The health benefits landscape is undergoing significant changes. Recent developments in policy and legislation are poised to reshape the economic environment, affecting employer plan sponsors, insurance providers, third-party administrators, and those enrolled in employer-sponsored health plans.
US healthcare companies face challenges when offshoring due to stringent patient data privacy laws, including the Health Insurance Portability and Accountability Act and state-specific regulations that restrict data storage and access outside the United States. To mitigate risks, healthcare organizations should adopt best practices such as robust Business Associate Agreements and regular audits to ensure compliance with complex and evolving regulations.
Learn more about best practices for offshoring patient data here.
The One Big Beautiful Bill Act permanently extends the telehealth safe harbor for high-deductible health plans (HDHPs) for plan years beginning after December 31, 2024. This extension allows HDHPs to cover telehealth and remote care services at low or no cost, expanding access for millions of participants and encouraging digital health providers, insurers, and employers to reassess and update their offerings to meet the growing demand.
Learn more about the telehealth HDHP safe harbor extension here.
In this edition of Health Policy Breakroom, Sarah Raaii and Rachel Stauffer join Julia Grabo to explore a crucial virtual care provision from the recently enacted One Big Beautiful Bill Act, exploring its effects on patients, employers, and the broader landscape of virtual care policy.
Vermont’s governor recently signed S 30 into law. The legislation, which goes into effect on September 1, 2025, requires that health insurance plans provide coverage for healthcare and dental services delivered through telemedicine to the same extent as if the services were provided through in-person consultations. Health insurance plans must also provide the same reimbursement rate for services billed using equivalent procedure codes and modifiers, subject to the terms of the health insurance plan and provider contract, regardless of whether the service was provided in person or through telemedicine.
For more updates on state legislative and regulatory developments related to telehealth, check out the latest Trending in Telehealth published by the Health & Life Sciences Group.
In recent telehealth news, the governor of Mississippi has signed SB 2415 into law, which mandates that health insurance plans cover telemedicine services to the same extent as in-person consultations. The bill also requires that all health insurance and employee benefit plans in Mississippi reimburse out-of-network providers for telemedicine services under the same reimbursement policies applicable to other out-of-network providers.
Read more about other telemedicine-related legislative and regulatory developments in our monthly Trending in Telehealth report.
Over the past two months, the second Trump administration has shifted federal policies and priorities regarding abortion, in vitro fertilization (IVF), contraception, and other reproductive-health-related matters – and it is expected to continue to do so.
Meanwhile, new regulatory developments in this area at the state level are also ongoing. Many states now require that insurance plans provide some combination of fertility benefits, fertility preservation, and coverage for a number of IVF cycles. After July 1, 2025, all large employers in California must provide insurance coverage for fertility treatments, including coverage for unlimited embryo transfers and up to three retrievals.
Healthcare providers, payors, and other healthcare organizations should be aware of a recently announced, “first-of-its-kind” settlement between the Texas attorney general and a healthcare generative artificial intelligence (AI) company resolving allegations that the company made a series of false and misleading statements about the accuracy and safety of its AI products. The settlement highlights the potential for enforcement against companies that utilize AI in a healthcare setting under existing laws that are not specific to AI and the importance of exercising caution in developing claims about an AI product’s efficacy or performance.
In a consequential decision for Health Insurance Portability and Accountability Act (HIPAA)-regulated entities, on June 20, 2024, the US District Court for the Northern District of Texas ruled that the US Department of Health and Human Services Office for Civil Rights exceeded its authority in certain respects in sub-regulatory guidance. The guidance concerned HIPAA’s application to cookies and other online tracking technologies on HIPAA-regulated entities’ unauthenticated webpages.
In California, pending Assembly Bill 3129 could severely limit the ability of digital health companies to grow and operate in the state by prohibiting arrangements between physician, psychiatric, and dental practices and any entity that furnishes business or management services to providers that accept investments from private equity groups and hedge funds. The legislation’s current definition of private equity is arguably broad enough to capture venture capital funds, angel investors, family offices and even the innovation or investment arms of academic and nonprofit medical centers. Digital health companies based in California who provide benefits services should closely monitor the potential impact of this proposed legislation on their businesses.
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