On July 6, 2020, Gov. Jared Polis signed into law a new bill regarding Telehealth services in Colorado. This New Colorado Telehealth Law limits the ability of private health insurers to impose restrictions on access to Telehealth services during and after the COVID‐19 crisis. Some significant takeaways from this bill are outlined below; for more information or advice on how this could impact your medical practice, contact us at Sequoia Legal.
- Private insurers cannot impose specific requirements or limitations on Telehealth services as long as those Telehealth services comply with HIPAA.
- In other words, if your Telehealth service complies with HIPAA, insurance companies cannot restrict payment based on your compliance with regulations imposed by the insurance company.
- Private insurers cannot restrict access to Telehealth services by requiring a covered person to have an established doctor‐patient relationship with a specific provider in order to get medically necessary Telehealth services from that provider.
- In other words, insurance companies cannot exclude new Telehealth patients from coverage for Telehealth services; anyone can initiate Telehealth services even if they have not seen that particular provider before.
- Private insurers cannot condition payment for Telehealth services on additional certification, location, or training requirements applicable to providers.
- All Telehealth services, including mental health services, are held to the same standard of care as in‐person visits.
For more information on this or other legal issues, contact us at Sequoia Legal.
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