Great Plains TRC Jan. 2020 Legislative Update

Last Updated: January 31, 2020

The Great Plains Telehealth Resource Center provides telehealth technical assistance to the states of Wisconsin, Iowa, Minnesota, South Dakota, North Dakota, and Nebraska. A few notes about this report:

1. Bills are organized into specific telehealth "topic area". 2. The Fiscal Note (FN) Outlook: The left hand column indicates the bill's Pre-Floor Score, and the right hand column indicates the bill's actual Floor Score of the last chamber it was in (either Senate or House). 3. Regulations are listed at the end in order of their publication date. 4. If you would like to learn more about any piece of legislation or regulation, the bill numbers and regulation titles are clickable and link out to additional information.

Bills by Issue Bills by Status

Broadband 0 Cross-State Licensi… 5 5 Demonstrations, … 3 3 Medicaid Reimbur… 0 Medicare Reimbur… Network Adequacy 0 Online Prescribing 2 2 Other 6 6 Private Payer Rei… 2 2 17 - Introduced Provider-Patient R… 1 1 Regulatory, Licensi… 3 3 3 - Passed First Chamber Substance Use Dis… 1 1 - Passed Second Chamber 0 2.5 5 7.5

High Medium Low None

All Bills Cross-State Licensing (5)

State Bill Number Last Action Status Position Priority FN Outlook IA HF 2094 Subcommittee Bergan Bacon And James 2020 In House None None 4.0% 82.5% 01 23

Title Bill Summary: Enacts the Psychology Interjurisdictional Compact. A bill for an act adopting the psychology interjurisdictional compact.

Primary Sponsors Joe Mitchell State Bill Number Last Action Status Position Priority FN Outlook IA HSB 192 End Of 2019 Actions 2019 12 31 In House None None 4.0% 83.1%

Title Bill Summary: Adopts the emergency medical services interstate A bill for an act establishing an emergency medical services licensure compact. personnel licensure interstate compact. (See HF 694.)

Primary Sponsors Thomas Jeneary

State Bill Number Last Action Status Position Priority FN Outlook NE LB 753 Notice Of Hearing For January 22 2020 2020 01 In Legislature None None 0.0% 0.0% 14

Title Bill Summary: Adopts the Audiology and Speech-Language Adopt the Audiology and Speech-Language Pathology Interstate Pathology Interstate Compact and allow for the use of telehealth to Compact facilitate access to audiology and speech-language pathology services. Primary Sponsors Carol Blood

State Bill Number Last Action Status Position Priority FN Outlook SD SB 60 Scheduled For Hearing 2020 02 07 In Senate None None 96.1% 0.0%

Title Bill Summary: Adopts the Physical Therapy Licensure Compact Adopt the Physical Therapist Licensure Compact.

State Bill Number Last Action Status Position Priority FN Outlook WI AB 438 Referred To Committee On Rules 2020 01 28 In Assembly None None 16.7% 76.5%

Title Bill Summary: Ratifies the Physical Therapy Licensure Compact. ratification of the Physical Therapy Licensure Compact, extending the time limit for emergency rule procedures, providing an exemption from emergency rule procedures, and granting rule- making authority. (FE)

Description An Act to amend 49.45 (9r) (a) 7. b., 146.81 (1) (dg), 146.997 (1) (d) 4., 154.01 (3), 155.01 (7), 252.14 (1) (ar) 4e., 440.03 (9) (a) (intro.), 440.03 (9) (a) 2., 440.03 (13) (b) (intro.), 440.15, 446.01 (1v) (d), 448.50 (3) and (3m), 448.51, 448.56 (2), 448.565, 448.57 (2) (intro.), (c), (d) and (e), (4) and (5), 448.956 (1m) and (4), 450.10 (3) (a) 5., 451.02 (1) and 462.04; to repeal and recreate 440.03 (13) (b) (intro.) and 440.15; and to create 14.88, 440.03 (11m) (c) 2m., 448.50 (1n) and (1o), subchapter IX of chapter 448 [precedes 448.985] and 448.986 of the statutes;

Primary Sponsors Rob Stafsholt, Steve Doyle, Gae Magnafici, Cody Horlacher, Jimmy Anderson, David Bowen, Barbara Dittrich, Mary Felzkowski, Rick Gundrum, Dan Knodl, Deb Kolste, Tony Kurtz, Warren Petryk, Mark Spreitzer, Chris Taylor, Ron Tusler, Nancy VanderMeer, Don Vruwink Demonstrations, Grants & Pilot Projects (3)

