Tennessee § 56-7-1003 - Provider-based telemedicine.

§ 56-7-1003. Provider-based telemedicine.

As used in this section: “Health insurance entity” has the same meaning as defined in § 56-7-109 and includes managed care organizations participating in the medical assistance program under title 71, chapter 5; “Healthcare services” has the same meaning as defined in § 56-61-102; “Healthcare services provider” means an individual acting within the scope of a valid license issued pursuant to title 63 or title 68, chapter 24, part 6, or any state-contracted crisis service provider employed by a facility licensed under title 33; “Healthcare system” means two (2) or more healthcare organizations as defined in § 63-1-150, that are affiliated through shared ownership or pursuant to a contractual relationship that controls payment terms and service delivery; “Practice group” means two (2) or more healthcare services providers that share a common employer for the purposes of the healthcare services providers' clinical practice; “Provider-based telemedicine”: Means the use of Health Insurance Portability and Accessibility Act (HIPAA) (42 U.S.C. § 1320d et seq.) compliant real-time, interactive audio, video telecommunications, or electronic technology, or store-and-forward telemedicine services, used over the course of an interactive visit by a healthcare services provider to deliver healthcare services to a patient within the scope of practice of the healthcare services provider when: The healthcare services provider is at a qualified site other than the site where the patient is located and has access to the relevant medical record for that patient; The patient is located at a location the patient deems appropriate to receive the healthcare service that is equipped to engage in the telecommunication described in this section; and The healthcare services provider makes use of HIPAA compliant real-time, interactive audio, video telecommunications or electronic technology, or store-and-forward telemedicine services to deliver healthcare services to a patient within the scope of practice of the healthcare services provider as long as the healthcare services provider, the healthcare services provider's practice group, or the healthcare system has established a provider-patient relationship by submitting to a health insurance entity evidence of an in-person encounter between the healthcare service provider, the healthcare services provider's practice group, or the healthcare system and the patient within sixteen (16) months prior to the interactive visit; and Does not include: An audio-only conversation; An electronic mail message or phone text message; A facsimile transmission; Remote patient monitoring; or Healthcare services provided pursuant to a contractual relationship between a health insurance entity and an entity that facilitates the delivery of provider-based telemedicine as the substantial portion of the entity's business; “Qualified site” means the primary or satellite office of a healthcare services provider, a hospital licensed under title 68, a facility recognized as a rural health clinic under federal medicare regulations, a federally qualified health center, a facility licensed under title 33, or any other location deemed acceptable by the health insurance entity; and “Store-and-forward telemedicine services”: Means the use of asynchronous computer-based communications between a patient and healthcare services provider at a distant site for the purpose of diagnostic and therapeutic assistance in the care of patients; and Includes the transferring of medical data from one (1) site to another through the use of a camera or similar device that records or stores an image that is sent or forwarded via telecommunication to another site for consultation. Healthcare services provided through a provider-based telemedicine encounter must comply with state licensure requirements promulgated by the appropriate licensure boards. Provider-based telemedicine providers are held to the same standard of care as healthcare services providers providing the same healthcare services through in-person encounters. A provider-based telemedicine provider who seeks to contract with or who has contracted with a health insurance entity to participate in the health insurance entity's network is subject to the same requirements and contractual terms as any other healthcare services provider in the health insurance entity's network. A health insurance entity: Shall provide coverage under a health insurance policy or contract for covered healthcare services delivered through provider-based telemedicine; Shall reimburse a healthcare services provider for a healthcare service covered under an insured patient's health insurance policy or contract that is provided through provider-based telemedicine without any distinction or consideration of the geographic location or any federal, state, or local designation, or classification of the geographic area where the patient is located; Shall not exclude from coverage a healthcare service solely because it is provided through provider-based telemedicine and is not provided through an in-person encounter between a healthcare services provider and a patient; and Shall reimburse healthcare services providers who are out-of-network for provider-based telemedicine care services under the same reimbursement policies applicable to other out-of-network healthcare services