Kansas

CURRENT STATE LAWS & POLICY

AT A GLANCE

Medicaid Program

Kansas Medicaid

Administrator

Kansas Dept. of Health and Environment

Regional Telehealth Resource Center

Heartland Telehealth Resource Center

Medicaid Reimbursement

Live Video: Yes
Store-and-Forward: No
Remote Patient Monitoring: Yes

Private Payer Law

Law Exists: Yes
Payment Parity: No

Professional Requirements

Licensure Compacts:
IMLC, NLC, EMS, PSYPACT, ASLP, PTC, EMS
Consent Requirements: Yes

COVID-19

Last updated 08/30/2021

Audio Only Delivery

Medicaid:  Guidance for Telephonic Delivery for SUD Providers

STATUS: Active, until further notice

Medicaid: HCBS Waiver Services with Approved Telemedicine Option

STATUS: Active

Medicaid: Telemedicine Updates in Response to COVID-19

STATUS: Active, exceptions granted until rescinded

Medicaid: Expands Telemedicine to HCBS Services during COVID-19

STATUS: Active, exceptions granted until rescinded

Medicaid: Dental Codes Allowed by Telephone

STATUS: Expired

Medicaid: Expansion of Telemedicine Services Allowed by ECI and LEA Providers

STATUS: Active, exceptions granted until rescinded

Medicaid:  Additional Codes Added to Telemedicine

STATUS: Active, exceptions granted until rescinded

Medicaid: Tobacco Cessation Counseling via Telemedicine

STATUS: Active, exceptions granted until rescinded

Medicaid: Additional Telemedicine Coverage for BI Waiver Services During COVID-19

STATUS: Active, exceptions granted until rescinded

Medicaid: SED Waiver Codes Allowed via Telemedicine

STATUS: Active, exceptions granted until rescinded

Medicaid: Additional E/M Codes Allowed via Telemedicine

STATUS: Active, exceptions granted until rescinded

Medicaid:  Expansion of Telemedicine Services for Therapy Services

STATUS: Active, exceptions granted until rescinded

Medicaid:  I/DD Telemedicine Services During COVID-19

STATUS: Active

Medicaid: Expansion of Telemedicine Services Allowed by ECI and LEA Providers During COVID-19 Emergency

STATUS: Active, exceptions granted until rescinded

Medicaid 1915(c) Waiver: Appendix K – Autism; Brain Injury, Frail Elderly, Intellectual & Developmental Disability; Physical Disability; Serious Emotional Disturbance; Technology Assisted Combined

STATUS: Expired January 26, 2021; extended through Addendum

Medicaid 1915(c) Waiver: Appendix K Extension – Autism; Brain Injury, Frail Elderly, Intellectual & Developmental Disability; Physical Disability; Serious Emotional Disturbance; Technology Assisted Combined

STATUS: Active, expires six months post expiration of the federal Public Health Emergency declaration

Last updated 08/30/2021

Cross State Licensing

Medicaid: MCO Non-Network Provider Participation Requirements

STATUS: Active, exceptions granted until rescinded

Medicaid: Telemedicine Updates in Response to COVID-19

STATUS: Active, exceptions granted until rescinded

Office of Governor: Executive Order on Out-of-State Telemedicine

STATUS: Expired

Office of Governor: Executive Order on Professionals Utilizing Telemedicine

STATUS: Expired

Board of Healing Arts: Guidance on Telemedicine during COVID-19

STATUS: Active, license expires in 90 days if not renewed or 30 days after KS State of Emergency ends

Board of Healing Arts: Telemedicine Practice Form during COVID-19

STATUS: Active

Board of Healing Arts:  Licensure Waiver for Telemedicine Services

STATUS: Active, expires January 26, 2021

HB 2066: Out-of-State Providers

STATUS; Enacted

SB 14: Extends PHE & telemedicine requirements

STATUS: Enacted

SB 283: Extends the expanded use of telemedicine in response to the COVID-19 public health emergency

STATUS: Active, until March 31, 2022

Last updated 08/30/2021

Easing Consent Requirements

Medicaid: Telemedicine Updates in Response to COVID-19

STATUS: Active, exceptions granted until rescinded

Medicaid: Additional Telemedicine Coverage for BI Waiver Services During COVID-19

