Miscellaneous

The cabinet, in consultation with the Division of Telehealth Services within the Office of Inspector General as established in KRS 194A.105, shall:

• Provide guidance and direction to providers delivering health care services using telehealth or digital health
• Promote access to health care services provided via telehealth or digital health
• Maintain an online telehealth provider directory for consumer use; and
• No later than thirty (30) days after the effective date of this Act, promulgate administrative regulations in accordance with KRS Chapter 13A to:
  • 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;
  • 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 
  • Establish minimum requirements to prevent waste, fraud, and abuse related to telehealth; and
  • 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.

The cabinet is also required to study the impact of telehealth on health care delivery and submit annual reports to the Legislative Research Commission. See statute for details.

SOURCE: KY Statute Sec.  211.334.  (Accessed Mar. 2025).

A health-care facility that receives reimbursement under this section for consultations provided by a Medicaid-participating provider who practices in that facility and a health professional who obtains a consultation under this section shall establish quality-of-care protocols, which may include a requirement for an annual in-person or face-to-face consultation with a patient who receives telehealth services, and patient confidentiality guidelines to ensure that telehealth consultations meet all requirements and patient care standards as required by law.

The Department for Medicaid Services and any managed care organization with whom the department contracts for the delivery of Medicaid services shall not deny reimbursement for telehealth services covered by this section based solely on quality-of-care protocols adopted by a health-care facility.

SOURCE: KY Statute Sec. 205.559. (Accessed Mar. 2025).

The cabinet shall provide oversight, guidance, and direction to Medicaid providers delivering care using telehealth.

• The Department for Medicaid Services shall within 30 days after the effective date of the Act do the following:
  • Promulgate administrative regulations in accordance with KRS Chapter 13A to establish requirements for telehealth coverage and reimbursement rates, which shall be equivalent to coverage requirements and reimbursement rates for the same service provided in person unless the telehealth provider and the department or a managed care organization contractually agree to a lower reimbursement rate for telehealth services; and
  • Create, establish, or designate the claim forms, records required, and authorization procedures to be followed in conjunction with this section and KRS 205.559,
• Require that specialty care be rendered by a health care provider who is recognized and actively participating in the Medicaid program;
• Require that any required prior authorization requesting a referral or consultation for specialty care be processed by the patient’s primary care provider and that any specialist coordinates care with the patient’s primary care provider; and
• Require a telehealth provider to be licensed in Kentucky, or as allowed under the standards and provisions of a recognized interstate compact, in order to receive reimbursement for telehealth services.

The Cabinet for Health and Family Services cannot require a Medicaid provider to be a part of a telehealth network.

SOURCE: KY Statute Sec. 205.5591, (Accessed Mar. 2025).

For FQHCs and RHCs, a “visit” is defined as occurring in-person or via telehealth if authorized by 907 KAR 3:170.

SOURCE: KY 907 KAR 1:055 (37). (Accessed Mar. 2025).

See rule for requirements of health care providers performing a telehealth or digital health service, including those related to confidentiality, patient privacy, consent, credentialing.

SOURCE: KY 900 KAR 12:005 (Accessed Mar. 2025).

The Division of Telehealth Services has a Telehealth Terminology Glossary available.

SOURCE: KY 900 KAR 12:005. (Accessed Mar. 2025).

Behavioral Health Conditional Dismissal Pilot Program

A pilot program shall be established in no less than ten (10) counties selected by the Chief Justice of the Supreme Court to participate in a behavioral health conditional dismissal program. The pilot program shall begin January 1, 2023, and shall last for four (4) years unless extended or limited by the General Assembly.

SOURCE: KY Revised Statutes 533.272, (Accessed Mar. 2025).

Notwithstanding any other provision to the contrary, the clinical assessment may be conducted through telehealth or in person, whether the person charged is in the custody of the jail or has been released.

SOURCE:  KY Revised Statute 533.276. (Accessed Mar. 2025)

Corrections

The Department of Corrections shall:

• Promulgate administrative regulations to:
  • Require telehealth services in county jails

The department may promulgate administrative regulations in accordance with KRS Chapter 13A to implement a program that provides for reimbursement of telehealth consultations.

See statute for additional Information.

SOURCE: KY Revised Statutes 197.020. (Mar. 2025).

The provision of on-site medical and clinical services, including telehealth services and other in residence services, to an individual residing in a recovery residence by a licensed medical or behavioral health provider provided that:

• The licensed provider is not employed or contracted by the recovery residence unless at least one (1) of the following criteria is met:
  • The recovery residence does not receive payment from the licensed provider;
  • The recovery residence makes on-site clinical services available from an outside service provider, but each resident may utilize the clinical service provider of his or her choosing; or
  • The recovery residence is operated by or is a direct subsidiary of the licensed provider and the services are provided as part of a continuum of care that can be shown by the recovery residence operator to include step-down facilities with resident-driven length of stay or referral thereof

SOURCE: KY Revised Statutes 222.506, (Accessed Mar. 2025).