KRS 211.336: Duties of agency promulgating administrative regulations relating to

telehealth -- Restrictions.

If a state agency authorized or required to promulgate administrative regulations relating

to telehealth chooses to promulgate an administrative regulation relating to telehealth, the

state agency:

(1) Shall:

(a) Use terminology consistent with the glossary of telehealth terminology

established by the cabinet pursuant to KRS 211.334; and

(b) Comply with the minimum requirements established by t he cabinet pursuant

to KRS 211.334;

(2) Shall not:

(a) Require a provider to be physically present with the recipient, unless the

provider determines that it is medically necessary to perform those services in

person;

(b) Require prior authorization, medic al review, or administrative clearance for

telehealth that would not be required if a service were provided in person;

(c) Require a provider to be employed by another provider or agency in order to

provide telehealth services that would not be required if that service were

provided in person;

(d) Require demonstration that it is necessary to provide services to a patient

through telehealth;

(e) Restrict or deny coverage of telehealth based solely on the communication

technology or application used to deliver the telehealth services;

(f) Prohibit the delivery of telehealth services to a person located in Kentucky by

a provider who is a participant in a recognized interstate compact and delivers

telehealth services to a person in Kentucky under the standards and provisions

of that interstate compact;

(g) Prohibit an insurer or managed care organization from utilizing audits for

medical coding accuracy in the review of telehealth services specific to audio -

only encounters;

(h) Require a provider to be part of a telehealth network;

(i) Prohibit the delivery of telehealth services to a person who is a permanent

resident of Kentucky who is temporarily located outside of Kentucky by a

provider who is credentialed by a Kentucky professional licensure board;

(j) Prohibit the delivery of telehealth services to a person who is not a permanent

resident of Kentucky who is temporarily located in Kentucky by a provider

who is credentialed by a professional licensure board in the person's state of

permanent residence; or

(k) Require a health care provider to be physically located in the state that he or

she is credentialed in by a professional licensure board in order to provide

telehealth services to a person who is a permanent resident of the same state.

Nothing in this paragraph shall be construed to imply that the Kentucky

Medicaid program would be responsible for reimbursement for any services

provided in Kentucky by a provider not credentialed by the Kentucky

Medicaid program; and

(3) May promulgate administrative regulations, which shall be no more restrictive than

administrative regulations for providers who deliver healthcare services in person,

to establish additional requirements relating to telehealth, including requirements:

(a) For the proper use and security of telehealth;

(b) To address emergency situations, including but not limited to suicidal

ideations or plans; threats to self or others; evidence of dependency, neglect,

or abuse; or other life-threatening conditions;

(c) To prevent waste, fraud, and abuse of telehealth services, both in general and

specific to the provision of telehealth services delivered via audio -only

encounters; or

(d) That a telehealth provider be licensed in Kentucky, or as allowed under the

standards and provisions of a recognized i nterstate compact, in order to

receive reimbursement for telehealth services.