STATUS: Active, exceptions granted until rescinded

Medicaid:  Wheelchair Seating Assessment Codes Allowed by Telemedicine

STATUS: Active, exceptions granted until rescinded

Medicaid:  Allowance of Additional Mental Health Crisis Intervention Codes

STATUS: Active, exceptions granted until rescinded

Medicaid:  I/DD Telemedicine Services During COVID-19

STATUS: Active

Medicaid: Clarification on Written Consent

STATUS: Active

Last updated 08/30/2021

Easing Prescribing Requirements

Office of Governor: Executive Order on Professionals Utilizing Telemedicine

STATUS: Expired

Board of Healing Arts: Guidance on Telemedicine during COVID-19

STATUS: Active, license expires in 90 days if not renewed or 30 days after KS State of Emergency ends

Last updated 08/30/2021

Miscellaneous

Medicaid:  Telemedicine Billing Guidelines During COVID-19

STATUS: Active

Medicaid 1915(c) Waiver: Appendix K – Autism; Brain Injury, Frail Elderly, Intellectual & Developmental Disability; Physical Disability; Serious Emotional Disturbance; Technology Assisted Combined

STATUS: Expired January 26, 2021; extended through Addendum

Medicaid 1915(c) Waiver: Appendix K Extension – Autism; Brain Injury, Frail Elderly, Intellectual & Developmental Disability; Physical Disability; Serious Emotional Disturbance; Technology Assisted Combined

STATUS: Active, expires six months post expiration of the federal Public Health Emergency declaration

Office of the Governor:  Executive Order on Broadband

STATUS: Active, until rescinded

Secretary of State: Certification of  Temporary Regulations in SB 14

STATUS: Expired March 31, 2021

SB 14: Extends temporary COVID-19 policy

STATUS: Expired March 31, 2021

HB 2048:  Extends telemedicine requirements

STATUS: Enacted

Last updated 08/30/2021

Originating Site

Medicaid: Telemedicine Updates in Response to COVID-19

STATUS: Active, exceptions granted until rescinded

Medicaid:  Expansion with Select Telemedicine Allowed Codes/Home Setting

STATUS: Active, exceptions granted until rescinded

Medicaid:  Additional Codes Added to Telemedicine

STATUS: Active, exceptions granted until rescinded

Medicaid: Additional Telemedicine Coverage for BI Waiver Services During COVID-19

STATUS: Active, exceptions granted until rescinded

Medicaid: SED Waiver Codes Allowed via Telemedicine

STATUS: Active, exceptions granted until rescinded

Medicaid: Additional E/M Codes Allowed via Telemedicine

STATUS: Active, exceptions granted until rescinded

Medicaid:  Expansion of Telemedicine Services for Therapy Services

STATUS: Active, exceptions granted until rescinded

Medicaid:  Wheelchair Seating Assessment Codes Allowed by Telemedicine

STATUS: Active, exceptions granted until rescinded

Medicaid:  Allowance of Additional Mental Health Crisis Intervention Codes

STATUS: Active, exceptions granted until rescinded

Medicaid:  I/DD Telemedicine Services During COVID-19

STATUS: Active

Last updated 08/30/2021

Private Payer

Insurance Department: COVID-19 FAQs

STATUS: Active

Last updated 08/30/2021

Provider Type

Medicaid: Telemedicine Updates in Response to COVID-19

STATUS: Active, exceptions granted until rescinded

Medicaid: Dental Codes Allowed by Telephone

STATUS: Expired

Medicaid: Expansion of Telemedicine Services Allowed by ECI and LEA Providers

STATUS: Active, exceptions granted until rescinded

Medicaid: Additional Telemedicine Coverage for BI Waiver Services During COVID-19

STATUS: Active, exceptions granted until rescinded

Last updated 08/30/2021

Service Expansion

Medicaid: HCBS Waiver Services with Approved Telemedicine Option

STATUS: Active

Medicaid: Telemedicine Updates in Response to COVID-19

STATUS: Active, exceptions granted until rescinded

Medicaid: Expands Telemedicine to HCBS Services during COVID-19

STATUS: Active, exceptions granted until rescinded

Medicaid: Dental Codes Allowed by Telephone

STATUS: Expired

Medicaid:  Telemedicine Billing Guidelines During COVID-19

STATUS: Active

Medicaid: Allowance of T2011 for Tele-Video

STATUS: Active, until rescinded

Medicaid:  Expansion with Select Telemedicine Allowed Codes/Home Setting

STATUS: Active, exceptions granted until rescinded

Medicaid: Expansion of Telemedicine Services Allowed by ECI and LEA Providers

STATUS: Active, exceptions granted until rescinded

Medicaid:  Additional Codes Added to Telemedicine

STATUS: Active, exceptions granted until rescinded

Medicaid: Tobacco Cessation Counseling via Telemedicine

STATUS: Active, exceptions granted until rescinded

Medicaid: Additional Telemedicine Coverage for BI Waiver Services During COVID-19

