{"data":{"id":"us-ky/krs-211.336","jurisdiction":"us-ky","citation":"KRS 211.336","heading":"Duties of agency promulgating administrative regulations relating to","body":"telehealth -- Restrictions.\nIf a state agency authorized or required to promulgate administrative regulations relating\nto telehealth chooses to promulgate an administrative regulation relating to telehealth, the\nstate agency:\n(1) Shall:\n(a) Use terminology consistent with the glossary of telehealth terminology\nestablished by the cabinet pursuant to KRS 211.334; and\n(b) Comply with the minimum requirements established by t he cabinet pursuant\nto KRS 211.334;\n(2) Shall not:\n(a) Require a provider to be physically present with the recipient, unless the\nprovider determines that it is medically necessary to perform those services in\nperson;\n(b) Require prior authorization, medic al review, or administrative clearance for\ntelehealth that would not be required if a service were provided in person;\n(c) Require a provider to be employed by another provider or agency in order to\nprovide telehealth services that would not be required if  that service were\nprovided in person;\n(d) Require demonstration that it is necessary to provide services to a patient\nthrough telehealth;\n(e) Restrict or deny coverage of telehealth based solely on the communication\ntechnology or application used to deliver the telehealth services;\n(f) Prohibit the delivery of telehealth services to a person located in Kentucky by\na provider who is a participant in a recognized interstate compact and delivers\ntelehealth services to a person in Kentucky under the standards and provisions\nof that interstate compact;\n(g) Prohibit an insurer or managed care organization from utilizing audits for\nmedical coding accuracy in the review of telehealth services specific to audio -\nonly encounters;\n(h) Require a provider to be part of a telehealth network;\n(i) Prohibit the delivery of telehealth services to a person who is a permanent\nresident of Kentucky who is temporarily located outside of Kentucky by a\nprovider who is credentialed by a Kentucky professional licensure board;\n(j) Prohibit the delivery of telehealth services to a person who is not a permanent\nresident of Kentucky who is temporarily located in Kentucky by a provider\nwho is credentialed by a professional licensure board in the person's state of\npermanent residence; or\n(k) Require a health care provider to be physically located in the state that he or\nshe is credentialed in by a professional licensure board in order to provide\ntelehealth services to a person who is a permanent resident of the same state.\nNothing in this  paragraph shall be construed to imply that the Kentucky\nMedicaid program would be responsible for reimbursement for any services\nprovided in Kentucky by a provider not credentialed by the Kentucky\nMedicaid program; and\n(3) May promulgate administrative regulations, which shall be no more restrictive than\nadministrative regulations for providers who deliver healthcare services in person,\nto establish additional requirements relating to telehealth, including requirements:\n(a) For the proper use and security of telehealth;\n(b) To address emergency situations, including but not limited to suicidal\nideations or plans; threats to self or others; evidence of dependency, neglect,\nor abuse; or other life-threatening conditions;\n(c) To prevent waste, fraud, and abuse  of telehealth services, both in general and\nspecific to the provision of telehealth services delivered via audio -only\nencounters; or\n(d) That a telehealth provider be licensed in Kentucky, or as allowed under the\nstandards and provisions of a recognized i nterstate compact, in order to\nreceive reimbursement for telehealth services.","path":["KRS Chapter 211"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=52663","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:12Z","sha256":"6c5fb6f0cccf53e68fd99f0a0f23eb108f1cc13bd1631865a52d6b1f565996fb","source_id":"us-ky","stale":false,"prev":"us-ky/krs-211.335","next":"us-ky/krs-211.338"},"notice":"GroundRules: Original legal text. Not legal advice."}