2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 7 - POLICIES AND POLICYHOLDERS 33|373 (§§ 56-7-NEW — 56-7-3722) › Part 10 - HEALTH AND ACCIDENT INSURANCE (§§ 56-7-NEW — 56-7-1019) › Section 56-7-1002 - Telehealth services

(a)
As used in this section:
(1)
"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;
(2)
"Healthcare services" has the same meaning as defined in §
56-61-102
;
(3)
"Healthcare services provider" means an individual acting within the scope of a valid license issued pursuant to title 63 or any state-contracted crisis service provider employed by a facility licensed under title 33;
(4)
"Originating site" means the location where a patient is located pursuant to subdivision (a)(7)(A) and that originates a telehealth service to another qualified site;
(5)
"Qualified site" means the 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, any facility licensed under title 33, or any other location deemed acceptable by the health insurance entity;
(6)
"Store-and-forward telemedicine services":
(A)
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
(B)
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;
(7)
"Telehealth":
(A)
Means the use of real-time, interactive audio, video telecommunications or electronic technology, or store-and-forward telemedicine services by a healthcare services provider to deliver healthcare services to a patient within the scope of practice of the healthcare services provider when:
(i)
Such provider is at a qualified site other than the site where the patient is located; and
(ii)
The patient is at a qualified site, at a school clinic staffed by a healthcare services provider and equipped to engage in the telecommunications described in this section, or at a public elementary or secondary school staffed by a healthcare services provider and equipped to engage in the telecommunications described in this section; and
(B)
Does not include:
(i)
An audio-only conversation;
(ii)
An electronic mail message; or
(iii)
A facsimile transmission; and
(8)
"Telehealth provider" means a healthcare services provider engaged in the delivery of healthcare services through telehealth.
(b)
Healthcare services provided through a telehealth encounter shall comply with state licensure requirements promulgated by the appropriate licensure boards. Telehealth providers shall be held to the same standard of care as healthcare services providers providing the same healthcare service through in-person encounters.
(c)
A telehealth provider who seeks to contract with or who has contracted with a health insurance entity to participate in the health insurance entity's network shall be subject to the same requirements and contractual terms as a healthcare services provider in the health insurance entity's network.
(d)
Subject to subsection (c), a health insurance entity:
(1)
Shall provide coverage under a health insurance policy or contract for covered healthcare services delivered through telehealth;
(2)
Shall reimburse a healthcare services provider for the diagnosis, consultation, and treatment of an insured patient for a healthcare service covered under a health insurance policy or contract that is provided through telehealth 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;
(3)
Shall not exclude from coverage a healthcare service solely because it is provided through telehealth and is not provided through an in-person encounter between a healthcare services provider and a patient; and
(4)
Shall reimburse healthcare services providers who are out-of-network for telehealth care services under the same reimbursement policies applicable to other out-of-network healthcare services providers.
(e)
A health insurance entity shall provide coverage for healthcare services provided during a telehealth 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 telehealth 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.
(f)
[Deleted by 2020 (2nd Ex. Sess.) amendment.]
(g)
Any provisions not stipulated by this section shall be governed by the terms and conditions of the health insurance contract.
(h)
Telehealth is subject to utilization review under the Health Care Service Utilization Review Act, compiled in chapter 6, part 7 of this title.
(i)
(1)
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.
(2)
This section does apply to the basic health plans authorized under title 8, chapter 27, parts 1, 2, 3, and 7.
(j)
A health insurance entity shall reimburse an originating site hosting a patient as part of a telehealth encounter an originating site fee in accordance with the federal centers for medicare and medicaid services telehealth services rule
42 C.F.R. § 410.78
and at an amount established prior to August 20, 2020, by the federal centers for medicare and medicaid services.
(k)
(1)
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.
(2)
As used in subdivision (k)(1):
(A)
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
(B)
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:
(i)
In accordance with generally accepted standards of medical practice;
(ii)
Clinically appropriate, in terms of type, frequency, extent, site and duration; and considered effective for the patient's illness, injury or disease; and
(iii)
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 excluding any costs paid pursuant to subsection (j).
(3)
This section does not require a health insurance entity to provide coverage for healthcare services delivered by means of telehealth if the applicable health insurance policy would not provide coverage for the same healthcare services if delivered by in-person means.
(4)
This section does not require a health insurance entity to reimburse a healthcare services provider for healthcare services delivered by means of telehealth 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.
Amended by 2020EX2 Tenn. Acts, ch. 4, Secs.s1, s2, s3, s4, s5 eff. 8/20/2020.
Amended by 2017 Tenn. Acts, ch. 130, s 1, eff. 4/17/2017.
Amended by 2016 Tenn. Acts, ch. 990, Secs.s 2, s 3 eff. 1/1/2017.
Amended by 2016 Tenn. Acts, ch. 990, s 1, eff. 1/1/2017.
Amended by 2014 Tenn. Acts, ch. 675, s 1, eff. 1/1/2015.