STATUS: Active, exceptions granted until rescinded

Medicaid: SED Waiver Codes Allowed via Telemedicine

STATUS: Active, exceptions granted until rescinded

Medicaid: Additional E/M Codes Allowed via Telemedicine

STATUS: Active, exceptions granted until rescinded

Medicaid:  Expansion of Telemedicine Services for Therapy Services

STATUS: Active, exceptions granted until rescinded

Medicaid:  Wheelchair Seating Assessment Codes Allowed by Telemedicine

STATUS: Active, exceptions granted until rescinded

Medicaid:  Allowance of Additional Mental Health Crisis Intervention Codes

STATUS: Active, exceptions granted until rescinded

Medicaid:  Revisions to April 2020 NCCI PTP and MUE Files – Telemedicine and COVID-19

STATUS: Active

Medicaid:  I/DD Telemedicine Services During COVID-19

STATUS: Active

Medicaid 1915(c) Waiver: Appendix K – Autism; Brain Injury, Frail Elderly, Intellectual & Developmental Disability; Physical Disability; Serious Emotional Disturbance; Technology Assisted Combined

STATUS: Expired January 26, 2021; extended through Addendum

Medicaid 1915(c) Waiver: Appendix K Extension – Autism; Brain Injury, Frail Elderly, Intellectual & Developmental Disability; Physical Disability; Serious Emotional Disturbance; Technology Assisted Combined

STATUS: Active, expires six months post expiration of the federal Public Health Emergency declaration

Medicaid

Last updated 08/27/2021

Consent Requirements

Signed beneficiary consent for telehealth home services is required.

SOURCE: KS Dept. of Health and Environment, Kansas Medical Assistance Program, Provider Manual, Home Health Agency, p. AIII-19 (Aug. 2021) (Accessed Aug 2021).

Last updated 08/26/2021

Definitions

“Telemedicine is the use of communication equipment to link health care practitioners and patients in different locations. This technology is used by health care providers for many reasons, including increased cost efficiency, reduced transportation expenses, improved patient access to specialists and mental health providers, improved quality of care, and better communication among providers.”

Source: KS Dept. of Health and Environment, Kansas Medical Assistance Program, Provider Manual, General Benefits, p. 2-30 (Jun. 2021). (Accessed Aug. 2021).

‘‘Telemedicine,’’ including ‘‘telehealth,’’ means the delivery of healthcare services or consultations while the patient is at an originating site and the healthcare provider is at a distant site. Telemedicine shall be provided by means of real-time two-way interactive audio, visual, or audio-visual communications, including the application of secure video conferencing or store-and-forward technology to provide or support healthcare delivery, that facilitate the assessment, diagnosis, consultation, treatment, education and care management of a patient’s healthcare.

‘‘Telemedicine’’ does not include communication between:

    1. Healthcare providers that consist solely of a telephone voice-only conversation, email or facsimile transmission; or
    2. A physician and a patient that consists solely of an email or facsimile transmission.

SOURCE:  KS Statute Ann. § 40-2,211(5). & KS Dept. of Health and Environment, Kansas Medical Assistance Program, Provider Manual, General Benefits, p. 2-31 (Jun. 2021). (Accessed Aug. 2021).

Telemedicine is the use of communication equipment to link health care practitioners and patients in different locations. This technology is used by health care providers for many reasons, including increased cost efficiency, reduced transportation expenses, improved patient access to specialists and mental health providers, improved quality of care, and better communication among providers.

SOURCE:  KS Dept. of Health and Environment, Kansas Medical Assistance Program, Provider Manual, FQHC/RHC, p. 8-12 (Feb. 2021). (Accessed Aug. 2021).

Last updated 08/27/2021

Email, Phone & Fax

Telemedicine does not include communication between:

  • A healthcare provider that consists solely of a telephone voice-only conversation, email, or facsimile transmission.
  • A physician and a patient that consists solely of an email or facsimile transmission.

Email, telephone, and facsimile transmissions are not covered as telemedicine services.

SOURCE: KS Dept. of Health and Environment, Kansas Medical Assistance Program, Provider Manual, General Benefits, p. 2-31 & 2-32 (Jun. 2021). (Accessed Aug. 2021).

Email, telephone, and facsimile transmissions are not covered as telemedicine services.

SOURCE: KS Dept. of Health and Environment, Kansas Medical Assistance Program, Provider Manual, FQHC/RHC, 8-13, (Feb. 2021). (Accessed Aug. 2021).

Hospital E&M

A “comprehensive exam” is considered a “hands on” specialist examination. Telephone consultation with a specialist is not the equivalent of comprehensive exam.

