Josh Kaywood's presentation from the 8/21 SE CAH Financial Improvement Collaborative

1. TELEHEALTH, PARITY &
THE INTERSTATE
REGULATORY
ENVIRONMENT
Joshua Kaywood

2. Introduction
• Name: Joshua Kaywood
• Company: WeCounsel Solutions
• Position: Director of Business Development
• Email: joshk@wecounsel.com
• Phone: (678) 779-4958

3. Agenda
• Current Status of Interstate Telehealth Regulation
• License Reciprocity in VA and Neighboring States
• Current Traction and the Future of Licensure Compact

4. Current Status of Interstate Telehealth
Regulation
1) Common Issues and Concerns
2) Landmark Decisions
1) Rules & Best Practices

5. Common Issues and Concerns
• Medical Board Jurisdiction and Obligation Resides Over
Their Residents
• Issues largely lay in Mental Health
• Client Temporary Travel
• Client Leaves State for a Significant Length of Time
• Out of State Resident

6. Landmark Decisions
• Hageseth v. Superior Court, 150 Cal.
• The first criminal prosecution of a provider for using telemedicine to
prescribe out of state
• Sentenced to Nine Months in Jail
• 2014 Pennsylvania Psychology Licensing Board Filed
Against Israeli Dr. For Providing Services

7. Rules & Best Practices
• Know Where Your Patient/Client Claims Residency
• Employ Providers Holding Licensure in Multiple States
• Leverage Out of State License Holders
• Seek Temporary Licensure in Other States
• Utilize Portability

8. License Reciprocity in Virginia’s Bordering
States
• Virginia
• Extends licensure reciprocity to bordering states.
• West Virginia
• Requires full license and allows P2P exemption
• Tennessee
• Qualifying out-of-state physician has the option of applying for a full
license or a telemedicine permit to practice in TN

9. License Reciprocity in Virginia’s Bordering
States
• North Carolina
• Requires full license and allows P2P exemption.
• Kentucky
• Requires full license and allows P2P exemption.
• Maryland
• Extends licensure reciprocity to bordering states.
• Washington DC
• Extends licensure reciprocity to bordering states.

10. FSMB Interstate Licensure Compact
• Passed Unanimously in April 2015 by Federation of State
Medical Boards House of Delegates
• Goal: To Enhance License Portability

11. FSMB Interstate Licensure Compact

12. Telemedicine for Medicare (TELE-MED)
Act of 2015
• Introduced in the US House of Representatives and the
Senate
• Would allow for Physicians that hold licenses in one state
to care for Medicare patients in any state without seeking
additional licensure
• Opposed by both the Federation of State Medical Boards
and the American Medical Association.

13. PSYPACT
• Approved This Month by the APA
• Allows for License Holding Psychologist to Easily Seek Licensure
in Compact States
• Needs Eight States to Sign for Validation
• Goal: To Enhance License Portability