolinsky (Republican), Lesser, Matthew L., Julie Kushner (Democratic), Josh Elliott (Democratic), Henry J. Genga (Democratic), Amy Morrin Bello (Democratic), Kerry S. Wood (Democratic), and Kenneth Gucker (Democratic).
What is the current status of HB 5596?
This bill has been enacted into law. Introduced January 26, 2021. Enacted.
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