SOURCE:  KS Dept. of Health and Environment, Kansas Medical Assistance Program, FFS Provider Manual, Hospital, p. 8-4 (Mar. 2021). (Accessed Aug. 2021).

Last updated 08/26/2021

Live Video

POLICY

Insurers (including Medicaid) cannot exclude from coverage a service solely because the service is provided through telemedicine, rather than in-person contact or based upon the lack of a commercial office for the practice of medicine, when such service is delivered by a healthcare provider.

SOURCE: KS Statute Ann. § 40-2,213(b).  (Accessed Aug. 2021). 

Services provided through telemedicine must be medically necessary and are subject to the terms and conditions of the individual’s health benefits plan.

Payment or reimbursement of covered healthcare services delivered through telemedicine is the payment or reimbursement for covered services that are delivered through personal contact.

SOURCE: KS Dept. of Health and Environment, Kansas Medical Assistance Program, Provider Manual, General Benefits, p.  2-31 & 32 (Jun. 2021). (Accessed Aug. 2021).

ELIGIBLE SERVICES/SPECIALTIES

Eligible services:

  • Office visits;
  • Individual psychotherapy;
  • Pharmacological management services.

The consulting or expert provider at the distant site must bill with the 02 place of service code.  The GT modifier is no longer required.

See manual for list of acceptable CPT codes.  Telemedicine will be reimbursed at the same rate as face-to-face services.

KMAP does not recognize CPT Codes 99241-99245 and 99251-99255.

SOURCE: KS Dept. of Health and Environment, Kansas Medical Assistance Program, Provider Manual, General Benefits, p. 2-30 (Jun. 2021) & FQHC/RHC, 8-12 (Feb. 2021), (Accessed Aug. 2021)

Mental health assessment can be delivered by a nonphysician at a professional level and delivered either face-to-face or through telemedicine. Consultation with a physician or other providers to assist with the individual’s specific crisis may be billed either as face-to-face or via Telemedicine.

SOURCE: KS Dept. of Health and Environment, Kansas Medical Assistance Program, Provider Manual, Mental Health, p. 8-10, 8-17 (Jul. 2021). (Accessed Aug. 2021).

Speech-language pathologists and audiologists licensed by KDADS may provide services via telemedicine. See manual for specific codes for eligible telemedicine services. Services must be provided via real-time, interactive (synchronous) audio-video telecommunication equipment that is compliant with HIPAA. Codes not appearing on the list are not covered via telemedicine.

SOURCE: KS Dept. of Health and Environment, Kansas Medical Assistance Program, Provider Manual, General Benefits, p. 2-28 & 2-29 (Jun. 2021). (Accessed Aug. 2021).

Kansas Medicaid does not authorize the use of telemedicine in the delivery of any abortion procedure.

SOURCE: KS Dept. of Health and Environment, Kansas Medical Assistance Program, Provider Manual, General Benefits, p. 2-32 (Jun. 2021). (Accessed Aug. 2021). 

Autism Service

Parent support and training as well as Family Adjustment Counseling can be provided via telemedicine, telehealth, or other modes of video distance monitoring methods that adhere to all required HIPPA guidelines and meet the state standards for telemedicine delivery methods.

SOURCE: KS Dept. of Health and Environment, Kansas Medical Assistance Program, Provider Manual, Autism Services, p. 8-5 & 8-8 (May 2019). (Accessed Aug. 2021). 

Intellectual/Developmentally Disabled Services

All functional assessments must be conducted in-person at a location of the individual’s choosing, or, if available, through the use of real-time interactive telecommunications equipment that includes, at a minimum, audio and video equipment.

SOURCE: KS Dept. of Health and Environment, Provider Manual, HCBS Intellectual/Developmentally Disabled, p. I-1 (Mar. 2019). (Accessed Aug. 2021). 

Substance Use Disorder directs providers to General Benefits manual telemedicine section.

SOURCE: KS Dept. of Health and Environment, Provider Manual, Substance Use Disorder, p. 8-10, (Jan. 21, 2020), (Accessed Aug. 2021).

ELIGIBLE PROVIDERS

Telemedicine and telehealth services may be delivered by a healthcare provider, which includes:

  • Physicians
  • Licensed Physician Assistants
  • Licensed Advanced Practice Registered Nurses
  • Other persons licensed, registered, certified, or otherwise authorized to practice by the behavioral sciences regulatory board.

SOURCE: KS Dept. of Health and Environment, Kansas Medical Assistance Program, Provider Manual, General Benefits, p. 2-30 (Jun. 2021). (Accessed Aug. 2021). 

