The governor of Missouri signed SB579 into law on June 8, 2016, establishing a
new telemedicine policy for the state. The bill defines
"telehealth" and "telemedicine" as the delivery
of health care services by means of "information and
communication technologies," including the use of asynchronous
store-and-forward technology, to facilitate the assessment,
diagnosis, consultation, treatment, education, care management, and
self-management of a patient's health care while the patient is
at a location remote from the provider. Under the law, a licensed
health care provider can provide telehealth services to patients
under the same standard of care as services provided in person,
with no requirement for the originating site to maintain on-site
clinical staff during the encounter except as necessary to meet the
standards of care for treatment of the patient's medical
condition. In addition, the bill allows a physician–patient
relationship to be established by a telemedicine encounter if: (i)
the standard of care does not require an in-person encounter; (ii)
the technology utilized is sufficient to establish an informed
diagnosis as though a medical interview and physical examination
had been performed in person; and (iii) prior to providing
treatment, the physician interviews the patient, collects or
reviews relevant medical history, and performs an examination
sufficient for the diagnosis and treatment of the patient.
Importantly, a questionnaire completed by the patient via the
internet or telephone does not constitute an acceptable medical
interview. Likewise, no health care provider may prescribe any drug
or other treatment to a patient "based solely on an internet
request or internet questionnaire."
In addition, the bill amends various laws related to the provision
of services via telehealth for Missouri "HealthNet"
participants, including specifying eligible providers and
originating sites. The bill also addresses the use of asynchronous
store-and-forward technology in the provision of telehealth
services for HealthNet participants and establishes a statewide
home telemonitoring program for the HealthNet program.
This bill is substantially similar to Missouri HB1923 and SB621, discussed in previous Updates
(here and here).
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