providers. A health insurance entity shall provide coverage for healthcare services provided during a provider-based telemedicine encounter in a manner that is consistent with what the health insurance policy or contract provides for in-person encounters for the same service, and shall reimburse for healthcare services provided during a provider-based telemedicine encounter without distinction or consideration of the geographic location, or any federal, state, or local designation or classification of the geographic area where the patient is located. This section does not require a health insurance entity to pay total reimbursement for a provider-based telemedicine encounter in an amount that exceeds the amount that would be paid for the same service provided by a healthcare services provider for an in-person encounter. This section does not require a health insurance entity to provide coverage for healthcare services that are not medically necessary, unless the terms and conditions of an applicable health insurance policy provide that coverage. As used in subdivision (g)(1): For a healthcare service for which coverage or reimbursement is provided under the Medical Assistance Act of 1968, compiled in title 71, chapter 5, part 1, or provided under title 71, chapter 3, part 11, “medically necessary” means a healthcare service that is determined by the bureau of TennCare to satisfy the medical necessity standard set forth in 71-5-144; and For all other healthcare services, “medically necessary” means healthcare services that a healthcare services provider, exercising prudent clinical judgment, would provide to a patient for the purpose of preventing, evaluating, diagnosing, or treating an illness, injury, or disease or the symptoms of an illness, injury, or disease, and that are: In accordance with generally accepted standards of medical practice; Clinically appropriate, in terms of type, frequency, extent, site and duration; and considered effective for the patient's illness, injury or disease; and Not more costly than an alternative service or sequence of services at least as likely to produce equivalent therapeutic or diagnostic results as to the diagnosis or treatment of that patient's illness, injury, or disease. This section does not require a health insurance entity to provide coverage for healthcare services delivered by means of provider-based telemedicine if the applicable health insurance policy would not provide coverage for the same healthcare services if delivered by in-person means. This section does not require a health insurance entity to reimburse a healthcare services provider for healthcare services delivered by means of provider-based telemedicine if the applicable health insurance policy would not reimburse that healthcare services provider if the same healthcare services had been delivered by in-person means. Any provisions not required by this section are governed by the terms and conditions of the health insurance policy or contract. Provider-based telemedicine is subject to utilization review under the Health Care Service Utilization Review Act, compiled in chapter 6, part 7 of this title. This section does not apply to accident-only, specified disease, hospital indemnity, plans described in § 1251 of the Patient Protection and Affordable Care Act, Public Law 111-148, as amended and § 2301 of the Health Care and Education Reconciliation Act of 2010, Public Law 111-152, as amended (both in 42 U.S.C. § 18011), plans governed by the Employee Retirement Income Security Act of 1974 (ERISA) (29 U.S.C. § 1001 et seq.), medicare supplement, disability income, long-term care, or other limited benefit hospital insurance policies. This section does apply to the basic health plans authorized under title 8, chapter 27, parts 1, 2, 3, and 7. Acts 2020 (2nd Ex. Sess.), ch. 4, § 6. Compiler's Notes. Former §§ 56-7-1001 — 56-7-1007 , concerning health and accident insurance, were transferred by Acts 1992, ch. 984, §§ 1-4, effective upon the 1994 replacement of this volume. Section 56-7-1001 was transferred to §§ 56-7-2301 and 56-7-2604 , and §§ 56-7-1002 — 56-7-1007 were transferred to §§ 56-7-2405 , 56-7-2601 , 56-7-2503 , 56-7-2302 , 56-7-2501 and 56-7-2325 , respectively. For the preamble to the act concerning health insurance cost and other negative impacts of the federal Patient Protection and Affordable Care Act, please refer to Acts 2014, ch. 839. The federal Patient Protection and Affordable Care Act, P.L. 111-148, referenced in this section, is compiled primarily throughout Title 42 U.S.C. Former § 56-7-1003 , concerning the Health insurance entity to provide estimate of amount of premium increase or decrease or tax increase attributable to federal Patient Protection and Affordable Care Act, expired on August 1, 2015. Acts 2014, ch. 839, § 2 provided that: “This act shall take effect August 1, 2014, the public welfare requiring it, and shall expire on August 1, 2015, the public welfare requiring it.” Former § 56-7-1003 concerned health insurance entity providing estimate of amount of premium increase or decrease or tax increase attributable to federal Patient Protections and Affordable Care Act. 2020 (2nd Ex. Sess.), ch. 4, § 10 provided that the act, which enacted this section, applies to insurance policies or contracts issued, entered into, renewed, or amended on or after August 20, 2020. Effective Dates. Acts 2020 (2nd Ex. Sess.), ch. 4, § 10. August 20, 2020.