Speech-language pathologists and audiologists licensed by the Kansas Department for Aging and Disability Services (KDADS) may also furnish appropriate and medically necessary services within their scope of practice via telemedicine. Services must be provided via real-time, interactive (synchronous) audio-video telecommunication equipment that is compliant with HIPAA.

SOURCE: KS Dept. of Health and Environment, Kansas Medical Assistance Program, Provider Manual, General Benefits, p. 2-27 (Jun. 2021); Early Childhood Intervention Fee-for-Service Provider Manual, p. 8-3 (Aug. 2021) ; Local Education Agency Services, p. 8-7 (Jan. 2020); & Rehabilitative Therapy Services, p. 8-4, (Oct. 2020). (Accessed Aug. 2021).

Providers who are not RHC or FQHC providers and are acting as the distant site will be reimbursed in accordance with a percentage of the Physician Fee Schedule and not an encounter rate.

SOURCE: KS Dept. of Health and Environment, Kansas Medical Assistance Program, Provider Manual, FQHC/RHC, 8-12, (Jan. 2021), (Accessed Aug. 2021).

ELIGIBLE SITES

No Reference Found

GEOGRAPHIC LIMITS

No Reference Found

FACILITY/TRANSMISSION FEE

The originating site, with the beneficiary present, may bill code Q3014 for the originating site fee with the appropriate POS code.

SOURCE: KS Dept. of Health and Environment, Kansas Medical Assistance Program, Provider Manual, General Benefits, p. 2-30 (Jun. 2021). & KS Dept. of Health and Environment, Kansas Medical Assistance Program, RHC/FQHC Fee-for-Service Provider Manual, Benefits & Limitations, p. 8-12 (Accessed Aug. 2021).

 

 

Last updated 08/27/2021

Miscellaneous

Home Health Agencies

The face-to-face encounter may be conducted through telehealth, as implemented by the State.

SOURCE:  KS Dept. of Health and Environment, Kansas Medical Assistance Program, FFS Provider Manual, Home Health Agency, p. 8-7 (Aug. 2021). (Accessed Aug. 2021).

Except when otherwise prohibited by any other provision of law, when the patient consents and has a primary care or other treating physician, the person providing telemedicine services will send within three business days a report to such primary care or other treating physician of the treatment and services rendered to the patient in the telemedicine encounter.

SOURCE: KS Dept. of Health and Environment, Kansas Medical Assistance Program, Provider Manual, General Benefits, p. 2-31 (Jun. 2021). (Accessed Aug. 2021).

Hospice

Service Intensity Add-on (SIA) Payment for hospice care is not covered if provided by a social worker via telephone.

SOURCE:  KS Dept. of Health and Environment, Kansas Medical Assistance Program, FFS Provider Manual, Hospice, p. 8-11 (Oct. 2020). (Accessed Aug. 2021).

Last updated 08/27/2021

Out of State Providers

Notwithstanding any other provision of law, a physician holding a license issued by the applicable licensing agency of another state or who otherwise meets the requirements of this section may practice telemedicine to treat patients located in the state of Kansas, if such physician receives a telemedicine waiver issued by the state board of healing arts. The state board of healing arts shall issue such a waiver within 15 days from receipt of a complete application, if the physician:

  • Submits a complete application that may include evidence in the form of an affidavit from an authorized third party that the applicant meets the requirements of this section in a manner determined by the state board of healing arts and pays a fee not to exceed $100; and
  • holds an unrestricted license to practice medicine and surgery in another state or meets the qualifications required under Kansas law for a license to practice medicine and surgery and is not the subject of any investigation or disciplinary action by the applicable licensing agency.

A physician practicing telemedicine in accordance with this subsection shall conduct an appropriate assessment and evaluation of the patient’s current condition and document the appropriate medical indication for any prescription issued.

Nothing in this section shall supersede or otherwise affect the provisions of K.S.A. 65-4a10, and amendments thereto, or K.S.A. 2020 Supp. 40-2,210 et seq., and amendments thereto.

Any person who receives a telemedicine waiver under the provisions of this section shall be subject to all rules and regulations pertaining to the practice of the licensed profession in this state and shall be considered a licensee for the purposes of the professional practice acts administered by the state board of healing arts.

A waiver issued under this section shall expire on the date of expiration established by the state board of healing arts unless renewed in the manner established by the state board of healing arts, including payment of an annual renewal fee not to exceed $100 and evidence that the applicant continues to meet the qualifications described in this section.

Notwithstanding any other provision of law to the contrary, a physician holding a license issued by the applicable licensing agency of another state may provide, without limitation, consultation through remote technology to a physician licensed in the state of Kansas.

