SF 4565

as introduced - 91st Legislature (2019 - 2020) Posted on 05/08/2020 07:54am

A bill for an act
relating to health care; expanding and modifying the use of telemedicine; amending
Minnesota Statutes 2018, sections 62A.671, subdivisions 6, 7, 9; 62A.672,
subdivisions 2, 3.

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

Section 1.

Minnesota Statutes 2018, 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

deleted text begin (2) deleted text end authorized within their respective scope of practice to provide the particular service
with no supervision or under general supervision new text begin ; or
new text end

new text begin (2) a mental health practitioner, as defined under section 245.462, subdivision 17, or
245.4871, subdivision 26, who is working under the supervision of a mental health
professional new text end .

Sec. 2.

Minnesota Statutes 2018, section 62A.671, subdivision 7, is amended to read:

Subd. 7.

Originating site.

"Originating site" means a site deleted text begin including, but not limited to,
a health care facility deleted text end at which a patient is located at the time health care services are provided
to the patient by means of telemedicine. new text begin Originating site includes the patient's home residence.
new text end

Sec. 3.

Minnesota Statutes 2018, 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. new text begin A communication between a licensed
health care provider and a patient that consists solely or primarily of a telephone conversation
constitutes a telemedicine consultation or service. new text end 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, which facilitate the assessment, diagnosis, consultation, treatment, education,
and care management of a patient's health care.

Sec. 4.

Minnesota Statutes 2018, section 62A.672, subdivision 2, is amended to read:

Subd. 2.

Parity between telemedicine and in-person services.

new text begin (a) new text end A health carrier shall
not exclude a service for coverage solely because the service is provided via telemedicine
and is not provided through in-person consultation or contact between a licensed health care
provider and a patient.

new text begin (b) A health carrier shall not create a separate telemedicine provider network or provide
incentives to patients to use a separate provider network for telemedicine services that does
not include network providers who provide in-person care to patients.
new text end

Sec. 5.

Minnesota Statutes 2018, section 62A.672, subdivision 3, is amended to read:

Subd. 3.

Reimbursement for telemedicine services.

(a) A health carrier shall 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.

(b) new text begin A health carrier shall not deny or limit reimbursement based solely on a provider
delivering consultations or health care services by telemedicine instead of in person.
new text end

new text begin (c) A health carrier shall not deny or limit reimbursement based solely on the mechanism
or platform of telemedicine used by the provider to deliver consultations or health care
services, provided the mechanism or platform used by the provider allows for the delivery
of telemedicine services, as defined in section 62A.671, subdivision 9.
new text end

new text begin (d) new text end 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,
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.