The Senate approved today (29) the Bill (PL) 1998/2020, which regulates the virtual provision of health services, the so-called telehealth. As alterations were made to the text by the senators, it will return to the Chamber for a new analysis by the deputies. Telehealth was created and allowed on an emergency basis, in the context of the covid-19 pandemic, and now needs to be regulated to ensure the legality of the practice.
According to the text, the doctor will be able to decide whether to attend the patient remotely, as long as the patient agrees with this. If the patient refuses virtual care, face-to-face care must be guaranteed by the health professional. The practice will be subject to the Civil Rights Framework for the Internet (Law 12,965, of 2014), the Medical Act Law (Law 12,842, of 2013), the General Data Protection Law (Law 13,709, of 2018), the Code of Defense of Consumer (Law 8078 of 1990) and the Electronic Medical Record Law (Law 13787 of 2018).
The rapporteur of the text in the Senate, Veneziano Vital do Rêgo (MDB-PB), incorporated proposals from colleagues by changing parts of the project, which justifies his return to the Chamber, the House of origin of the proposal. One of the amendments prohibits this type of service for carrying out occupational physical examinations, as well as assessments of capacity, physical or mental damage and causal link.
An amendment was also included in the text that provides for the use of telehealth in the Statute of Persons with Disabilities, Law 13,146, of 2015. The text to be included in this law states that it is up to the SUS to improve neonatal care and offer, including telehealth, actions and services to prevent brain damage and neurological sequelae in newborns.
To practice telehealth, it is sufficient for the professional to register with the Regional Council of Medicine (CRM) of origin. It will not be necessary to register in the CRM of the state in which the patient is treated. It is also mandatory to register the intermediary companies of the virtual services, as well as the registration of a medical technical director of these companies in the CRM of the states where they are headquartered.
Health insurance
Medical plans will also be able to offer care via telehealth. It will follow the same standards as face-to-face service in relation to the financial consideration, which cannot be less than in-person service. The health plan is prohibited from preventing or hindering access to face-to-face care, if this is the option of the health professional or the patient.
* With information from the Senate Agency
