Trending in Telehealth: August 2026 recap

Trending in Telehealth highlights monthly state legislative and regulatory developments that impact healthcare providers, telehealth and digital health companies, pharmacists, and technology companies that deliver and facilitate the delivery of virtual care.

Trending in August: 

• Telehealth access expansion 

• Coverage and reimbursement developments 

• Multistate licensure compacts  

• Remote patient monitoring coverage

A closer look

Proposed legislation and rulemaking

• California lawmakers are considering AB 2551. The bill would require health plans and insurers to analyze and report on out-of-network behavioral health utilization and spending. The proposal would require carriers to assess whether patients are seeking out-of-network care because of insufficient access to in-network behavioral health services, including telehealth behavioral healthcare. The reporting requirement is intended to provide greater visibility into behavioral health network adequacy and access barriers. 

• California’s AB 2540 would require community colleges with student health centers to provide access to medication abortion services and would expressly permit those services to be delivered via telehealth. The proposal reflects continued efforts to expand access to reproductive healthcare services through virtual care modalities and campus-based health programs. 

• California is also considering AB 1930, which would expand protections for individuals and entities involved in abortion-related and gender-affirming care. The proposal would extend existing protections against certain out-of-state investigations and enforcement actions to encompass healthcare services delivered via telehealth. 

• AB 375 is awaiting the California governor’s signature and would expand the types of healthcare professionals authorized to provide services through telehealth. The bill would add qualified autism service paraprofessionals to the Medical Practice Act’s definition of “health care provider,” allowing them to furnish certain services using telehealth technologies consistent with applicable supervision and practice requirements and medical practice act telehealth provisions. 

• California lawmakers are also advancing AB 1999. The bill would revise the state’s veterinary telemedicine framework. The proposal would modify the rules governing how veterinarian-client-patient relationships may be established and maintained remotely, establish continuity-of-care requirements for veterinarians providing follow-up telemedicine services, and permit certain teleconsultation activities by individuals assisting California-licensed veterinarians. 

Finalized legislation and rulemaking

• Illinois enacted SB 3211, which expands access to teledentistry by allowing most initial examinations for new patients to be conducted remotely. The law removes certain barriers to virtual dental care while preserving an in-person examination requirement for patients seeking orthodontic treatment. 

• Illinois also enacted SB 3213 modernizing prescription-transfer and electronic prescribing requirements. The law authorizes electronic and facsimile prescription transfers and extends certain exemptions from controlled-substance electronic prescribing requirements through 2028, providing additional flexibility for pharmacies and prescribers as electronic prescribing standards continue to evolve. 

• By enacting S4407, New Jersey extended its temporary involuntary commitment procedures and flexibilities for telemedicine in certain behavioral health evaluations. The new law allows psychiatric examinations required for extended involuntary commitment proceedings to be conducted via telemedicine or telehealth, provided the applicable standard of care is satisfied. 
• The District of Columbia enacted DC Law 26-356 expanding coverage for remote patient monitoring services during and after pregnancy. The law requires coverage and reimbursement for remote monitoring of blood pressure and blood glucose levels during pregnancy and up to 12 months postpartum, reflecting continued efforts to use telehealth technologies to improve maternal health outcomes. 

Compact activity

• New Jersey enacted S 4113, adopting the Athletic Trainer Compact and allowing licensed athletic trainers to practice across participating states, including through telehealth services. 

• Michigan adopted the Physician Assistant Licensure Compact, Occupational Therapy Licensure Compact, and Physical Therapy Licensure Compact, enabling qualifying practitioners to provide services across participating states without obtaining a separate full license in each jurisdiction. 

Why it matters

• States continue to expand telehealth beyond traditional healthcare settings and provider types. Recent legislative activity affecting veterinary telemedicine, teledentistry, autism services, reproductive healthcare, and behavioral health reflects a broader trend toward integrating virtual care across a wider range of services. As states broaden who can provide care remotely and the circumstances under which telehealth may be used, providers and technology companies should closely monitor scope-of-practice, supervision, and continuity-of-care requirements that often accompany these expansions. 

• Interstate practice opportunities continue to grow through licensure compacts. Michigan and New Jersey’s adoption of additional professional licensure compacts reflects continued momentum toward greater provider mobility and expanded access to care across state lines. While these frameworks can reduce administrative barriers to multistate practice, organizations should remain attentive to compact eligibility requirements, state-specific practice rules, and telehealth-related registration or reporting obligations. 

Telehealth continues to transform care delivery, but the regulatory landscape remains highly fragmented. The McDermott Will & Schulte digital health team works alongside leading providers, payors, and technology innovators to help navigate evolving telehealth requirements, expand into new markets, structure innovative care models, and manage regulatory and enforcement risk through proactive compliance strategies.