The Department of Veterans Affairs finalized its new telehealth regulation, 38 C.F.R. § 17.417. The new regulation provides that: “Health care providers may provide telehealth services, within their scope of practice, functional statement, and/or in accordance with privileges granted to them by VA, irrespective of the State or location within a State where the health care provider or the beneficiary is physically located.”
The regulation specifically preempts state law: “[T]his section [38 C.F.R. § 17.417] preempts conflicting State laws relating to the practice of health care providers when such health care providers are practicing telehealth within the scope of their VA employment. Any State law, rule, regulation or requirement pursuant to such law, is without any force or effect on, and State governments have no legal authority to enforce them in relation to, this section or decisions made by VA under this section.”