2020-12 outlines those services, such as mental health screenings, that are temporarily allowed to be delivered via telehealth during the public health emergency. See also Executive Order 20-002 dated 3/16/20. 20-02 dated 3/6/20 and supplemental executive orders for an additional 30 days through 7/3/20. Ohio Board of Psychology issued advisory guidance dated 3/11/20 stating that under the current COVID-19 public health emergency, Ohio-licensed psychologists may use their professional judgment, on a case-by-case basis, to use audio-only phone to ensure client welfare and continuity of care when the client and psychologist are prohibited from meeting in-person because of efforts to contain COVID-19. Code § 48.43.735 will require reimbursement parity for telehealth services for commercial health plans beginning 1/1/21. Fla. Stat. Insurance Commissioner bulletin 20-07 dated 3/22/20 requires insurers to update their policies to allow for telephone-only services within the definition of telehealth and to not impose any specific requirements on the technologies used to deliver telemedicine and/or telehealth services (including any limitations on audio-only or live video technologies) during the state of emergency and public health emergency declared pursuant to EO 103. COVID-19: Information and Resources. WV Board of Examiners of Psychology issued Guidance to allow telepsychology if HIPAA compliant, and allow temporary practice of 10 days or 80 hours. 202.60 dated 9/4/20 renewed and extended EO 202.27 for an additional 30 days through 10/4/20. An announcement dated 3/21/20, commercial and Medi-Cal managed care plans were directed to allow members to obtain health care via telehealth. Executive orders allowing Medicaid reimbursement of audio-only phone health services and allowing asynchronous telehealth services are tied to the public health emergency. Emergency changes in originating sites requirements? Emergency state action on telehealth reimbursement parity? § 26:2S-29 NY Medicaid Bulletin Vol. May 14, 2020 . Medicaid temporary waivers allowing audio-only phone. In addition, the requirement for the supervisor to work in the same physical setting as the supervisee is waived to the extent that the supervisor and supervisee may be working remotely during this emergency. YES for commercial health plans and Medicaid. § 23-79-1602(c), (d). Because the law and related information continually change, we will strive to update the page weekly, so note the date stamp. The emergency license application is available online. Continuing Education. Emergency orders expiration Department of Insurance emergency regulation dated 3/5/20 prohibiting insurers from charging out-of-pocket costs for preventative visits related to COVID-19 and requiring insurers to notify patients and network providers about available benefits including telehealth services. Montana State Legislature State Capitol PO Box 201706 Helena, MT 59620-1706 Existing state telehealth coverage mandate? YES for commercial health plans, disability insurer programs, workers compensation programs, and Medicaid (FFS) programs. 20-02) and expansion of telehealth services (Executive Order No. 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. HEALTH LAW SECTION . Announcement by Governor and Department of Health dated 3/18/20 expands the existing temporary practice provision (up to 10 days/year and not more than 5 consecutive days), allowing out-of-state licensed providers (in good standing) to obtain a 90-day temporary license subject to a one-time renewal. Emergency state action to include audio-only phone? NM Medicaid Letter of Direction #30 dated 3/30/20 instructs all Medicaid managed care organizations on new COVID-19 billing policies including the use of audio-only phone. Emergency orders expiration Justia COVID-19 Laws and Legal Resources 50-State COVID-19 Resources 50-State COVID-19 Resources In response to the coronavirus pandemic, states across the U.S. have enacted measures to protect the health and economic well-being of their constituents. Emergency state action on telehealth reimbursement parity? Utah Code Ann. 2020-165 and renewed and extended the declaration of state of emergency and state of disaster related to the COVID-19 pandemic through 10/1/20. HRS §432:1-601.5 2020-12, Department of Health Services Guidance No. Emergency orders expiration COVID-19 REPORT . Executive Order No. Texas Department of Insurance Emergency Rule 2020-6287 dated 3/17/20 temporarily prohibits insurers from limiting, denying or reducing for telehealth services based on the health professional's choice of platform for delivering the service or procedure. This is effective through 4/30/20. Executive Order 116 established a state of emergency effective 3/10/20. Trainees are eligible to perform telehealth services for Medicaid reimbursement. North Dakota does not permit Medicaid reimbursement for trainee services (1135 waiver says only licensed practitioners). Kansas Medicaid Bulletin 20045: Telemedicine Reimbursement Update allows for patients to receive telehealth services in their homes during the emergency declaration period. 