sb 0138

CHAPTER 259

SB 138-FN – FINAL VERSION

AN ACT relative to insurance coverage for telemedicine services.

SPONSORS: Sen. Sgambati, Dist 4; Sen. Houde, Dist 5; Sen. Gallus, Dist 1; Rep. Nordgren, Graf 9; Rep. Merry, Belk 2; Rep. Donovan, Sull 4; Rep. Millham, Belk 5; Rep. Batula, Hills 19

This bill establishes the New Hampshire telemedicine act, which requires insurance coverage for telemedicine services if the health care service would be covered by the insurer if it were provided through in-person consultation between the patient and provider.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT relative to insurance coverage for telemedicine services.

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

259:1 New Chapter; New Hampshire Telemedicine Act. Amend RSA by inserting after chapter 415-I the following new chapter:

415-J:1 New Hampshire Telemedicine Act. This chapter shall be known and may be cited as the New Hampshire telemedicine act.

I. “Health benefit policy” means any individual or group plan, policy, or contract for health care services issued, delivered, issued for delivery, executed, or renewed in this state, including, but not limited to, those contracts executed by the state of New Hampshire on behalf of state employees under RSA 21-I, by an insurer.

II. “Insurer” means an accident and sickness insurer, fraternal benefit society, hospital service corporation, medical service corporation, health care corporation, health maintenance organization, preferred provider organization, provider sponsored health care corporation, managed care entity, or any similar entity authorized to issue contracts under this title or to provide health benefit policies.

III. “Telemedicine,” as it pertains to the delivery of health care services, means the use of audio, video, or other electronic media for the purpose of diagnosis, consultation, or treatment. Telemedicine does not include the use of audio-only telephone or facsimile.

I. It is the intent of the general court to recognize the application of telemedicine for covered services provided within the scope of practice of a physician or other health care provider as a method of delivery of medical care by which an individual shall receive medical services from a health care provider without in-person contact with the provider.

II. An insurer offering a health plan in this state may not deny coverage on the sole basis that the coverage is provided through telemedicine if the health care service would be covered if it were provided through in-person consultation between the covered person and a health care provider.

III. Nothing in this section shall be construed to prohibit an insurer from providing coverage for only those services that are medically necessary and subject to the terms and conditions of the covered person’s policy.