An applicable healthcare licensing agency of this state may adopt procedures consistent with this section to allow other healthcare professionals licensed and regulated by such licensing agency to practice telemedicine within the scope of practice defined by Kansas law for such healthcare profession as deemed by such licensing agency to be consistent with ensuring patient safety.

Nothing in this section shall be construed to prohibit a licensing agency from denying an application for a waiver under this section if the licensing body determines that granting the application may endanger the health and safety of the public.

As used in this subsection, “telemedicine” means the delivery of healthcare services by a healthcare provider while the patient is at a different physical location.

SOURCE: HB 2280 (2021). (Accessed Aug. 2021).

Last updated 08/26/2021

Overview

Kansas Medicaid covers live video telemedicine for certain services.  Additionally, they also cover remote patient monitoring that is in real-time through home health agencies and with prior authorization.

All insurers (including Medicaid) must cover medically necessary services, subject to the terms and conditions of the contract. Medicaid specifically must provide reimbursement for speech language pathology services and audiology services.

Last updated 08/27/2021

Remote Patient Monitoring

POLICY

Kansas Medicaid will reimburse for home telehealth. The policy states:

“Home telehealth uses real-time, interactive, audio/video telecommunication equipment to monitor patients in the home setting, as opposed to a nurse visiting the home. This technology may be used to monitor the beneficiary for significant changes in health status, provide timely assessment of chronic conditions and provide other skilled nursing services.”

SOURCE:  Dept. of Health and Environment, Kansas Medical Assistance Program, Provider Manual, Home Health, p. 8-29 (Aug. 2021) (Accessed Aug. 2021).

Home and Community Based Services for the Frail Elderly

“Home Telehealth is a remote monitoring system that enables the participant to effectively manage one or more diseases and catch early signs of trouble so intervention can occur before the participant’s health declines. The provision of Home Telehealth involves participant education specific to one or more diseases (e.g. COPD, CHF, hypertension, and diabetes), counseling, and nursing supervision.

SOURCE:  Kansas Medical Assistance Program, Provider Manual, HCBS Frail Elderly, p. 8-17. (May 2019) (Accessed Aug. 2021).

CONDITIONS

See manual for the codes to use for the provision of telehealth visits to provide long-term care home health services and to assist beneficiaries in managing their diabetes.

SOURCE:  Dept. of Health and Environment, Kansas Medical Assistance Program, Provider Manual, Home Health, p. AIII-3-AIII-6. (Aug. 2021). (Accessed Aug. 2021).

Home and Community Based Services for the Frail Elderly

Telehealth services (including remote patient monitoring) are provided on an individualized basis for participants who have an identified need in their ISPOC. Participant options and information are provided and discussed during the development of the Integrated Service Plan of Care (ISPOC).  The participant can qualify if either of the following apply:

  • The participant is in need of disease management consultation and education AND has had two or more hospitalizations, including emergency room (ER) visits, within the previous year related to one or more diseases.
  • The participant is using MFP to move from a nursing facility back into the community.

SOURCE:  Dept. of Health and Environment, Kansas Medical Assistance Program, Provider Manual, HCBS Frail Elderly, p. 8-17 & 8-18, (May 2019). (Accessed Aug. 2021).  

PROVIDER LIMITATIONS

Home Telehealth services must be provided by a registered nurse or licensed practical nurse. Agencies may bill skilled nursing services on the same date of service as telehealth services.

SOURCE:  Dept. of Health and Environment, Kansas Medical Assistance Program, Provider Manual, Home Health, p. 8-29 (Aug. 2021). (Accessed Aug. 2021). 

 Home and Community Based Services for the Frail Elderly

Must be delivered by a registered nurse or licensed practical nurse with RN supervision.  Providers can include home health agencies or county health departments with system equipment capable of monitoring participant vital signs daily.  This includes (at a minimum) heart rate, blood pressure, mean arterial pressure, weight, oxygen saturation, and temperature. Also, the provider must have the capability to ask the participant questions which are tailored to his or her diagnosis. The provider and equipment must have needed language options such as English, Spanish, Russian, and Vietnamese.

SOURCE:  Dept. of Health and Environment, Kansas Medical Assistance Program, Provider Manual, HCBS Frail Elderly, p. 8-18-19, (May 2019), (Accessed Aug. 2021).

OTHER RESTRICTIONS

Providers must submit literature to the fiscal agent’s Provider Enrollment team pertaining to the telecommunication equipment the agency has chosen that will allow thorough physical assessments such as: assessment of edema, rashes, bruising, skin conditions, and other significant changes in health status.