State Bill Number Last Action Status Position Priority FN Outlook NE LB 654 Title Printed Carryover Bill 2020 01 08 In Legislature None None 0.0% 0.0%

Title Bill Summary: Directs the Department of Health and Human Services Provide for a type 1 diabetes pilot study to administer a grant for a type 1 diabetes pilot study that will, among other things, test the impact of telehealth communication on patient Primary Sponsors health outcomes. Justin Wayne

State Bill Number Last Action Status Position Priority FN Outlook NE LB 917 Referred To Health And Human Services In Legislature None None 0.0% 0.0% Committee 2020 01 13

Title Bill Summary: Establishes a diabetes pilot study to identify ways to Provide for a diabetes pilot study reduce the financial cost of diabetes to the medical assistance program. The grant recipient must, among other responsibilities, test the Primary Sponsors hypothesis that the integration of technology into the case management Justin Wayne protocol of a patient with diabetes in the medical assistance program, including telehealth, will lead to improved health outcomes and decreased health care costs.

State Bill Number Last Action Status Position Priority FN Outlook SD HB 1090 First Read In House And Referred To Joint In House None None 93.7% 0.0% Committee On Appropriations H J 62 2020 01 27

Title Bill Summary: Appropriates $418,000, or another amount as necessary, Make an appropriation to evaluate the feasibility of the use of to the Unified Judicial System for purposes of evaluating the feasibility telehealth services within the criminal justice system and to declare of the use of telehealth services within the criminal justice system, an emergency. including the use of telehealth for mental health assessments and services in jails, crisis consultations for law enforcement, crisis response for people who have encounters with law enforcement, probation and parole mental health services, and to provide statewide training related to mental health services for the criminal justice population.

Online Prescribing (2)

State Bill Number Last Action Status Position Priority FN Outlook IA SF 399 End Of 2019 Actions 2019 12 31 In Senate None None 2.6% 78.7%

Title Bill Summary: Removes limitations to issuing a special or limited use A bill for an act relating to telepharmacy licensing requirements. pharmacy license to a proposed telepharmacy site. (See SF 536.)

Primary Sponsors Mariannette Miller-Meeks State Bill Number Last Action Status Position Priority FN Outlook IA SF 536 End Of 2019 Actions 2019 12 31 In House None None 5.6% 63.4%

Title Bill Summary: Removes distance and geographic restrictions A bill for an act relating to telepharmacy licensing requirements. related to the establishment of a telepharmacy site. (Formerly SF 399.)

Primary Sponsors Mariannette Miller-Meeks

Other (6)

State Bill Number Last Action Status Position Priority FN Outlook IA HF 211 End Of 2019 Actions 2019 12 31 In House None None 4.7% 79.7%

Title Bill Summary: Requires University of Iowa hospitals and clinics which A bill for an act relating to the provision of health care services via provide health care services to patients at the civil commitment unit for telehealth for the civil commitment unit for sexual offenders. (See sexual offenders (CCUSO) to utilize telehealth instead of in-person HF 422.) delivery to the greatest extent medically appropriate. Requires CCUSO to report any cost or staff savings. Primary Sponsors Jim Carlin, Brian Best

State Bill Number Last Action Status Position Priority FN Outlook IA SSB 1240 None None None 3.0% 78.5%

Title Bill Summary: Establishes criteria for delivering behavioral health A bill for an act relating to the provision of behavioral health services via telemedicine in school-based settings. services including via telemedicine in a school setting.

Primary Sponsors Senate Committee on Human Resources

State Bill Number Last Action Status Position Priority FN Outlook NE LB 710 Title Printed Carryover Bill 2020 01 08 In Legislature None None 0.0% 0.0%

Title Bill Summary: Allocates a percentage of State tax revenue towards Change provisions relating to tobacco including sales, crimes, a tax telehealth services. increase, and distribution of funds

Primary Sponsors Machaela Cavanaugh

State Bill Number Last Action Status Position Priority FN Outlook SD SB 1 Referred To House Health And Human In House None None 95.2% 0.0% Services H J 105 2020 01 30

Title Bill Summary: Permits the delivery of emergency intervention Provide for the use of electronic communication in the involuntary examinations by a qualified mental health professional to be delivered commitment process and to declare an emergency. either in person or through real-time interactive audio and video. State Bill Number Last Action Status Position Priority FN Outlook WI AB 654 Received From Assembly 2020 01 22 In Senate None None 38.8% 65.1%

Title Bill Summary: Requires the Department of Corrections to expand expanding telehealth mental health treatment to offenders under telehealth mental health treatment to offenders under community community supervision. (FE) supervision in division of community corrections regions 4, 6, and 8.

