December 13, 2021
The General Assembly passed HB 122 (telehealth) which would make many of the provisions regarding telehealth visits adopted by the Ohio Medical Board during the pandemic to become permanent. The bill will be effective 90 days after Gov. DeWine adds his signature, which he will be expected to do later this month. The timing is very important because the rules relaxed by the Medical Board are set to expire March 31 2022, and the bill will go into effect prior the March deadline meaning there should be no interruption in patient care.
Most notability HB 122 would allow the following:
- Would continue to allow for both an initial patient visit and annual visit to be conducted via telehealth and not require the patient be see in person as long as the standard of care is met.
- Would require an new patient to have an initial in person visit prior to prescribing schedule II controlled substances. However, there are several broad exemptions that would allow the initial visit to be conducted via telehealth if the patient meets one of the following:
- Patient is receiving hospice or palliative care
- Patient is receiving medication-assisted treatment or other medication for opioid use disorder
- Patient with a mental health condition
- Determined by the clinical judgment of a health care professional in an emergency situation
- Allow telehealth services to a patient participating in the Medicaid program and that specified providers would be eligible to submit claims to the Ohio Department of Medicaid for payment for telehealth services rendered.
- Would allow telehealth visits to use both synchronous and asynchronous technology.
- Both methods would be covered under a health plan
- Prohibit a health plan from imposing cost sharing for telehealth services that exceeds the cost sharing for comparable in-person services and prohibits cost sharing for communications that meet specified criteria.
- Physicians would not be liable in damages under a claim that telehealth services provided do not meet the standard of care that would apply if services were provided in-person.