The New Jersey Legislature recently adopted two bills that extend and expand telehealth flexibilities regarding payors and controlled dangerous substances.
Pay Parity
The Legislature extended certain temporary pay parity requirements regarding telemedicine and telehealth in its adoption of Bill No. S3947 (P.L.2026, c.29) on June 30, 2026. The bill requires insurers to reimburse healthcare providers for telehealth visits at the same rate as in-person care. The bill amends P.L.2021, c.310, which created temporary pay parity requirements post-COVID-19 by extending these requirements until December 31, 2027. The bill applies directly to private insurance plans, Medicaid, NJ FamilyCare, and NJ state employee health plans. The bill became effective immediately upon adoption.
Controlled Dangerous Substances
On July 8, 2026, the Legislature revised certain requirements for the prescription of Schedule II controlled dangerous substances (CDS) via telemedicine and telehealth without in-person examination in its adoption of Bill No. 4852 (P.L.2026, c.40). This newly enacted law permits the initial prescription and renewal of certain Schedule II CDS via telehealth without an initial in-person examination.
Notably, the bill contains complete exemptions from an initial or quarterly in-person examination when prescribing Schedule II CDS via telehealth to certain patient populations, including cancer patients, patients receiving hospice and palliative care, long-term care residents, patients being treated for a terminal illness, and patients being treated for an active substance use disorder. For adults prescribed Schedule II stimulants, the bill requires an in-person visit within 30 days of an initial examination if conducted via telehealth, as well as follow-up appointments every three months, which can be via telehealth or in-person, and one in-person appointment each year. A parent or guardian can waive these in-person examination requirements for minors under the age of 18.
The bill became effective immediately upon adoption.
McCarter’s Healthcare group will continue monitoring legislation in New Jersey affecting the healthcare industry. The team is available to assist clients in evaluating how newly adopted laws and regulations may affect their operations.