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A stethoscope crosses the distance between a grainy clinician’s hand and an empty remote-care screen.

What Telehealth Insurance Requirements Apply in Massachusetts?

Massachusetts requires equal in-network payment for telehealth and in-person services under covered plans, including behavioral health services delivered by audio-only or interactive audio-video. The telehealth statute also preserves professional standards of care, privacy and security rules, and informed-consent standards.

What Is Telehealth Insurance?

Telehealth liability can cover claims arising from remote health care, such as a video visit or remote monitoring. If you provide care online, match the quote to your clinicians, services and patient locations; cyber and in-person risks need separate review. Read the national Virtual care and telehealth guide.

What Should You Watch for With Telehealth Insurance in Massachusetts?

  • Payment Parity Applies to Covered In-Network Services

    Chapter 260 of the Acts of 2020 requires covered plans to pay in-network telehealth services at no less than the in-person rate for the same service; behavioral-health audio-only and audio-video services also receive the parity protection. Ask whether your contracting and billing model matches the plan types the statute covers. 1

  • Audio-Video May Pay More Than Other Modalities

    Massachusetts permits an in-network audio-video telehealth rate to exceed the rate for the same service delivered through other telehealth modalities. Specify whether your operation offers audio-only, video, remote monitoring, or asynchronous services so the policy describes your actual clinical mix. 1

  • Telehealth Must Meet Existing Professional Standards

    The statute requires telehealth care to conform to the provider’s professional and specialty standards, applicable privacy and security rules, and informed-consent standards. Ask the broker to list each profession and modality rather than relying on a generic telehealth description. 1,2

Which Telehealth Providers Have Massachusetts License Records?

No provider in our research documents both a state license record and this coverage line. This does not establish that providers are unlicensed. Check the regulator’s license lookup and confirm availability with a provider when requesting a quote.

Who Regulates Insurance in Massachusetts?

Massachusetts Division of Insurance

The Massachusetts Division of Insurance licenses insurers and producers, reviews rates and forms, and handles insurance complaints. Use the State Based Systems lookup for producers, agencies, and surplus-lines brokers. For insurer status, use the DOI’s separate licensed or approved company lists, including the eligible surplus-lines company list. Before filing a complaint, contact the insurer or producer; if the response is unsatisfactory, submit the online form with supporting papers. The DOI says not to use the form for ongoing litigation. 3,4,5,6

Surplus-Lines Tax and Stamping Office in Massachusetts

Reported tax rate. 4% of gross premiums less gross return premiums on risks or exposures in Massachusetts or another state when Massachusetts is the insured’s home state. 7,8,9,10

A diligent effort to place coverage with admitted insurers is generally required before surplus-lines placement through a specially licensed Massachusetts broker. The narrow §224 large-commercial exception is described in the note below.

  • Multi-state surplus-lines tax dates and exceptions: For this rule, home state means the state of the insured’s principal place of business or, for an individual, principal residence; if 100% of the risk is outside that state, home state is where the greatest percentage of taxable premium for that insurance contract is allocated. For multi-state policies effective on or after August 10, 2018, the Division of Insurance says the 4% tax applies to gross premium regardless of whether risks are inside or outside Massachusetts when Massachusetts is the insured’s home state. For earlier effective dates, Massachusetts risk portions are taxed at 4%, while out-of-state portions are taxed at the rates for their allocated premium. The Division lists exceptions for policies issued to the Massachusetts Bay Transportation Authority, federal credit unions when they are the purchaser, and tribal lands on reservations. Brokers still make required filings for exempt policies. Tax-exempt status alone is not specifically excluded. 7,8
  • Narrow large-commercial placement exception: Section 168(b)(iv) exempts the diligent-effort affidavit and excess-placement condition in §168(b)(iii) only for a §224 qualifying commercial risk or policyholder. The policyholder must acknowledge in writing that the insurer is not admitted and that the Massachusetts Insurers Insolvency Fund will not pay an insolvency loss. Section 224 eligibility is limited to a corporation, partnership, trust, sole proprietorship, or other business or public entity with at least $30,000 in aggregate property-and-casualty premiums, excluding workers’ compensation. The holder must certify its election and understanding of limited regulatory oversight and certify at least two criteria: net worth of $10 million; net revenue or sales of $5 million; more than 25 employees per individual company OR more than 50 employees per holding company aggregate; a nonprofit or public entity with annual budget or assets of $25 million or more; a municipality with population of 20,000 or more; or retention of a risk manager who is either a full-time employee or retained by the policyholder; that person must be licensed and hold one of these qualifications: certified insurance counselor, chartered property and casualty underwriter, associate in risk management, certified risk manager, or licensed insurance advisor in property and casualty. 9,10

Questions to Ask Before You Buy Telehealth in Massachusetts

  1. Does the policy identify audio-only, audio-video, remote monitoring, and asynchronous services separately?
  2. Are the in-network plan types we serve included in our telehealth risk description?
  3. How does the policy treat a claim alleging that remote care fell below the profession’s in-person standard?

Telehealth Insurance in Massachusetts: Frequently Asked Questions

Does Massachusetts require equal payment for telehealth?

Yes. For covered in-network services, Massachusetts requires payment at least equal to the rate for the same service delivered in person; the law also sets parity for specified behavioral-health services. 1

Can Massachusetts plans pay more for video visits than other telehealth?

Yes. The statute permits an audio-video telehealth rate to be higher than the rate for the same service delivered using other telehealth modalities. 1

Telehealth Insurance Guides for Other States

Other coverage in MassachusettsEvery coverage guide for Massachusetts, plus the regulator and surplus-lines details.

Sources

18 documents, numbered as cited.

Updated .

This guide is informational and does not determine whether a policy is available or meets your needs. Editorial policy. To suggest a correction, email The General Average with a supporting source.

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