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Author: Scarinci Hollenbeck, LLC
Date: July 19, 2017
The Firm
201-896-4100 info@sh-law.comNew Jersey doctors may no longer need to be in the same physical place as their patients in order to provide medical care. The New Jersey Legislature recently approved legislation that would authorize health care providers to remotely provide health care services to patients through the use of telemedicine and telehealth.
“The benefits of telemedicine are enormous,” Assemblywoman Pamela Lampitt, who sponsored the bill, said in a statement. “It will make it quicker and easier to access treatment, drive up practices, lower costs and, most importantly, make sure patients get the treatment they need, when they need it.”
Telemedicine uses telecommunication and information technologies to provide clinical health care outside traditional medical facilities. Examples include writing a prescription after communicating with a patient via email, remotely monitoring vital signs, and providing mental health counseling via video conferencing. By making care more convenient and less costly, telemedicine has the potential to dramatically change the medical field.
Because it differs from traditional medical care, telemedicine raises unique liability and patient safety concerns. In response, nearly 30 states across the country have adopted statutes that expressly regulate telemedicine. Many more states are in the process of adopting such laws.
Senate Bill 291 defines “telemedicine” as the delivery of a health care service using electronic communications, information technology, or other electronic or technological means to bridge the gap between a health care provider who is located at a distant site and a patient who is located at an originating site, either with or without the assistance of an intervening health care provider. Meanwhile, “telehealth” means the use of information and communications technologies, including telephones, remote patient monitoring devices, or other electronic means, to support clinical health care, provider consultation, patient and professional health-related education, public health, health administration, and other services.
Under the proposed telemedicine regulation, treatment and consultation recommendations made through the use of telemedicine or telehealth would be subject to the same practice standards as are applicable to in-person settings. In addition, health insurance companies would be required to provide coverage and payment for services provided through telemedicine at least at the same rate as services provided in-person.
The bill also mandates that any health care provider who uses telemedicine or engages in telehealth while providing health care services to a patient must be validly licensed, certified, or registered to provide such services in the State of New Jersey; act in compliance with existing requirements regarding the maintenance of liability insurance; and remain subject to New Jersey jurisdiction if either the patient or the provider is located in New Jersey at the time services are provided.
Below are several other key provisions of the telemedicine law:
Telemedicine has the potential to benefit medical care providers and patients. We continue to track the progress of SB 291 and post updates here.
Do you have any questions? Would you like to discuss the matter further? If so, please contact me, Jeffrey Cassin, at 201-806-3364.
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