Lobbyist Report

State Legislative Affairs - Lobbyist Report

Bret Marr - MiOTA Lobbyist

Current Legislative Watch:

TELEHEALTH: Statute: Michigan Compiled Laws, Public Health Code Sections 333.16283 – 16288 333.16283 Definitions. As used in this section and sections 16284 to 16288: (a) "Health professional" means an individual who is engaging in the practice of a health profession. (b) "Prescriber" means that term as defined in section 17708. (c) "Telehealth" means 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 may include, but is not limited to, telemedicine. As used in this subdivision, "telemedicine" means that term as defined in section 3476 of the insurance code of 1956, 1956 PA 218, MCL 500.3476. (d) "Telehealth service" means a health care service that is provided through telehealth. 333.16284 Telehealth service; consent required; exception. Except as otherwise provided in this section, a health professional shall not provide a telehealth service without directly or indirectly obtaining consent for treatment. This section does not apply to a health professional who is providing a telehealth service to an inmate who is under the jurisdiction of the department of corrections and is housed in a correctional facility. 333.16285 Telehealth service; prescribing patient with drug; conditions; requirements. (1) A health professional who is providing a telehealth service to a patient may prescribe the patient a drug if both of the following are met: (a) The health professional is a prescriber who is acting within the scope of his or her practice in prescribing the drug. (b) If the health professional is prescribing a drug that is a controlled substance, the health professional meets the requirements of this act applicable to that health professional for prescribing a controlled substance. (2) A health professional who prescribes a drug under subsection (1) shall comply with both of the following: (a) If the health professional considers it medically necessary, he or she shall provide the patient with a referral for other health care services that are geographically accessible to the patient, including, but not limited to, emergency services. (b) After providing a telehealth service, the health professional, or a health professional who is acting under the delegation of the delegating health professional, shall make himself or herself available to provide follow-up health care services to the patient or refer the patient to another health professional for follow-up health care services. 333.16286 Telehealth service; restrictions or conditions; findings by disciplinary subcommittee. In a manner consistent with this part and in addition to the provisions set forth in this part, a disciplinary subcommittee may place restrictions or conditions on a health professional's ability to provide a telehealth service if the disciplinary subcommittee finds that the health professional has violated section 16284 or 16285. 333.16287 Rules. The department, in consultation with a board, shall promulgate rules to implement sections 16284 and 16285.
333.16288 MCL 333.16284 to 333.16287; limitations. Sections 16284 to 16287 do not do any of the following: (a) Require new or additional third party reimbursement for health care services rendered by a health professional through telehealth. (b) Limit the provision of a health care service otherwise allowed by law. (c) Authorize a health care service otherwise prohibited by law.

DIRECT ACCESS: OT‘s have direct access in the state of Michigan; however this is based on additional rules and regulations set forth from each individual insurance company. Therefore, it is the responsibility of the OT provider to understand all requirements of the insurance provider BEFORE utilizing direct access.

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MiOTA Legislative Tracking Report
Muchmore, Harrington, Smalley & Associates, LLC (MHSA), the lobbying firm for MiOTA, continually tracks legislation to identify issues that may have an impact on the profession of occupational therapy in Michigan, the regulation of our practice or the provision of OT services to the citizens of our state. Click below to view the legislative report of issues to watch.

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