ERIC’s COVID-19 State Telehealth Policy Priorities

As the COVID-19 crisis unfolds, ERIC and our large employer member companies are advocating to improve telehealth for patients by allowing doctors from any state to treat patients from any state, as well as eliminate burdensome state rules (such as requiring the first visit to be in person, video-only mandates, and other barriers to care). Congress has not yet addressed these barriers in federal legislation, and ERIC continues to work for a federal solution. However, ERIC is also working state-by-state to streamline and improve telehealth.

Beginning in 2015, ERIC’s telehealth priority in state legislation has been advocating for 24-hour access to first-rate health care for workers and their families, regardless of where they live, delivered in the most appropriate model possible. For high-quality telehealth services to be widely available and accessible, telehealth needs to develop without regulatory barriers that limit availability. Now more than ever, is it vital to ensure states consider and quickly adopt legislation for the health and safety of ERIC member company employees and beneficiaries.

Our model legislation includes:

  • Specifically allow telehealth to establish a patient-provider relationship
  • Apply the same standard of care to in-person visits and telehealth visits
  • Encourage interstate practice among providers, including recognizing reciprocity for out-of-stateproviders, and signed interstate compacts that do the same
  • Promote coordination between the patient’s telemedicine provider and primary care provider
  • Define “telehealth” and “telemedicine” to broadly include all types of care that use technology to connecta provider in one location and a patient in a different location
  • Apply the same informed consent requirements to in-person visits and telehealth visits
  • Allow prescribing via telemedicine
  • Do not require patients to travel to specific “originating sites” to access telehealth services
  • Do not mandate reimbursement levels for telehealth visits compared to in-person visits

Recognizing the need for consistent telehealth policies around the country that do not create unnecessary barriers to health care services, ERIC is leading a nationwide initiative to promote policies that maximize the benefits of this modern, innovative health care delivery tool. Consistent state rules, including broad definitions of telehealth and telehealth technologies, are important to the ability of large employers to offer this service to employees living and working across the country.