HB1623 (2020) Detail

Relative to telemedicine and substance use disorder.


HB 1623-FN - AS AMENDED BY THE HOUSE

 

11Mar2020... 0509h

2020 SESSION

20-2023

01/05

 

HOUSE BILL 1623-FN

 

AN ACT relative to telemedicine and substance use disorder.

 

SPONSORS: Rep. Marsh, Carr. 8; Rep. Allard, Merr. 21; Rep. MacDonald, Carr. 6; Rep. Edwards, Rock. 4; Rep. Baldasaro, Rock. 5; Rep. M. Pearson, Rock. 34; Rep. Snow, Hills. 19; Rep. Crawford, Carr. 4; Rep. Schapiro, Ches. 16; Sen. Bradley, Dist 3; Sen. Kahn, Dist 10

 

COMMITTEE: Health, Human Services and Elderly Affairs

 

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ANALYSIS

 

This bill clarifies prescribing certain drugs via telemedicine.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11Mar2020... 0509h 20-2023

01/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to telemedicine and substance use disorder.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Statement of Intent.

I.  The general court hereby recognizes that:

(a)  Recent medical research indicates that substance use treatment can be safely done utilizing telemedicine (Rubin R., Using Telemedicine to Treat Opioid Use Disorder in Rural Areas. JAMA. Published online August 28, 2019); and

(b)  Recent court decisions (Smith v. Aroostook County, No. 19-1340 (1st Cir. 2019)) require the increased availability of substance use treatment in correctional facilities; and

(c)  Recent changes in federal law allow the registration of certain individuals to prescribe opioid drugs to be used in substance use disorder without first conducting an in person examination (21 U.S.C. section 831(h)), which registration regulations are pending.

II.  Therefore, the general court hereby enacts the following legislation.

2  Medicaid Coverage of Telehealth Services.  Amend RSA 167:4-d, II(c)-(e) to read as follows:

(c)  "Doorways" means the statewide points of entry for the delivery of substance use services.

(d)  "Originating site" means the location of the patient, whether or not accompanied by a health care provider, at the time services are provided by a health care provider through telemedicine, including, but not limited to, a health care provider's office, a hospital, or a health care facility, or the patient's home or another nonmedical environment such as a school-based health center, a university-based health center, or the patient's workplace.

[(d)] (e) "Remote patient monitoring" means the use of electronic technology to remotely monitor a patient's health status through the collection and interpretation of clinical data while the patient remains at an originating site.  Remote patient monitoring may or may not take place in real time.  Remote patient monitoring shall include assessment, observation, education and virtual visits provided by all covered providers including licensed home health care providers.

[(e)] (f) "Store and forward," as it pertains to telemedicine and as an exception to 42 C.F.R. section 410.78, means the use of asynchronous electronic communications between a patient at an originating site and a health care service provider at a distant site for the purpose of diagnostic and therapeutic assistance in the care of patients.  This includes the forwarding and/or transfer of stored medical data from the originating site to the distant site through the use of any electronic device that records data in its own storage and forwards its data to the distant site via telecommunication for the purpose of diagnostic and therapeutic assistance.

3  Medicaid Coverage of Telehealth Services.  Amend RSA 167:4-d, III(a)(2) to read as follows:

(2)  By which telemedicine services for primary care, remote patient monitoring, and substance use disorder services shall only be covered in the event that the patient has already established care at an originating site via face-to-face in-person service.  A provider shall not be required to establish care via face-to-face in-person service when:

(A)  The provider is a Department of Veteran Affairs (VA) practitioner or VA-contracted practitioner not required to obtain a special registration pursuant to 21 U.S.C. section 831(h);

(B)  The patient is being treated by, and is physically located in a correctional facility administered by the state of New Hampshire or a New Hampshire county;

(C)  The patient is being treated by, and is physically located in a doorway as defined in RSA 167:4-d, II(c);

(D)  The patient is being treated by and is physically located in a state designated community mental health center pursuant to RSA 135; or

E)  The patient is being treated by, and physically located in, a hospital or clinic registered in a manner fully consistent with 21 U.S.C. section 823(f); and

4  New Paragraph; Medicaid Coverage of Telehealth Services.  Amend RSA 167:4-d by inserting after paragraph V the following new paragraph:

VI.  With written consent of the patient receiving medication assisted treatment through telehealth services provided under this section, the health care provider shall provide notification of the patient’s medication assisted treatment to the doorway, as defined in RSA 167:4-d, II(c), within the region where the patient resides.