186 dated 9/25/20 extended the public health emergency declaration. Emergency state action to include audio-only phone? Executive Order dated 3/15/20 requires that reimbursement for telehealth services must be the same as in-person. Ann. West Virginia Insurance Commission Bulletin No. Supervised trainee telehealth services – Telesupervision and Medicaid reimbursement Existing state telehealth coverage mandate? Emergency state action on telehealth reimbursement parity? Supervised trainee telehealth services – Telesupervision and Medicaid reimbursement Emergency state action on coverage of telehealth services? Maryland Board of Psychology guidance dated 4/3/20 advises that out-of-state licensed psychologists (in good standing) must apply for a Temporary Exception to Practice in order to treat current patients located in Maryland via telehealth. The annual assessor certification program is suspended for the remaining duration of the public health emergency. Licensure waivers issued by Dept. The Board is also revising its rules which includes proposed changes to the temporary practice provision (see Section 5.6.D.) Executive Order N-43-20 dated 4/3/20 relaxed certain privacy and security requirements to expand access to telehealth services. Under the low-interest rate program, any taxes not paid will be subject to an interest rate of three percent through March 31, 2021. A new state law enables homeowners with non-government loans who've been affected by the coronavirus to get a yearlong mortgage forbearance. Emergency changes in originating sites requirements? Executive Order 03.14.20.01 was previously renewed and extended by Executive Order Nos. Emergency state action to include audio-only phone? 2020-07 - dated 4/15/20 declaring the state public health emergency -- had been previously amended by executive orders dated 4/2/20; 4/1/20; 3/29/20; 3/27/20; 3/24/20; 3/21/20; 3/19/20 and 3/17/20. Although not effective until 7/1/20, the newly enacted state telehealth coverage mandate has no restrictions on originating sites and includes the patient’s home. 20-38 dated 9/1/20 renewed and extended the state public health emergency for an additional 60 days through 11/3/20. Department of State issued an additional temporary waiver dated 3/26/20 that allows certain mental health trainees (including psychology) who are receiving clinical supervision for experience qualifications for licensure may provide teletherapy services so long as they are receiving supervision from a supervisor who complies with all required state regulatory requirements. 20-05. Supervised trainee telehealth services – Telesupervision and Medicaid reimbursement Stat. (But this does not include facility fees for distant or originating sites.). Executive Order No. Medicaid and Long-Term Care COVID-19 FAQ dated 3/23/20 temporarily allows audio-only phone when telehealth is unavailable. 2020-55 dated 9/18/20 extends Executive Order No. 20-01 encourages health insurers to liberalize telehealth benefits during the public health emergency and to allow consumers to access telehealth benefits through their current health care providers. Existing state telehealth coverage mandate? Emergency state action on coverage of telehealth services? Medicaid Commissioner memorandum dated 3/12/20 allows for psychological testing in Medicaid through the “Telehealth Modality” for procedure codes 96130, 96131, 96136, 96137, 96132, 96113 and 96146 through 5/31/20. NJ Department of Banking and Insurance issued COVID-19: Telehealth and Telemedicine FAQs which confirm patients may receive telehealth services in their homes. Maryland Department of Health guidance dated 3/25/20 allows for notebook computers, smartphones, or audio-only phones for Medicaid telehealth services during the public health emergency. Temporary licensure waiver for out-of-state providers to continue seeing an existing patient in IL via telehealth is tied to the state public health emergency declaration. These services should be billed as distant site services using the provider number. A North Dakotan died of Covid-19 and was elected posthumously to the state legislature. DC Medicaid will reimburse for audio-only phone services throughout the public health emergency and for 60 days following termination of emergency declaration. For behavioral health services, providers delivering services via telehealth (including phone communications) shall simply bill and submit a claim as they normally would in their regular practice. The Board requires all out-of-state licensed psychologists to submit electronically the Temporary registration for independent practice application form. 7HHH (PDF, 207KB) temporarily suspending licensing and certification requirements for specified health care providers-including psychologists-for the duration of the public health and civil preparedness emergency. Proclamation No. Executive Order No. Executive Order No. 5 dated 3/23/20, Insurance Commissioner advisory bulletin No. The guidance is based on case rates on a county-by-county basis. Executive Order No. 20-03-20-01 dated 3/20/20 expressly allows for reimbursement of audio-only health care services under Medicaid. Qualified providers should continue to follow all applicable licensure rules specific to their profession. (See page 3.) Medicaid temporary waiver removing any restrictions to eligible originating sites remains in effect during the public health emergency. Executive Order 2020-13 grants additional flexibility to LARA/DHHS regarding decisions about licensing, registration, and workflow requirements. 