Florida Senate Passes Bill Allowing Audio-Only Telehealth Use

The Florida Senate has passed a bill that newly classifies audio-only telehealth as an acceptable care delivery modality in the state.

Senate Bill 312 (SB 312) is sponsored by Sen. Manny Diaz, Jr. (R), who represents the 36th district of Florida. The measure was first introduced in September 2021.

SB 312 includes an updated definition of telehealth that allows healthcare professionals to use telephone visits for virtual care.

The previous definition stated that “the term [telehealth] does not include audio-only telephone calls, e-mail messages, or facsimile transmissions.” The new bill has stricken audio-only calls from this statement, indicating that the modality is now considered a part of the term ‘telehealth’ in Florida.

The COVID-19 pandemic highlighted the benefits of using audio-only telehealth, especially for underserved or low-income populations who may not have access to internet or devices with camera abilities.

Studies have shown that offering an audio-only option for telehealth services, such as remote patient monitoring, can help increase access to care for certain populations.

States implemented temporary waivers during the pandemic that offered coverage for audio-only telehealth services, which led to increased access to behavioral healthcare services in particular.

As of November 2021, 18 states had enacted policies that made audio-only telehealth coverage permanent. Last December, Washington State finalized regulations that require payers to reimburse providers for audio-only telehealth services at the same rate as in-person care, starting Jan. 1, 2023.

For the states that have yet to solidify audio-only coverage, experts have recommended that policymakers consider the benefits of the care modality and use that information to guide their decisions about permanent changes.

In addition to allowing audio-only telehealth in Florida, SB 312 includes provisions regarding medication prescribing via telehealth.

The bill states that providers cannot use telehealth to prescribe controlled substances listed in Schedule II of Florida Statue 893.03 unless the substance is being used to treat a psychiatric disorder or for treatment of a patient receiving hospice services. Providers may also prescribe these substances virtually if they are being used to treat a patient at certain licensed hospitals or if they are a resident in a nursing home facility.

The bill is set to take effect on July 1.

A similar bill in Florida, House Bill 17 (HB 17), was recently approved by the Health and Human Services Committee and is awaiting a vote on the House floor. The bill includes the telehealth medication prescribing provisions but does not include the audio-only telehealth allowance.