5  Controlled Drug Act; Prohibited Acts.  Amend RSA 318-B:2, XVI to read as follows:

XVI.(a)(1) The prescribing of a non-opioid controlled drug classified in schedule II through IV by means of telemedicine shall be limited to prescribers as defined in RSA 329:1-d, I and RSA 326-B:2, XII(a), who are treating a patient with whom the prescriber has an in-person practitioner-patient relationship, for purposes of monitoring or follow-up care[, or who are treating patients at a state designated community mental health center pursuant to RSA 135-C or at a Substance Abuse and Mental Health Services Administration (SAMHSA)-certified state opioid treatment program, and shall require an initial in-person exam by a practitioner licensed to prescribe the drug].  A provider shall not be required to establish care via face-to-face in-person service when:

(A)  The provider is a Department of Veteran Affairs (VA) practitioner or VA-contracted practitioner not required to obtain a special registration pursuant to 21 U.S.C. section 831(h);

(B)  The patient is being treated by, and is physically located in a correctional facility administered by the state of New Hampshire or a New Hampshire county;

(C)  The patient is being treated by, and is physically located in a doorway as defined in RSA 167:4-d, II(c);

(D)  The patient is being treated by and is physically located in a state designated community mental health center pursuant to RSA 135; or

(E)  The patient is being treated by, and physically located in, a hospital or clinic registered in a manner fully consistent with 21 U.S.C. section 823(f).

(2)  Subsequent in-person exams shall be by a practitioner licensed to prescribe the drug at intervals appropriate for the patient, medical condition, and drug, but not less than annually.

(b)(1) The prescribing of an opioid controlled drug classified in schedule II through IV by means of telemedicine shall be limited to prescribers as defined in RSA 329:1-d, I and RSA 326-B:2, XII(a)[, who are treating patients at a SAMHSA-certified state opioid treatment program.  Such prescription authority shall require an initial in-person exam by a practitioner licensed to prescribe the drug and].  A provider shall not be required to establish care via face-to-face in-person service when:

(A)  The provider is a Department of Veteran Affairs (VA) practitioner or VA-contracted practitioner not required to obtain a special registration pursuant to 21 U.S.C. section 831(h);

(B)  The patient is being treated by, and is physically located in a correctional facility administered by the state of New Hampshire or a New Hampshire county;

(C)  The patient is being treated by, and is physically located in a Doorway as defined in RSA 167:4-d, II(c);

(D)  The patient is being treated by and is physically located in a state designated community mental health center pursuant to RSA 135; or

(E)  The patient is being treated by, and physically located in, a hospital or clinic registered in a manner fully consistent with 21 U.S.C. section 823(f).  

(2)  Subsequent in-person exams shall be by a practitioner licensed to prescribe the drug at intervals appropriate for the patient, medical condition, and opioid, but not less than annually.

6  New Paragraph; Nurse Practice Act; Rulemaking Added.  Amend RSA 326-B:9 by inserting after paragraph XII the following new paragraph:

XIII.  A process for registering practitioners who have been granted a special registration to prescribe controlled substances via telemedicine pursuant to 21 U.S.C. section 831(h).

7  Physicians and Surgeons; Telemedicine.  Amend RSA 329:1-d, III and IV to read as follows:

III.  It shall be unlawful for any person to prescribe by means of telemedicine a controlled drug classified in schedule II through IV, except substance use disorder (SUD) treatment as permitted in locations enumerated in paragraph IV.  Methadone hydrochloride, as defined in RSA 318-B:10, VII(d)(2) shall not be included in the exemption.

IV.(a)(1) The prescribing of a non-opioid controlled drug classified in schedule II through IV by means of telemedicine shall be limited to prescribers as defined in RSA 329:1-d, I and RSA 326-B:2, XII(a), who are treating a patient with whom the prescriber has an in-person practitioner-patient relationship, for purposes of monitoring or follow-up care[, or who are treating patients at a state designated community mental health center pursuant to RSA 135-C or at a Substance Abuse and Mental Health Services Administration (SAMHSA)-certified state opioid treatment program, and shall require an initial in-person exam by a practitioner licensed to prescribe the drug].  A provider shall not be required to establish care via face-to-face in-person service when:

(A)  The provider is a Department of Veteran Affairs (VA) practitioner or VA-contracted practitioner not required to obtain a special registration pursuant to 21 U.S.C. section 831(h);

(B)  The patient is being treated by, and is physically located in a correctional facility administered by the state of New Hampshire or a New Hampshire county;

(C)  The patient is being treated by, and is physically located in a Doorway as defined in RSA 167:4-d, II(c);

(D)  The patient is being treated by and is physically located in a state designated community mental health center pursuant to RSA 135; or

(E)  The patient is being treated by, and physically located in, a hospital or clinic registered in a manner fully consistent with 21 U.S.C. section 823(f).  