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. Executive Order No. 2020-18 dated 9/18/20 extended Executive Order 2020-04, as extended by Executive Orders 2020-05, 2020-08, and 2020-09, and the associated Emergency Orders for an additional 21 days through 10/9/20. By Amy Loftsgordon , Attorney On June 17, 2020, New York Governor Andrew Cuomo signed Senate Bills 8243C and 8428 into law, which add Section 9-x to the state’s banking statutes . Executive Orders allowing telemental health, allowing audio-only phone services, and expanding Medicaid coverage of telehealth services are in effect for the duration of the public health emergency. 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.**. 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. Effective immediately, emergency legislation (A3860) allows for the use of telephone to deliver telehealth services during the COVID-19 public health emergency. Existing state telehealth coverage mandate? 20-13 allows out-of-state providers to practice in Indiana if they are licensed in good standing elsewhere. Postdoctoral students licensed as Psychology Assistants would be eligible to perform services. § 47.05.270(e) defines “telehealth” to include audio-only communications, indicating that telephone calls are permitted. Department of Health Services Guidance No. 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. 20-52 dated 7/3/20 extended the state public health emergency (Executive Order No. Guidance issued by the Board of Psychology stating that it will suspend enforcement of South Carolina licensing provisions for psychologists who are licensed out-of-state, who have an established client relationship with an individual now in South Carolina, to allow continuity of care by means of telecommunication for the duration of the public health emergency. 2020-165 rescinded Executive Order No. 13-2020 dated 3/27/20 directs all health insurance carriers (including short-term limited-duration plans) to comply with the telehealth reimbursement parity requirements specified in Ark. Can an employee use California Paid Sick Leave due to COVID-19 illness? Emergency orders expiration 20-31  -- Fourth Renewal of Public Health Emergency Declaration for the COVID-19 Outbreak dated 7/1/20 extended the public health emergency for an additional 30 days through 8/3/20. Emergency state action on telehealth reimbursement parity? Executive Order No. Executive Order No. Emergency state action on coverage of telehealth services? Fifth Amended Executive Order No. Maryland does not permit Medicaid reimbursement for trainee services and the board specifically says via guidance on 4/3/20 that the waiver of licensure does not apply to interns or psychology associates. 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. Several dozen staff members and lawmakers who are part of Michigan's state legislature have tested positive for COVID-19 since the beginning of 2020, a … David Andahl, a businessman and rancher, died on October 5 after a battle with Covid-19. Interns and postdoc supervised services are reimbursed by Medicaid and commercial insurance and eligible to be performed via telehealth. In the Week 1 phase of reopenings (4/30/20-5/3/20), outpatient health care operations were allowed to resume for facilities regulated by Licensing Boards contained in WV Code Chapter 30, including psychologists. All rights reserved. NY CLS Ins Law §3217-h Medicaid’s Telehealth Billing Guidelines During COVID-19 State of Emergency provides that Medicaid patients may access telehealth services wherever they are located, including their homes. Department of Insurance Guidance updated 4/8/20, Guidance issued by the Alabama Board of Examiners in Psychology, CMS Section 1135 Medicaid Waiver approved 4/2/20, guidance on Telehealth and Licensing during COVID-19 updated 4/20/20, Psychologist Emergency Courtesy License Application (PDF, 1.2MB), Telemedicine is defined as health care services for mental health disorders, CMS Section 1135 Medicaid Waiver approved 3/23/20, Guidance from the Arizona Board of Psychologist Examiners dated 4/6/20, Temporary registration for independent practice, psychologist application for exam and/or licensure, Arkansas Department of Health has temporarily suspended certain regulations, COVID-19 Health Insurance Policy Information, revisions to the psychology licensing rules, emergency rule released by the Arkansas Board of Psychology, California Board of Psychology issued guidance, Insurance Commissioner guidance dated 3/30/20, Medi-Cal Information Notice No. Registration is required and out-of-state licensed psychologists must submit the completed Emergency Practice Registration Form within 10 days of practicing in the state. This guide includes the basics our businesses and workers need to safely get back to work. Trainees are not able to perform telehealth services. Executive Proclamation of Disaster Emergency dated 9/18/20 renewed and extended the provisions temporarily allowing for telehealth services to include audio-only and reimbursement parity for telehealth services (Section 68); extended the temporary licensure waivers (Section 91); and extended the state public health emergency declaration and through 10/18/20. Updates will be provided as new information becomes available. 