Telehealth Regulatory Update: Telehealth Licensure Laws by State

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Midway through 2022, many states have solidified their positions on telehealth regulations, giving stakeholders more information upon which to make decisions related to telehealth licensure by state, including inter-jurisdictional practice and telehealth service delivery across state lines. Many have also obtained funding to assist with increasing telehealth Legislators have steadily been addressing telehealth legislative issues in many individual states, including Delaware, Iowa, Indiana, New York, North Dakota, Tennessee, Texas, New Jersey, Pennsylvania, Oklahoma, Virginia, Washington, and West Virginia.
Noteworthy changes for May 2022 include:

  • Minnesota: Minnesota made changes to their Medicaid policy, removing a list of originating sites that had previously existed, and instead now simply stating that an originating site is the ‘site at which the member is located at the time health care services are provided to them by means of telehealth which can include the member’s home”. Also, their Medicaid manual now reflects the removal of wording that restricted telehealth services to three sessions per month. Lastly, coverage for audio-only services was added until 2023.
  • Virginia:  Virginia’s Department of Medical Assistance Services (DMAS – Virginia Medicaid) made Medicaid changes that clarify coverage for certain originating sites, added coverage for audio-only services, virtual check-ins, and remote patient monitoring (RPM) services beyond the COVID-19 federal Public Health emergency. It also clarified reimbursement for specific behavioral health codes delivered through telehealth.

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