SF 2049

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/16/2021 10:23am

A bill for an act
relating to health insurance; modifying provisions governing telehealth; amending
Minnesota Statutes 2020, sections 62A.671, subdivisions 3, 6, 9; 62A.672,
subdivisions 1, 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2020, section 62A.671, subdivision 3, is amended to read:

Subd. 3.

Health care provider.

"Health care provider" deleted text begin has the meaning provided in
section 62A.63, subdivision 2. deleted text end new text begin means a licensed health care provider as defined in subdivision
6 or a mental health practitioner defined under section 245.462, subdivision 17, or 245.4871,
subdivision 26, working under the supervision of a mental health professional and authorized
within the applicable scope of practice to provide the particular service.
new text end

Sec. 2.

Minnesota Statutes 2020, section 62A.671, subdivision 6, is amended to read:

Subd. 6.

Licensed health care provider.

"Licensed health care provider" means a health
care provider who is:

(1) licensed under chapter 147, 147A, new text begin 147C, new text end 148, 148B, 148E, 148F, 150A, or 153; a
mental health professional as defined under section 245.462, subdivision 18, or 245.4871,
subdivision 27; or vendor of medical care defined in section 256B.02, subdivision 7; and

(2) authorized within their respective scope of practice to provide the particular service
with no supervision or under general supervision.

Sec. 3.

Minnesota Statutes 2020, section 62A.671, subdivision 9, is amended to read:

Subd. 9.

Telemedicine.

"Telemedicine" means the delivery of health care services or
consultations while the patient is at an originating site and the licensed health care provider
is at a distant site. A communication between licensed health care providers that consists
solely of a telephone conversation, e-mail, or facsimile transmission does not constitute
telemedicine consultations or services. A communication between a licensed health care
provider and a patient that consists solely of an e-mail or facsimile transmission does not
constitute telemedicine consultations or services. Telemedicine may be provided by means
of real-time two-way, interactive audio and visual communications, including the application
of secure video conferencing or store-and-forward technology to provide or support health
care delivery, deleted text begin which deleted text end new text begin or a scheduled telephone conversation, to new text end facilitate the assessment,
diagnosis, consultation, treatment, education, and care management of a patient's health
care.

Sec. 4.

Minnesota Statutes 2020, section 62A.672, subdivision 1, is amended to read:

Subdivision 1.

Coverage of telemedicine.

(a) A health plan sold, issued, or renewed by
a health carrier for which coverage of benefits begins on or after January 1, 2017, shall
include coverage for telemedicine benefits in the same manner as any other benefits covered
under the policy, plan, or contract, and shall comply with the regulations of this section.

(b) Nothing in this section shall be construed to:

(1) require a health carrier to provide coverage for services that are not medically
necessary;

(2) prohibit a health carrier from new text begin (i) new text end establishing criteria that a health care provider must
meet to demonstrate the safety or efficacy of delivering a particular service via telemedicine
for which the health carrier does not already reimburse other health care providers for
delivering via telemedicine new text begin or via a specific mode of communication used for a telemedicine
service new text end , so long as the criteria are not unduly burdensome or unreasonable for the particular
service new text begin , or (ii) using reasonable medical management techniques new text end ; or

(3) prevent a health carrier from requiring a health care provider to agree to certain
documentation or billing practices designed to protect the health carrier or patients from
fraudulent claims so long as the practices are not unduly burdensome or unreasonable for
the particular service.

Sec. 5.

Minnesota Statutes 2020, section 62A.672, subdivision 3, is amended to read:

Subd. 3.

Reimbursement for telemedicine services.

(a) A health carrier deleted text begin shall deleted text end new text begin may new text end
reimburse the distant site licensed health care provider for covered services delivered via
telemedicine on the same basis and at the same rate as the health carrier would apply to
those services if the services had been delivered in person by the distant site licensed health
care provider. new text begin Nothing prohibits a health carrier and licensed health care provider from
agreeing to a different contracted reimbursement rate or total cost of care arrangement for
covered telemedicine. A different contract reimbursement rate or arrangement agreed to by
a health carrier and a licensed health care provider is not a violation of this subdivision.
new text end

(b) It is not a violation of this subdivision for a health carrier to include a deductible,
co-payment, or coinsurance requirement for a health care service provided via telemedicine deleted text begin ,
provided that the deductible, co-payment, or coinsurance is not in addition to, and does not
exceed, the deductible, co-payment, or coinsurance applicable if the same services were
provided through in-person contact deleted text end .

Sec. 6. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 4 are effective 60 days after the date the peacetime emergency initially
declared by the governor under Executive Order 20-01 is terminated or rescinded by proper
authority, whichever occurs first.
new text end