Providers must satisfy all the enrollment/demonstration requirements. See manual for specific demonstration criteria.

Providers are eligible for reimbursement of home telehealth services that meet the following criteria:

  • Prescribed by a physician or allowed nonphysician practitioner;
  • Considered medically necessary;
  • Signed beneficiary consent for telehealth services;
  • Skilled nursing service;
  • Does not exceed program limitations (two visits per week for non-Home and Community Based Services beneficiaries)

Prior authorization required.

SOURCE:  Dept. of Health and Environment, Kansas Medical Assistance Program, Provider Manual, Home Health, p. AIII-19. (Aug. 2021). (Accessed Aug. 2021).

Home Telehealth Limitations

  • Providers must bill T1030 and T1031 with place of service 02 for home telehealth skilled nursing visits. These codes are per visit.
  • PAs are entered for no more than 60 days. Home telehealth services cannot be approved for durations of more than 60 days. Additional documentation may be required to support continuation of home telehealth service requests that exceed 60 days.
  • Telehealth visits must be provided by a registered nurse or licensed practical nurse.
  • Telehealth visits must use face-to-face, real-time, interactive video contact to monitor beneficiaries in the home setting as opposed to a nurse visiting the home. This technology can be used to monitor a beneficiary’s health status and to provide timely assessments of chronic conditions and other skilled nursing services.
  • HCBS beneficiaries eligible for face-to-face skilled nursing visits provided by a home health agency may receive home telehealth visits with documentation of medical necessity and prior authorization (PA).  The PA must include units to cover the duration and frequency of home telehealth visits. Oral medication administration or monitoring is not considered skilled care.
  • Oral medication administration or monitoring is not considered skilled care.

SOURCE:  Dept. of Health and Environment, Kansas Medical Assistance Program, Provider Manual, Home Health, p. AIII-8. (Aug. 2021). (Accessed Aug. 2021).

 Home and Community Based Services for the Frail Elderly

See HCBS Frail Elderly provider manual for documentation requirements.

SOURCE:  Dept. of Health and Environment, Kansas Medical Assistance Program, Provider Manual, HCBS Frail Elderly, p. 8-19 & 8-20  (May 2019), (Accessed Aug. 2021).

Last updated 08/27/2021

Store and Forward

POLICY

Kansas Medicaid requires the patient to be present at the originating site indicating store-and-forward will not be reimbursed, despite including store-and-forward in their definition of telemedicine.

SOURCE: KS Dept. of Health and Environment, Kansas Medical Assistance Program, Provider Manual, General Benefits, p. 2-30 & 2-31 (Jun. 2021). (Accessed Aug. 2021).

ELIGIBLE SERVICES/SPECIALTIES

No Reference Found

GEOGRAPHIC LIMITS

No Reference Found

TRANSMISSION FEE

No Reference Found

Private Payer

Last updated 08/30/2021

Definitions

‘‘Telemedicine,’’ including ‘‘telehealth,’’ means the delivery of healthcare services or consultations while the patient is at an originating site and the healthcare provider is at a distant site. Telemedicine shall be provided by means of real-time two-way interactive audio, visual, or audio-visual communications, including the application of secure video conferencing or store-and-forward technology to provide or support healthcare delivery, that facilitate the assessment, diagnosis, consultation, treatment, education and care management of a patient’s healthcare. ‘‘Telemedicine’’ does not include communication between:

    1. Healthcare providers that consist solely of a telephone voice-only conversation, email or facsimile transmission; or
    2. a physician and a patient that consists solely of an email or facsimile transmission.

SOURCE:  KS Statute Ann. § 40-2,211(5).  (Accessed Aug. 2021).

Last updated 08/30/2021

Parity

SERVICE PARITY

Payment can be limited to only services that are medically necessary, subject to the terms and conditions of the covered individual’s health benefits plan.

SOURCE:  KS Statute Ann. § 40-2,213.  (Accessed Aug. 2021).

PAYMENT PARITY

Payment or reimbursement for covered services delivered through telemedicine may be established by an insurance company, nonprofit health service corporation, nonprofit medical and hospital service corporation or health maintenance organization in the same manner as payment or reimbursement for covered services that are delivered via in-person contact are established.

SOURCE:  KS Statute Ann. § 40-2,213. (Accessed Aug. 2021).

Last updated 08/30/2021

Requirements

Insurers cannot exclude an otherwise covered healthcare service from coverage solely because such service is provided through telemedicine, rather than in-person contact, or based upon the lack of a commercial office for the practice of medicine, when such service is delivered by a healthcare provider.

