Foley Announces 2024 50-State Telehealth Survey
Report highlights significant progress and broad adoption, compares laws before and after the Public Health Emergency
Foley & Lardner LLP today released the third edition of its 50-State Survey of Telehealth Insurance Laws, which provides a detailed report on each state’s telehealth commercial insurance coverage and payment/reimbursement laws and compares these laws before and after the Public Health Emergency (PHE).
The first and second editions of this survey published in 2019 and 2021, respectively. Since 2019, the legal landscape for telehealth insurance coverage and reimbursement has significantly expanded, making access to medical care easier for many people. Notable changes from pre-PHE to post-PHE include:
- Additional restrictions on exclusive telehealth platform arrangements allow clinics and hospitals to make individual decisions that best suit their patients
- Audio-only, or phone call, coverage becomes a permanent fixture, helping people in rural areas to receive care
- Payment parity (reimbursing at the same rate for telehealth as in-person visits), shows gradual progress but fell short of expectations
- Mental and behavioral health benefit from expanded telehealth coverage and payment parity, helping to address the imbalance in supply and demand
“In the wake of the COVID-19 Public Health Emergency, we have seen significant progress in telehealth insurance coverage laws, concurrent with digital health’s journey to broad adoption among patients and health care professionals alike,” said Nathaniel (Nate) Lacktman, partner and chair of Foley & Lardner’s national Telemedicine & Digital Health Industry Team. “Five years ago, one of the most substantial barriers to growth was the limited and uncertain insurance coverage for digital health services. Today, with improvements in telehealth practice standards and insurance coverage laws, far more organizations are implementing and expanding robust digital health services, particularly attractive when woven into traditional in-person services. If these ‘click and mortar’ models can deliver the right care, at the right time, to the right person, telehealth will continue its path to becoming an essential component of health care writ large.”
The comprehensive report illustrates the before and after PHE changes among the 50 states with heat maps and contains pinpoint citations to the governing statutes and regulations on telehealth commercial health insurance laws, as well as the full text of those laws and regulations. It is intended to be used as a reference tool to help traditional and emerging health care providers, lawmakers, entrepreneurs, telemedicine companies, and other industry stakeholders better understand the current landscape of telehealth insurance laws and regulations.
About Foley’s Telemedicine and Digital Health Industry Team
Foley’s Telemedicine and Digital Health Industry Team delivers end-to-end legal services to help organizations and entrepreneurs embrace emerging issues in virtual care, enabling them to build innovative virtual care programs, create scalable and sustainable digital health companies, and reach patients in new markets around the world. Nationally recognized by Chambers USA, where clients have called Foley “the premier firm for telehealth counsel,” “a market leader in telemedicine issues,” and “the Dream Team,” Foley’s Telemedicine and Digital Health Industry Team members are frequently recognized for their unparalleled insight and knowledge of the industry.
About Foley & Lardner LLP
Foley & Lardner LLP is a preeminent law firm that stands at the nexus of the Energy, Health Care and Life Sciences, Innovative Technology, and Manufacturing Sectors. We look beyond the law to focus on the constantly evolving demands facing our clients and act as trusted business advisors to deliver creative, practical, and effective solutions. Our 1,100 lawyers across 25 offices worldwide partner on the full range of engagements from corporate counsel to intellectual property work and litigation support, providing our clients with a one-team solution to all their needs. For nearly two centuries, Foley has maintained its commitment to the highest level of innovative legal services and to the stewardship of our people, firm, clients, and the communities we serve.
