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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsFebruary 2016

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(18 Del.C. §§311, 3370, & 3571R)
Proposed Regulation 1409 relating to Insurance Coverage for Telemedicine and Telehealth was published in the Delaware Register of Regulations on December 1, 2015. The comment period remained open until December 31, 2015. There was no public hearing on proposed Regulation 1409. Public notice of the proposed Regulation 1409 was published in the Register of Regulations in conformity with Delaware law.
1. 18 Del.C. §§311, 3370, and 3571R require a regulation to set forth rules and procedural requirements which the Commissioner deems necessary to carry out the provisions of the Code.
Based on the provisions of 18 Del.C. §§311, 3370, and 3571R; and 29 Del.C. Ch. 101, and the record in this docket, I hereby adopt proposed Regulation 1409 as may more fully and at large appear in the version attached hereto to be effective 10 days after being published as final.
The text of proposed Regulation 1409 last appeared in the Register of Regulations Vol. 19, Issue 6, pages 469-471.
IT IS SO ORDERED this 1st day of February, 2016.
This regulation is adopted by the Commissioner pursuant to the authority granted by 18 Del.C. §§311, 3370 and 3751R and is promulgated in accordance with 29 Del.C. Chapter 101.
Distant site” means a site at which a health care provider legally allowed to practice in the state is located while providing health care services by means of telehealth.
Originating site” means a site in Delaware at which a patient is located at the time health care services are provided to him or her by means of telehealth, unless the term is otherwise defined with respect to the provision in which it is used; provided, however, notwithstanding any other provision of law, insurers and providers may agree to alternative siting arrangements deemed appropriate by the parties.
Store and forward transfer” means the transmission of a patient’s medical information either to or from an originating site or to or from the provider at the distant site, but does not require the patient being present nor must it be in real time.
Telehealth” means the use of information and communications technologies consisting of telephones, store and forward transfers, remote patient monitoring devices or other electronic means which support clinical health care, provider consultation, patient and professional health-related education, public health, and health administration services.
"Telemedicine" means a form of telehealth which is the delivery of clinical health-care services by means of real time 2-way audio, visual, or other telecommunications or electronic communications, including the application of secure video conferencing or store and forward transfer technology to provide or support health-care delivery, which facilitate the assessment, diagnosis, consultation, treatment, education, care management and self-management of a patient's health care by a health-care provider practicing within his or her scope of practice as would be practiced in-person with a patient, and legally allowed to practice in the State, while such patient is at an originating site and the health-care provider is at a distant site.
This regulation shall become effective [on February _ _, 2016 ten (10) days after being published as a final regulation].
Last Updated: December 31 1969 19:00:00.
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