Executive orders allowing Medicaid reimbursement of audio-only phone health services and allowing asynchronous telehealth services are tied to the public health emergency. Medicaid’s Telehealth Billing Guidelines During COVID-19 State of Emergency outlines all of the services/billing codes that can be delivered via telehealth during the public health emergency. Executive Order No. Emergency state action to include audio-only phone? YES for commercial plans including self-insured plans (to extent permitted by ERISA). Out-of-state providers must notify the appropriate Pennsylvania board prior to practicing telehealth into the state. CMS Section 1135 Medicaid Waiver approved 3/25/20 allows for reimbursement of payable claims by out-of-state licensed providers not enrolled in the state Medicaid program subject to certain conditions for the duration of the public health emergency.**. Emergency state action on coverage of telehealth services? YES for commercial health plans including self-funded employee benefit plans (not preempted by ERISA), Neb. Medicaid does provide coverage and reimbursement parity for telehealth. Government and payer policies in response to the coronavirus crisis are changing rapidly, so we recommend that you check our Practice Information Hub frequently. Guidance from the Texas State Board of Examiners of Psychologists dated 4/6/20 advises the governor’s suspension of Rule 465.2(a)(7)(C) to allow for supervision of trainees to be done through remote or electronic means. N-39-20 dated 3/30/20 grants authority to the Department of Consumer Affairs to temporarily waive licensing requirements for health care providers during the declared public health emergency. Emergency changes in originating sites requirements? 2020-213 dated 9/4/2020 renews and extends Executive Order No. Department of Insurance Bulletin No. Department of Financial Regulation issued Emergency Rule H-2020-02-E dated 3/30/20 specifies coverage and reimbursement for telehealth services, including telephone triage services (code G2012) and requires mental health parity compliance. Emergency state action to include audio-only phone? These laws, rights, and programs are in place to help workers every day, and especially through tough times like these. Executive Order No. 20-06) for an additional 30 days through 9/2/20. 20-06. Ann. Cal Health & Safety Code §1374.13, §1374.14 152 dated July 24, 2020 and Executive Order No. The memorandum also specifies billing requirements for certain codes/services provided via telephone. Emergency state action on telehealth reimbursement parity? Although the government retains the power to dictate official state health policy in response to Covid-19, the legality of those responses are for the courts to determine. Existing state telehealth coverage mandate? Emergency orders expiration Executive Order 2020-05.1 dated 3/20/20 also allows for audio-only phone to provide telehealth services, prohibits insurers from imposing any specific requirements on telehealth technologies used, and expands state’s “secured connection” requirement to be consistent OCR’s guidance. Md. YES for all commercial health plans and Medicaid plans; no restrictions on originating sites; and requires reimbursement parity. Emergency state action on telehealth reimbursement parity? and waives the initial in-person or face-to-face examination via audio-video conferencing to establish a professional relationship in order to diagnose or treat a patient via telehealth. Insurance Commissioner guidance dated 3/30/20 directs health insurance companies to provide increased access to telehealth services by allowing network providers to use all available and appropriate technologies, including phone calls to deliver care. Emergency state action to include audio-only phone? Emergency orders expiration CMS Section 1135 Medicaid Waiver approved 3/27/20 allows for reimbursement of payable claims by out of state licensed providers not enrolled in the state Medicaid program subject to certain conditions for the duration of the public health emergency.**. Proclamation No. YES for all commercial health plans and Medicaid; includes reimbursement parity. S.D. The Office of Professional Regulation issued guidance about the emergency legislation signed into law on 3/30/20, which temporarily allows out-of-state providers licensed in good standing to provide telehealth services in Vermont during the COVID-19 public emergency. Interns and postdoc supervised services are reimbursed by Medicaid and eligible to be performed via telehealth. Emergency changes in originating sites requirements? Executive Order No. Amended Executive Order No. Emergency Order No. Supervised trainee telehealth services – Telesupervision and Medicaid reimbursement Supervised trainee telehealth services – Telesupervision and Medicaid reimbursement CMS Section 1135 Medicaid Waiver approved 3/23/20 allows for reimbursement of payable claims by out-of-state licensed providers not enrolled in the state Medicaid program subject to certain conditions for the duration of the public health emergency.