Washington State Enacts Telehealth Parity Law

In April, Washington state enacted legislation requiring coverage of medical services delivered through telehealth technology, making it the latest State to join the growing consensus that telehealth is an important component of efficiently delivering health care. Under Washington’s telehealth parity law, health plans will be required to cover a service delivered through “telemedicine” or “store and forward technology,” if the plan covers the service when delivered in person; the service is medically necessary; and the service is “recognized as an essential health benefit” under the Affordable Care Act. The legislation defines “telemedicine and “store and forward technology” as follows: "'Telemedicine' means the delivery of health care services through the use of interactive audio and video technology, permitting real-time communication between the patient at the originating site and the provider, for the purpose of diagnosis, consultation, or treatment. . . . '[T]elemedicine' does not include the use of audio-only telephone, facsimile, or e-mail."

As these definitions indicate, the legislation requires that the patient be located at an “originating site” – i.e., a medical facility such as a hospital or a physician’s office – for reimbursement for services provided through “store and forward technology.” No such requirement exists for coverage of “telemedicine.” In addition, the legislation specifies that services delivered through store and forward technology must involve “an associated office visit between the covered person and the referring health care provider,” though that visit can occur using telemedicine.