Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

New Jersey Lawmakers Greenlight Telemedicine

Author: Scarinci Hollenbeck, LLC

Date: July 19, 2017

Key Contacts

Back

New Jersey Legislature approved legislation that would authorize health care providers to provide health care via Telemedicine and Telehealth 

New 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.

New Jersey Lawmakers Greenlight Telemedicine
Photo courtesy of Stocksnap.io

“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 Trend

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 (as adopted)

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:

  • Health care providers using telemedicine or telehealth would be authorized to use “asynchronous store-and-forward technology” to allow for the electronic transmission of images, diagnostics, data, and medical information. 
  • Prior to treatment, a health care provider must establish a proper patient-provider relationship with the patient. Establishing this relationship includes, but is not be limited to: (1) properly identifying the patient using certain patient identifiers, including, at a minimum, the patient’s name, date of birth, phone number, address, and social security number, whenever possible; (2) disclosing and validating the provider’s identity and credentials; (3) reviewing the patient’s medical history and any available medical records; and (4) determining whether the provider will be able to provide the appropriate standard of care using telemedicine and telehealth as would be provided in an inpatient setting. Exceptions include informal consultations without compensation and emergency situations.
  • Schedule II controlled dangerous substances may be prescribed through the use of telemedicine only after the provider conducts an initial in-person examination of the patient.  Subsequent in-person visits with the patient will be required every three months for the duration of time that the patient is being prescribed the Schedule II controlled dangerous substance. 
  • Professional licensing and certification boards will be required to adopt rules and regulations, which will be applicable to the health care providers under their respective jurisdictions, in order to implement the provisions of the bill and facilitate the provision of telemedicine and telehealth services. 
  • Each telemedicine or telehealth organization operating in the State must annually register with the Department of Health (DOH) and submit an annual report to DOH in a manner as determined by the commissioner.  A telemedicine or telehealth organization that fails to register or that fails to submit the annual report will be subject to disciplinary action.

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.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
IP Infringement: What Steps Can You Take If You're Affected? post image

IP Infringement: What Steps Can You Take If You're Affected?

IP infringement occurs when someone uses your intellectual property without your permission or beyond the scope of the permission you granted. Common examples of IP infringement include copying a product’s patented features or using a trademarked logo in a way that is likely to confuse consumers about the source or affiliation of goods or services. […]

Author: Michael Mietlicki

Link to post with title - "IP Infringement: What Steps Can You Take If You're Affected?"
Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next post image

Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next

When facing public allegations of wrongdoing, companies should not let the speed of the public conversation dictate the speed of an investigation. An investigation designed to confirm a preferred narrative rather than establish the facts can create serious problems later, particularly if litigation, regulatory scrutiny, or employment claims follow. Key Takeaways When public allegations surface […]

Author: Sean M. Pena

Link to post with title - "Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next"
BESS Interconnection: Managing Grid, Cost, and Schedule Risk post image

BESS Interconnection: Managing Grid, Cost, and Schedule Risk

For battery energy storage system (BESS) developers, securing equipment and site control is only part of the development equation. A project must also connect to the electric grid, and increasingly, BESS interconnection is one of the biggest sources of schedule, cost, and contractual risk. Key Takeaways This article is Part 3 of our Battery Storage […]

Author: Nicholas Wall

Link to post with title - "BESS Interconnection: Managing Grid, Cost, and Schedule Risk"
Navigating Director and Officer Liability in Times of Financial Distress post image

Navigating Director and Officer Liability in Times of Financial Distress

Director and officer liability increases sharply when a company is in financial distress. Decisions that would draw little attention in a healthy business can later be challenged by creditors, shareholders, bankruptcy trustees, and regulators as breaches of fiduciary duty, fraudulent transfers, or oversight failures. Understanding where that exposure comes from, and how to manage it, […]

Author: Michael Mietlicki

Link to post with title - "Navigating Director and Officer Liability in Times of Financial Distress"
Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey post image

Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey

For developers pursuing battery energy storage system (BESS) projects, finding the right property is only the beginning. BESS site selection is as much a legal and transactional exercise as a real estate decision, with risk analysis central to the project’s ultimate success. Key Takeaways The core questions for BESS site selection in New York and […]

Author: Nicholas Wall

Link to post with title - "Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey"
What Business Owners Get Wrong Before Meeting a Litigation Attorney post image

What Business Owners Get Wrong Before Meeting a Litigation Attorney

What should you expect when meeting a litigation attorney about a business dispute? You should expect to describe the dispute in your own words, hand over the most important documents, flag any deadlines or immediate threats, and leave with a clearer picture of the problem, what information is still needed, and the likely next steps. […]

Author: Michael Mietlicki

Link to post with title - "What Business Owners Get Wrong Before Meeting a Litigation Attorney"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!