(2)  Subsequent in-person exams shall be by a practitioner licensed to prescribe the drug at intervals appropriate for the patient, medical condition, and drug, but not less than annually.

(b)(1) The prescribing of an opioid controlled drug classified in schedule II through IV by means of telemedicine shall be limited to prescribers as defined in RSA 329:1-d, I and RSA 326-B:2, XII(a)[, who are treating patients at a SAMHSA-certified state opioid treatment program.  Such prescription authority shall require an initial in-person exam by a practitioner licensed to prescribe the drug and].  A provider shall not be required to establish care via face-to-face in-person service when:

(A)  The provider is a Department of Veteran Affairs (VA) practitioner or VA-contracted practitioner not required to obtain a special registration pursuant to 21 U.S.C. section 831(h) ;

(B)  The patient is being treated by, and is physically located in a correctional facility administered by the state of New Hampshire or a New Hampshire county;

(C)  The patient is being treated by, and is physically located in a Doorway as defined in RSA 167:4-d, II(c);

(D)  The patient is being treated by and is physically located in a state designated community mental health center pursuant to RSA 135; or

(E)  The patient is being treated by, and physically located in, a hospital or clinic registered in a manner fully consistent with 21 U.S.C. section 823(f).  

(2)  Subsequent in-person exams shall be by a practitioner licensed to prescribe the drug at intervals appropriate for the patient, medical condition, and opioid, but not less than annually.

8  New Paragraph; Physicians and Surgeons; Rulemaking.  Amend RSA 329:9 by inserting after paragraph XX the following new paragraph:

XXI.  A process for registering practitioners who have been granted a special registration to prescribe controlled substances via telemedicine pursuant to 21 U.S.C. section 831(h).

9  Effective Date.  This act shall take effect upon its passage.

 

LBAO

20-2023

12/6/19

 

HB 1623-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to telemedicine and substance use disorder.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable

Indeterminable

Indeterminable

Indeterminable

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [ X ] Other - Federal Medicaid Funds

 

 

 

 

 

METHODOLOGY:

This bill amends Medicaid coverage of telehealth coverage by removing the prerequisite to establish care via face-to-face contact, provided the physician or other health care provider holds a special registration pursuant to 21 U.SC. section 831(h), or is exempt from such registration.  The Department of Health and Human Services anticipates that while telehealth services are already covered under Medicaid, the bill may result in increased utilization and hence increased costs.  Nonetheless, the Department expects the extent of any such increase to be minimal.

 

The Department of Corrections indicated this bill will have no fiscal impact on the Department.  

 

AGENCIES CONTACTED:

Departments of Corrections and Health and Human Services

 

Links

HB1623 at GenCourtMobile
HB1623 Discussion

Action Dates

Date Body Type
Jan. 28, 2020 House Hearing
Feb. 18, 2020 House Exec Session
House Floor Vote
March 11, 2020 House Floor Vote

Bill Text Revisions

HB1623 Revision: 8329 Date: March 12, 2020, 10:16 a.m.
HB1623 Revision: 7251 Date: Dec. 6, 2019, 12:38 p.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and referred to Health, Human Services and Elderly Affairs HJ 1 P. 29
Jan. 28, 2020 Public Hearing: 01/28/2020 01:30 pm LOB 205
Feb. 4, 2020 Subcommittee Work Session: 02/04/2020 10:00 am LOB 308
Feb. 18, 2020 Executive Session: 02/18/2020 01:00 pm LOB 205
Committee Report: Ought to Pass with Amendment # 2020-0509h (Vote 20-0; CC)
March 11, 2020 Committee Report: Ought to Pass with Amendment # 2020-0509h for 03/11/2020 (Vote 20-0; CC) HC 10 P. 21
March 11, 2020 Amendment # 2020-0509h: AA VV 03/11/2020
March 11, 2020 Ought to Pass with Amendment 2020-0509h: MA VV 03/11/2020