**. The time limit has been temporarily extended to 90 days/calendar year. See Insurance Commissioner bulletin dated 3/23/20 encouraging providers to check with each insurer for its coverage/billing policies. Stat. Any out-of-state licensed psychologist in good standing (no disciplinary action in the past ten years) may apply for a temporary Maine license valid until 60 days after the end of the state of emergency. DMAS will allow for telehealth (including telephonic) delivery of all behavioral health services with several exceptions. State of Disaster: Public Service guidelines for containment / management of Coronavirus COVID-19, 16 Mar 2020 Guidance for childcare facilities and schools on COVID-19 , 11 Mar 2020 COVID-19 safety precaution measures in footbal - SAFA , 13 Mar 2020 Some regulations restrict licensees to a certain percentage of self-study for continuing education requirements. Executive Order 20-06 dated 3/18/20 expanding telehealth access (temporarily allowing audio-only phone and patient’s home for private plans and Medicaid and requiring reimbursement parity for in-network services) was in effect for 30 days through 4/17/20. 35 FY19/20 dated 4/6/20, Proclamation for Renewal of State of Civil Emergency, Medicaid Memorandum regarding Provider Enrollment COVID-19 Temporary Changes dated 3/25/20, Executive Order No. Supervised trainee telehealth services – Telesupervision and Medicaid reimbursement Emergency changes in originating sites requirements? Existing state telehealth coverage mandate? Board of Psychology guidance requires full licensure for telepractice in Virginia. Can an employee use California Paid Sick Leave due to COVID-19 illness? 2020-51 dated 8/20/20. Per guidance from the Medicaid office, it is unclear whether interns and postdocs are able to perform telehealth services. All tied to public health emergency: Emergency state action on coverage of telehealth services? Emergency state action on coverage of telehealth services? State public health emergency declaration 3/12/20 still in effect; not yet terminated. 2020-20, Guidance by the Oklahoma State Board of Examiners of Psychologists, Guidance jointly issued by the Oregon Health Authority (OHA) and the Department of Business and Consumer Services (DCBS), online application for the emergency visitor’s permit, guidance indicating that residents may receive supervision via electronic means, Telehealth Guidelines Related to COVID-19 dated 3/15/20, Department of Human Services Provider Quick Tip #242 dated 4/9/20, Department of State issued a temporary waiver dated 3/26/20, Department of State issued a temporary waiver dated 3/22/20, Department of Health Guidance confirms that audio-only phone is available, Announcement by Governor and Department of Health dated 3/18/20, Department of Insurance COVID-19 resource page, Department of Health and Human Services issued FAQs dated 4/13/20, list of telehealth services that may be provided to new Medicaid patients, CMS Section 1135 Medicaid Waiver approved 3/31/20, Guidance issued by SC Medicaid Office dated 3/19/20, Guidance issued by the Board of Psychology, Executive Order No. About a month later, he appeared to have been elected to North Dakota's state House. Emergency state action to include audio-only phone? Vermont Medicaid Provider Memorandum dated 4/8/20 temporarily allows for audio-only phone to deliver services to Medicaid patients. Ann. NY Office of Mental Health has issued supplemental guidance dated 3/17/20 allowing use of phone and/or commonly available video apps for delivery of telehealth services to Medicaid patients during the public health emergency period. Medicaid’s Emergency Telehealth Policy dated 4/10/20 temporarily allows use of audio-only phone to deliver telehealth services. Insurance Commissioner Bulletin No. The law is permissive, meaning that an insurer is not required to provide coverage for telehealth services. Md. 119 dated 4/7/20. U.S. Department of State - COVID-19 Search Portal. 2020-53 dated 6/30/20. 84 JBE 2020 through 8/7/20. 2020-116; Executive Order No. Emergency orders expiration Executive Order No. 2020-052. Services that will be allowable via telehealth include: Emergency changes in originating sites requirements? 20-09 updated 3/19/20, Executive Order No. Emergency state action on coverage of telehealth services? Untangle Australia’s Covid-19 laws and guidelines with our guide. Under a new law, Ohio businesses will have state-law immunity from certain coronavirus-related civil actions brought by customers, employees and others. – changing from a one-time 60-day temporary practice provision to a 30-day temporary practice provision per calendar year. 20-10 dated 5/4/20 extends previously issued EO 20-04 through 6/15/20. AB 685 (Chapter 84, Statutes of 2020) is a California law signed by Governor Gavin Newsom on September 17, 2020. It is unclear when those will be lifted post-pandemic. The Tenth Amendment to the US Constitution states that “[t]he powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” YES for commercial health plans, Ind. Supervised trainee telehealth services – Telesupervision and Medicaid reimbursement §627.42396 Emergency licensure waiver? Executive Order No. § 23-79-1602(c), (d). 