On December 6, 2016, the Michigan House unanimously passed Senate Bill 753, which incorporates provisions related to telehealth into the Michigan Public Health Code (the “Code”). The bill adds six sections to the Code to permit health professionals to provide telehealth services after obtaining informed consent from patients. Additionally, the bill sets standards for drug prescription and the provision of telehealth services.
The bill defines “telehealth” as the “use of electronic information and telecommunication technologies to support or promote long-distance clinical health care, patient and professional health-related education, public health, or health administration.” Telehealth includes, but is not limited to, telemedicine. Section 3476 of the Michigan Insurance Code previously defined “telemedicine” as the “use of electronic media to link patients with health care professionals in different locations” and required that the health care professional “must be able to examine the patient via a real-time, interactive audio or video, or both, telecommunications system and the patient must be able to interact with the off-site health care professional at the time the services are provided.”
Prior to providing telehealth services, new Section 16284 of the Code requires health professionals to directly or indirectly obtain consent for telehealth treatment from patients. After receiving informed consent, health professionals providing telehealth services may also prescribe non-controlled substances if the health professionals are authorized to prescribe such drugs in person. The informed consent requirement does not apply to health professionals providing telehealth services to inmates.
The Michigan House Committee stated that the bill is intended to be the foundation for the practice of telemedicine in Michigan. The United States Department of Justice sent a letter in support of the bill, stating that it “has the potential to enhance consumer options and improve health care competition for services appropriately offered through telehealth because it covers a broader range of services than existing law and limits or avoids certain unnecessary barriers to care.”
The new provisions are set to take effect 90 days after the date they are enacted. Hall Render will continue to provide timely updates on this matter.
If you have questions or would like additional information about this topic, please contact:
- Matthew W. Decker at (248) 457-7867 or mdecker@hallrender.com;
- Andrea B. Anantharam at (248) 457-7822 or aanantharam@hallrender.com; or
- Your regular Hall Render attorney.
Please visit the Hall Render Blog at http://blogs.hallrender.com/ for more information on topics related to health care law.