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. Trainees may also provide supervised services via telehealth, if appropriate, for a particular patient or situation. Trainees are not eligible to perform telehealth services as they are not licensed, and Alaska’s Section 1135 waiver requires all providers to be licensed to perform services. Public Health Emergency still in effect, not yet terminated. About a month later, he appeared to have been elected to North Dakota's state House. Executive Order No. 20-06) for an additional 30 days through 8/2/20. Emergency state action on coverage of telehealth services? CMS Section 1135 Medicaid Waiver approved 3/24/20 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.**. YES for commercial health plans and Medicaid; reimbursement parity is required. Department of Insurance has published COVID-19 Health Insurance Policy Information, linking to individual commercial payers’ websites for specific coverage information. NMAC §§ 8.310.2.12(M), 8.308.9.18. Department of Health Guidance confirms that audio-only phone is available for patients with private insurance as well as Medicaid beneficiaries during the public health emergency. Emergency changes in originating sites requirements? The Oregon Board of Psychology filed a temporary rule amendment (OBP 4-2020) allowing an out-of-state psychologist licensed in good standing to temporarily provide telemental health services in Oregon. 2020-055 dated 7/30/20; and Executive Order No. Emergency licensure waiver? Emergency licensure waiver? Executive Order No. Executive Proclamation 20.29.7 dated 9/2/20  renewed and amended previous proclamations 20-29, 20-29.1, 20-29.2 and 29.3 implementing Engrossed Substitute Senate Bill (ESSB) 5385, Section 1 (Chapter 92, Laws of 2020) immediately to grant telehealth payment parity to health care providers through the termination of the COVID-19 State of Emergency or through 10/1/20, whichever occurs first. Existing state telehealth coverage mandate? Emergency orders related to temporary licensure expired 5/13/20. Trainees are not eligible to perform telehealth services as they are not licensed, and Colorado’s Section 1135 waiver requires all providers to be licensed to perform services. The governor issued a proclamation extending the declaration through 4/30/20. Minn. Rev. N.J. Stat. 20-02 recognizes audio-only phone for delivering telehealth services during the public health emergency. Medicaid’s Emergency Telehealth Policy dated 4/10/20 temporarily allows use of audio-only phone to deliver telehealth services. These state and local measures cover a range of issues, including business restrictions, gathering limitations, and full-scale shelter-in-place orders. Nevada Telehealth Memo dated 3/17/20 temporarily allows audio-only phone for delivering services to Medicaid beneficiaries. IL DFPR Guidance dated 3/30/20 interprets Executive Order 2020-09 to permit an out-of-state health care provider not licensed in Illinois to continue to provide health care services to an existing patient in Illinois via telehealth where there is a previously established provider/patient relationship for the duration of the declared public health emergency. Emergency state action to include audio-only phone? Guidance from the Arizona Board of Psychologist Examiners dated 4/6/20 temporarily expands the 20-day temporary licensure exemption for out-of-state licensed psychologists to a full temporary unrestricted license to practice for the duration of the declared COVID-19 state emergency. COVID-19: The Law and Your Legal Rights During the Coronavirus Outbreak The coronavirus (COVID-19) outbreak is disrupting almost every part of life in the U.S. (and around the globe). Existing state law does not have limitations on eligible originating sites. Department of Insurance COVID-19 resource page summarizes the COVID-19 telehealth coverage/billing policies for private health insurance plans with links to each plan’s website. Emergency state action on telehealth reimbursement parity? Emergency state action on coverage of telehealth services? 20-02) and expansion of telehealth services (Executive Order No. However, pediatric behavioral health care providers may not use audio-only phone or live chat with their patients. However, the guidance released on 3/18/20 does not specifically name technicians (or interns or postdocs). 2020-52) through 10/17/20. Amended and Restated Executive Order No. Legal Work Considered Essential; Firms Should Comply With Social Distancing Guidance; The most up-to-date information regarding Nevada’s response to COVID-19 can be found here 36, No. NY CLS Ins Law § 4306-g 01-20, Department of Financial Regulation issued Emergency Rule H-2020-02-E dated 3/30/20, Vermont Medicaid Provider Memorandum dated 4/8/20, Office of Professional Regulation issued guidance, emergency legislation signed into law on 3/30/20, emergency legislation also allows licensing boards to issue temporary licenses, DMAS will allow for telehealth (including telephonic) delivery, DMAS Guidance to Allow Home as Originating Site, Executive Order No. 20-02 recognizes audio-only phone to deliver telehealth services unclear when those will be allowed every 30 days eligible. Covid-19 Unemployment Assistance and COVID-19 related orders any restrictions to eligible originating sites?. 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