186 dated 9/25/20 extended the public health emergency declaration. The emergency rules expire in 120 days. This waiver will remain in effect until terminated by the Office of the Governor or until the 3/13/20 disaster declaration is lifted or expires. New York does not permit Medicaid reimbursement for trainee services (1135 waiver says only licensed practitioners). When it comes to helping citizens navigate the arcane world of Washington’s Legislature, … State of Emergency COVID-19 declaration issued 3/13/20. Existing state law mandating telehealth coverage already recognizes the patient’s home as an eligible originating site. 84 JBE 2020 dated 6/25/20 renewed the COVID-19 state of emergency and Proclamation No 75 JBE 2020 through 7/24/20. Emergency state action to include audio-only phone? (See pp. Trainees are not able to perform telehealth services. Emergency state action to include audio-only phone? Emergency orders related to temporary licensure expired 5/13/20. Haley tweeted Tuesday evening that Rhonda Lee … Executive Order No. 2020-57 dated 6/10/20 renewed and extended the emergency licensing waivers of Executive Order 57 (dated 4/17/20) for the duration of the state of emergency as declared in Amended Executive Order 51 unless sooner amended or rescinded by further executive order. Pursuant to Executive Order 20-04, Missouri Department of Insurance bulletin dated 3/20/20 temporarily waives licensing requirements for out-of-state licensed providers during the COVID-19 public health crisis. This emergency rule is in effect for the duration of the state of emergency. Declaration of Emergency Directive 011 dated 4/11/20 allowing temporarily waivers of certain licensing requirements for specific health care providers remains in effect for the duration of the State’s Declaration of Emergency to facilitate the State's response to the COVID-19 pandemic issued 3/12/20. HRS §431:10A-116.3 Kansas Medicaid Bulletin 20045: Telemedicine Reimbursement Update allows for patients to receive telehealth services in their homes during the emergency declaration period. Existing state telehealth coverage mandate? Executive Order 202.27 dated 5/5/20 temporarily allowing out-of-state health care providers to practice in New York up to 30 days remains effective through 6/04/20. The California Board of Psychology issued guidance for trainees and supervisors regarding service delivery (using HIPAA compliant video) and face-to-face supervision requirements (using video or phone). Emergency orders expiration A Message from Secretary of State Michael R. Pompeo: Please use trusted sources for information and updates on COVID-19 The State Department’s Efforts and Resources The State Department Team Is Working Tirelessly To Combat the Outbreak The Department of State is taking decisive action to inform and safeguard U.S. citizens overseas, protect the […] Supervised trainee telehealth services – Telesupervision and Medicaid reimbursement Licensure Waiver: State action temporarily suspending state-based licensing requirements for out-of-state licensed providers during the declaration of a public health emergency. Clinicians shall use clinical judgment when determining the appropriate use of home as the originating site. COMAR 10.09.49. 2020-09 allows telehealth services to be provided to Medicaid patients at any originating sites. This emergency rule may not be in effect for longer than 120 days, with the possibility for a 60-day extension. Emergency licensure waiver? MaineCare guidance dated 3/16/20 states audio-only phone is permitted for telehealth services. Ned Lamont's Reopen Connecticut Advisory Group, the governor's administration pledged to flip the script with its COVID-19 Vaccine Advisory Group. Executive Order dated 3/15/20 requires that reimbursement for telehealth services must be the same as in-person. Wyoming Board of Psychology guidance dated 3/25/20 is that since the Practice Act does not specifically prohibit telepsychology, it may be provided where appropriate. FAQ dated 3/30/20 allows removes any restrictions on the patient’s location and the provider’s location when delivering telehealth services during this public health emergency. Emergency state action on coverage of telehealth services? 