Indiana Senate Bill 3 Becomes Public Law

On April 20, 2021, Indiana’s Governor Holcomb, signed into law SEA3 (Senate Enrolled Act), a telehealth bill. The bill cleans up some of the standards in previous Indiana laws. 

Below are just some of the details of Indiana’s latest telehealth updates.  

*Changes the term ‘telemedicine’ to ‘telehealth’. 
*Expands the application of the telehealth statute to additional licensed practitioners instead of applying only to prescribers.
**List of providers: athletic trainer, chiropractor, dental hygienist, dentist, diabetes educator, dietitian, genetic counselor, physician, nurse, occupational therapist, behavioral health and human services professional, optometrist, pharmacist, physical therapist, physician assistant, podiatrist, psychologist, respiratory care practitioner, speech-language pathologist or audiologist. 

Provides that a practitioner who directs an employee to perform a specified health service is held to the same standards of appropriate practice as those standards for health care services provided at an in-person setting. Requires that the telehealth medical records be created and maintained under the same standards of appropriate practice for medical records for patients in an in-person setting. (In compliance with HIPAA)

Specifies that a patient waives confidentiality of medical information concerning individuals in the vicinity when the patient is using telehealth. 

Per federal law guidelines (2020), Prohibits the Medicaid program from specifying originating sites and distant sites for purposes of Medicaid reimbursement. Thanks, in part, to the significant updates due to the Public Health Emergency the federal government instituted. 

This new law also repeals the law concerning telepsychology (put in place 2 sessions ago).

And, lastly, it prohibits an employer from requiring a practitioner to provide a health care service through telehealth if the practitioner believes: (1) that health quality may be negatively impacted; or (2) the practitioner would be unable to provide the same standards of appropriate practice as those provided in an in-person setting. Provides that an applicable contract, employment agreement, or policy to provide telehealth services must explicitly provide that a practitioner may refuse at any time to provide health care services if in the practitioner’s sole discretion the practitioner believes: (1) that health quality may be negatively impacted; or (2) the practitioner would be unable to provide the same standards of appropriate practice as those provided in an in-person setting.

Now, please keep in mind these are just the highlights of what the new telehealth law denotes. However, these changes certainly help open opportunities for many of Indiana’s healthcare providers.