Description An Act

Primary Sponsors Rob Brooks, Michael Schraa, David Bowen, Joan Ballweg, Mark Born, Barbara Dittrich, Jodi Emerson, Cody Horlacher, Dan Knodl, Bob Kulp, John Nygren, Jon Plumer, Romaine Quinn, Timothy Ramthun, Mike Rohrkaste, John Spiros, Ron Tusler

State Bill Number Last Action Status Position Priority FN Outlook WI SB 593 Public Hearing Held 2020 01 23 In Senate None None 14.6% 74.4%

Description An Act

Primary Sponsors Alberta Darling, Dan Feyen, Luther Olsen, Van Wanggaard

Private Payer Reimbursement (2)

State Bill Number Last Action Status Position Priority FN Outlook IA HF 2001 Subcommittee Recommends Passage 2020 01 In House None None 3.8% 81.6% 27

Title Bill Summary: Requires a health carrier to reimburse health care A bill for an act relating to reimbursement rates for health care professionals for health care services provided to covered persons by services provided to covered persons by telehealth and including telehealth on the same basis and at the same rate as the health carrier applicability provisions.(See HF 2192.) would apply to the same health care services provided in person.

Primary Sponsors Joel Fry State Bill Number Last Action Status Position Priority FN Outlook NE LB 760 Notice Of Hearing For February 03 2020 2020 In Legislature None None 0.0% 0.0% 01 27

Title Bill Summary: Requires private insurers offering coverage of benefits on Require health carriers to provide coverage for asynchronous or after January 1, 2021 to include coverage for telehealth benefits in the review by a dermatologist by way of telehealth same manner as any other benefits covered under the policy, certificate, contract, or plan and must comply with the provisions regarding Primary Sponsors asynchronous review by a dermatologist. Insurers may not exclude Mark Kolterman asynchronous review by a dermatologist from coverage solely because the service is delivered through telehealth and not through in-person consultation or contact between a licensed health care provider and a patient. Insurers must reimburse health care providers for asynchronous review by a dermatologist delivered through telehealth on the same basis and at the same rate as the insurer would apply to those services if the services had been delivered in person.

Provider-Patient Relationship (1)

State Bill Number Last Action Status Position Priority FN Outlook IA SF 2100 Subcommittee Sweeney Celsi And Johnson In Senate None None 4.2% 78.7% 2020 01 30

Title Bill Summary: Provides for the delivery of behavioral health services A bill for an act relating to the provision of behavioral health provided via telemedicine in a school setting. Permits the services including via telemedicine in a school setting. establishment of a provider-patient relationship for services provided via telemedicine in a school setting. Primary Sponsors Mariannette Miller-Meeks

Regulatory, Licensing & Advisory Boards (3)

State Bill Number Last Action Status Position Priority FN Outlook IA SF 399 End Of 2019 Actions 2019 12 31 In Senate None None 2.6% 78.7%

Primary Sponsors Mariannette Miller-Meeks

State Bill Number Last Action Status Position Priority FN Outlook SD HB 1005 Signed By The President S J 122 2020 01 30 Passed Senate None None 95.8% 0.0%

Title Bill Summary: Specifies that telehealth does not include the Revise certain provisions regarding the use of telehealth delivery of health care services under the provisions of chapter technologies. 27A-10, for emergency commitment of dangerously ill persons. State Bill Number Last Action Status Position Priority FN Outlook SD SB 1 Referred To House Health And Human In House None None 95.2% 0.0% Services H J 105 2020 01 30

Substance Use Disorder (1)

State Bill Number Last Action Status Position Priority FN Outlook IA HF 722 End Of 2019 Actions 2019 12 31 In House None None 3.3% 84.1%

Title Bill Summary: Permits a preapplication screening assessment A bill for an act relating to the voluntary or involuntary related to the involuntary commitment or treatment of a person commitment or hospitalization of a person with a serious mental with a substance-related disorder to be delivered through impairment or a substance-related disorder. (Formerly HF 619.) telehealth, if available.

Primary Sponsors Michael Bergan gpTRAC Regulatory Tracking Jan 31, 2020 Total State Regs Exported : 8