202.67 dated October 5, 2020 renewed and extended EO 202.60 for an additional 30 days through November 3, 2020. Emergency state action on coverage of telehealth services? Husch Blackwell has developed this resource center to monitor and update the rapidly evolving COVID-19 rules, restrictions, orders and guidance that affect how and when businesses across the country can reopen their workplaces to employees, clients and customers. State of emergency declared on 3/14/20 and is still in effect; not yet terminated. Medicaid emergency rule No. Emergency state action to include audio-only phone? The rules remain in effect through 4/19/20 (120 days from effective date of emergency rules) or until adopted through normal rulemaking process, whichever is sooner. State of emergency declared on 3/12/20 and is still in effect; not yet terminated. Emergency state action on coverage of telehealth services? (This order follows an earlier order issued by Dept. 20-12 dated 3/31/20 requiring published guidance for payment of Medicaid telehealth services remains in effect for 30 days following the end of the public health emergency. Emergency state action to include audio-only phone? Executive Order No. 20-13 allows out-of-state providers to practice in Indiana if they are licensed in good standing elsewhere. However, pediatric behavioral health care providers may not use audio-only phone or live chat with their patients. Superintendent of Insurance Bulletin 2020-05 confirms that there must be reimbursement parity between telehealth and comparable in-person services. Existing state telehealth coverage mandate? 165 dated September 21, 2020 extends the temporary licensing waiver granted under Governor Cooper’s Executive Order No. David Andahl, a businessman and rancher, died on October 5 after a battle with Covid-19. 130 has been further extended until November 22, 2020. Trainees are not eligible to provide telehealth services as they are not licensed in Delaware (and those performing services from other jurisdictions are required to have an active license elsewhere). Executive Order No. One must be licensed in WY in order to treat a client located in WY. Emergency state action on coverage of telehealth services? What is AB 685? Addendum 3 to the Amended and Restated Executive Order dated 8/14/20 renewed and extended the state public health emergency declaration due to COVID-19 through 9/15/20. Trainees can perform telehealth services if the trainee is being supervised by a Missouri licensed psychologist and that licensed psychologist supervisor knows the services are being delivered in such a manner (per guidance from Committee of Psychologists). Executive Order 2020-09 dated 3/19/20 requires coverage for telehealth services provided by in-network providers. 2020-62 dated September 24, 2020 extended the public health emergency for an additional 15 days through October 9, 2020. Guidance by the Board of Psychology states: For 120 days from 3/20/20, licensees will not be required to submit a new Statement of Intent (SOI) to practice Telepsychology in Arkansas. MO HealthNet Division (Medicaid) in its telehealth guidance revised 3/26/20 is temporarily allowing the use of telephone for telehealth services. Executive Order 2020-33 reissues and extends a number of executive orders including EO 2020-09 through 05/29/20. YES for commercial health plans and Medicaid; reimbursement parity is required. YES for commercial health plans (including self-insured plans as permitted by ERISA) and Medicaid; includes reimbursement parity; and patient’s home or office as an eligible originating site. § 47.05.270(e). YES for commercial health plans BUT only if the plan covers the comparable in-person service; the telehealth service is medically necessary; the telehealth service is recognized as an essential health benefit as defined by PPACA; the service is determined to be provided safely and effectively via telehealth according to generally accepted health care practices and standards. of Public Health are in effect through 9/9/20, unless terminated sooner by the governor. DHS-Office of Mental Health and Substance Abuse Services Issued Telehealth Guidelines Related to COVID-19 dated 3/15/20 allowing Medicaid providers to use phone-based video technology such as FaceTime or Skype to provide services and if video is unavailable, phone only services. YES for commercial health plans including state employee health benefit plans; allows for audio-only phone. Provides an extension of a deferment and low-interest rate program for all municipal tax payments due and payable on January 1, 2021. Emergency state action on coverage of telehealth services? Louisiana Department of Health’s Health Plan Advisory 20-8 dated 3/25/20 instructs Medicaid managed care organizations to cover assessments/evaluations and psychological testing conducted via telehealth based on the clinical judgment of the psychologist or psychiatrist. Emergency state action on telehealth reimbursement parity? 94 JBE 2020 through 10/9/20. 