As if telemedicine companies didn’t already have enough regulatory complexities, a number of states have begun to implement “telemedicine business registrations” prior to launching services in new states. Among them is Mississippi, which requires telemedicine companies to obtain such a registration prior to delivering care to patients located in the Magnolia State.
Mississippi is neither the first nor the only state to create a telehealth registration requirement. A number of other states, including Alaska and New Jersey, have current or pending requirements for telemedicine companies to register.
Where are the Telemedicine Registration Requirements?
The requirements are contained in Mississippi’s telemedicine practice standards. Each provider entity/organization delivering telehealth services to Mississippi patients is required to submit a registration application to the Department of Health’s Office of Licensure every two years, along with additional information and documentation regarding the provider entity/organization and the services it provides.
Who Must Register?
The regulations apply to all “provider entity/organizations” offering telehealth services to patients in the State of Mississippi. A provider/entity organization is defined as “organizations, institutions, and business entities, including online service entities,” and “telehealth” is defined as “the use of technology to deliver healthcare.” Telehealth includes telemedicine (“the delivery of healthcare services such as diagnosis, consultation, and treatment through the use of interactive audio, video, or other electronic media”), mHealth, eHealth, and tele-education.
How Do Telemedicine Companies Register?
Provider/entity organizations must register with the Department of Health before delivering services to patients located in Mississippi. The Department will issue a registration for the entity if the following requirements are met:
- The entity submits a complete and accurate registration application to the Department. The required fields on the registration application include:
- Name of the provider/entity organization.
- Name, email address, and telephone number of the provider entity/organization’s owner.
- Physical and mailing address of the provider/entity organization.
- Name, profession and license number of all individual health professionals providing telemedicine services to Mississippi patients on behalf of the provider/entity organization.
- Category (or categories) of telemedicine services the provider/entity organization will provide (including live audio/video real time, store and forward, remote patient monitoring, audio only, test only, and/or other services (to be specified)).
- Affirmation the provider/entity organization is registered to do business with the Mississippi Secretary of State.
- Affirmation the provider/entity organization has liability insurance.
- Signature of the applicant.
- The entity attaches a copy of its registration certificate with the Mississippi Secretary of State to its application.
- The entity attaches a copy of its proof of general and professional liability insurance to its application.
- The entity submits the $50 registration fee with its application.
- The entity agrees to comply with the telehealth registration requirements and Minimum Standards.
When Must the Registration be Renewed?
Registration is valid for two years and is issued for the registration period beginning July 1 of the registration year and expiring on June 30 two calendar years later. If a provider entity/organization registers after July 1, the entity’s registration date on its registration certificate will reflect its application approval date, but the registration will only be valid through June 30 of the registration year.
Each registered organization must submit a completed and signed renewal registration application and proof of general and professional liability insurance to the Department by mail at least 30 days prior to the expiration date (i.e., by June 1 of its current registration’s expiration year).
Does the Registration Transfer in a Change of Ownership or Location?
No, the registration is not transferable. If a registered organization changes locations (without a change of ownership), it must notify the Department of the change of address in writing within 10 calendar days of the change. If a change of ownership occurs, the new owner must notify the Department and submit a new telehealth registration application.
Want to Learn More?
- Meet our legal team at ATA2022, the American Telemedicine Association’s 26th Annual Conference & Expo, May 1-3, 2022 in Boston. Register here.
For more information on telemedicine, telehealth, and virtual care innovations, including the team, publications, and other materials, visit Foley’s Telemedicine Practice.
