KRS 211.334: Establishment of minimum standards and requirements for use of

telehealth -- Administrative regulations -- Study and annual report on impact

of telehealth on care in state.

(1) The cabinet, in consultation with the Division of Telehealth Services within the

Office of Inspector General as established in KRS 194A.105, shall:

(a) Provide guidance and direction to providers delivering health care services

using telehealth or digital health;

(b) Promote access to health care services provided v ia telehealth or digital

health;

(c) Maintain an online telehealth provider directory for consumer use; and

(d) No later than thirty (30) days after June 29, 2021, promulgate administrative

regulations in accordance with KRS Chapter 13A to:

1. Establish a glossary of telehealth terminology to provide standard

definitions for all healthcare providers who deliver health care services

via telehealth, all state agencies authorized or required to promulgate

administrative regulations relating to telehealth, and all payors;

2. Establish minimum requirements for the proper use and security of

telehealth, including requirements for confidentiality and data integrity,

privacy and security, informed consent, privileging and credentialing,

reimbursement, and technology;

3. Establish minimum requirements to prevent waste, fraud, and abuse

related to telehealth; and

4. Maintain the discretion of state agencies authorized or required to

promulgate administrative regulations relating to telehealth to establish

requirements to authorize, prohibit, or otherwise govern the use of

telehealth in accordance with the state agencies' respective jurisdictions.

(2) In order to comply with the deadline for the promulgation of administrative

regulations established in subsection (1)(d) of this section, the cabinet may

promulgate emergency administrative regulations in accordance with KRS 13A.190.

(3) The cabinet, in consultation with the Department for Medicaid Services and any

managed care organization with whom the department contracts for the delivery of

Medicaid services, shall study the impact of telehealth on the health care delivery

system in Kentucky and shall submit an annual report to the Legislative Research

Commission no later than December 1 of each year. This report shall in clude

analysis of:

(a) The economic impact of telehealth on the Medicaid budget, including any

costs or savings as a result of decreased transportation expenditures and office

or emergency room visits;

(b) The quality of care as a result of telehealth services;

(c) Reimbursement and delivery of telehealth among all managed care

organizations with whom the department contracts for the delivery of

Medicaid services; and

(d) Any other issues deemed relevant by the cabinet, including any issues or

information deemed relevant by the Division of Telehealth Services pursuant

to KRS 194A.105(4).