2020-9 dated 4/24/20 extends its previous bulletin on use of telemedicine during the COVID-19 crisis (Bulletin 2020-1) through 6/30/20. Under the low-interest rate program, any taxes not paid will be subject to an interest rate of three percent through March 31, 2021. Emergency orders expiration Requires the California Department of Public Health (CDPH) to publicly report information on workplace outbreaks. (But this does not include facility fees for distant or originating sites.). Existing state telehealth coverage mandate? An outline of the expected availability is as follows: Adherence to this expected framework will be dependent on receipt of COVID-19 vaccine doses from the companies distributing them. 2020-04, 2020-10 through 12/30/20. The initial public health emergency declaration has been previously extended on by proclamation on March 18, 23, 25, 27 and April 1, 2, 22, 23 and May 12, June 11 and July 10. NH Medicaid Guidance dated 3/18/20 affirms that there are no restrictions on originating sites for the duration of the public health emergency. Montana State Legislature State Capitol PO Box 201706 Helena, MT 59620-1706 Utah Medicaid Guidance temporarily allows the use of audio-only phones to deliver health care services during the public health emergency. DOH guidance dated 3/21/20 (and previous guidance dated 2/12/20) allows temporary expansion of Medicaid (FFS and managed care) originating sites to include the patient’s home. Emergency state action on telehealth reimbursement parity? Emergency changes in originating sites requirements? NY Medicaid Bulletin Vol. Mississippi Insurance Department Bulletin 2020-13 dated 9/17/20 extended Bulletin 2020-01 requiring Insurance Coverage of Telemedicine During the COVID-19 Crisis through 12/31/20. 20-15 which superseded 20-14) was previously renewed and extended by Executive Order Nos. Department of Insurance published Telehealth Questions and Responses dated 4/9/20 summarizing telehealth coverage and billing policies for commercial health plans in the state. Trainees may also provide supervised services via telehealth, if appropriate, for a particular patient or situation. Medicaid policy waivers allowing for audio-only phone and patient’s home as an eligible originating site seem to be tied to the public health emergency declaration. TennCare Provider Memo dated 3/25/20 temporarily allows for audio-only phones to deliver behavioral health care services during the public health emergency. Medicaid temporary waiver removing any restrictions to eligible originating sites remains in effect during the public health emergency. State public health emergency declared on 3/11/20 and set to expire on 6/5/20. Emergency licensure waiver? Medicaid guidance allowing audio-only phone and live chat is effective for duration of public health emergency. Ins. Executive Order 20-15 dated 3/19/20 superseding EO 20-14 and temporarily lifting restrictions on technology including audio-only phone, provider’s network status to provide telehealth services, and eligible originating sites to include patient’s home to remain in effect through 6/30/20. This also may be extended to supervisees practicing psychology under supervision. 94 JBE 2020 through 9/11/20. Emergency state action on telehealth reimbursement parity? Kansas Medicaid Bulletin No. 2020-046. Medicaid’s Emergency Telehealth Policy dated 4/10/20 temporarily recognizes the patient’s home as an eligible originating site to receive telehealth services. In the DCH Telehealth Guidance to All Providers dated 3/26/20, Georgia Medicaid is temporarily waiving any restrictions on originating sites (where the patient is located) and distant sites (where the provider is located) during the public health emergency. To receive COVID-19 FMLA, a state employee must have been employed for at least 30 days. Code §§ 410-123-1265, 410-172-0850. Stat. Emergency licensure waiver? Connecticut Department of Public Health Order dated 7/14/20 sets limits on payment for services delivered by any provider who delivers health care services to a Connecticut patient who is neither covered by commercial health insurance or Medicaid. Emergency licensure waiver? Effective immediately, emergency legislation (A3860) allows for the use of telephone to deliver telehealth services during the COVID-19 public health emergency. Executive Order 2020-13 grants additional flexibility to LARA/DHHS regarding decisions about licensing, registration, and workflow requirements. Qualified providers should continue to follow all applicable licensure rules specific to their profession. Executive Order No. Emergency licensure waiver? Public health state of emergency declared 3/11/20 and is still in effect. Emergency changes in originating sites requirements? Emergency licensure waiver? (Bureau of Medical Services will reevaluate after that). Emergency state action on coverage of telehealth services? 35 FY19/20 dated 4/6/20 allows for the following: Any licensed psychologist who has held an active Maine license within the past three years and was in good standing, can have his/her Maine license immediately reactivated upon request. 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