The insured’s medical record shall serve to satisfy all documentation for the reimbursement of all telemedicine healthcare services, and no additional documentation for telemedicine is required.

SOURCE:  KS Statute Ann. § 40-2,213.  (Accessed Aug. 2021).

Professional Requirements

Last updated 08/30/2021

Consent Requirements

No Reference Found

Last updated 08/30/2021

Cross State Licensing

A physician holding a license issued by the applicable licensing agency of another state or who otherwise meets the requirements of this section may practice telemedicine to treat patients located in the state of Kansas, if such physician receives a telemedicine waiver issued by the state board of healing arts. The state board of healing arts shall issue such a waiver within 15 days from receipt of a complete application.  See text for details.

SOURCE: House Bill 2208 (2021 Session), (Accessed Aug. 2021).

Last updated 08/30/2021

Definitions

‘‘Telemedicine,’’ including ‘‘telehealth,’’ means the delivery of healthcare services or consultations while the patient is at an originating site and the healthcare provider is at a distant site. Telemedicine shall be provided by means of real-time two-way interactive audio, visual, or audio-visual communications, including the application of secure video conferencing or store-and-forward technology to provide or support healthcare delivery, that facilitate the assessment, diagnosis, consultation, treatment, education and care management of a patient’s healthcare. ‘‘Telemedicine’’ does not include communication between:

    1. Healthcare providers that consist solely of a telephone voice-only conversation, email or facsimile transmission; or
    2. a physician and a patient that consists solely of an email or facsimile transmission.

SOURCE:  KS Statute Ann. § 40-2,211(5). (Accessed Aug. 2021).

Physicians with telemedicine waivers

“Telemedicine” means the delivery of healthcare services by a healthcare provider while the patient is at a different physical location.

SOURCE: House Bill 2208 (2021 Session), (Accessed Aug. 2021).

Last updated 08/30/2021

Licensure Compacts

Member of the Interstate Medical Licensure Compact.

SOURCE: Interstate Medical Licensure Compact. The IMLC. (Accessed Aug. 2021).

Member of Nurses Licensure Compact.

SOURCE:  Current NLC States and Status.  NCSBN. (Accessed Aug. 2021).

Member of the Psychology Interjurisdictional Compact. (Effective Jan. 1, 2022)

SOURCE: PSYPACT Compact and SB 170 (2021). (Accessed Aug. 2021).

Member of the Audiology and Speech-Language Therapy Compact.

SOURCE: ASLP Compact Map and SB 77 (2021). (Accessed Aug. 2021).

Member of Physical Therapy Compact.

SOURCE: PT Compact, Compact Map, (Accessed Sept. 2021).

Member of EMS Compact

SOURCE: Interstate Commission of EMS Personnel Practice, EMS Member States, (Accessed Sept. 2021).

Last updated 08/30/2021

Miscellaneous

No Reference Found

Last updated 08/30/2021

Online Prescribing

The same laws and regulations that apply to the prescribing of drugs, including controlled substances, by means of in-person contact shall apply to the prescribing of drugs, including controlled substances, by means of telemedicine.

SOURCE: KS Admin. Regs., Sec. 100-77-3. (Accessed Aug. 2021). 

Physicians must have a pre-existing patient-prescriber relationship.  Physicians are prohibited from prescribing drugs on the basis of an internet-based questionnaire, internet-based consult, or telephonic consultation.

SOURCE: KS Admin. Regs., Sec. 68-2-20(2). (Accessed Aug. 2021).

Telemedicine may be used to establish a valid provider-patient relationship.

SOURCE:  KS Statute Ann. § 40-2,212(b). (Accessed Aug. 2021).

“Telepharmacy” means the practice of pharmacy by a pharmacist located in Kansas using telecommunications or other automations and technologies to deliver personalized, electronically documented, real-time pharmaceutical care to patients or their agents, who are located at sites other than where the pharmacist is located, including prescription dispensing and counseling and to oversee and supervise telepharmacy outlet operations.

A pharmacist shall be in attendance at the telepharmacy outlet by connecting to the telepharmacy outlet via computer link, video link and audio link or other functionally equivalent telecommunications equipment and shall be available to consult with and assist the pharmacy technician in performing activities.

Not later than January 1, 2023, the board shall adopt rules and regulations necessary to specify additional criteria for a managing pharmacy and telepharmacy outlet under this section, including, but not limited to:

Application requirements;

  • structural, security, technology and equipment requirements;
  • staffing, training and electronic supervision requirements;
  • inventory record keeping and storage requirements;
  • labeling requirements;
  • establishment of policies and procedures;
  • the number of telepharmacy outlets that may be operated by a supervising pharmacy;
  • use of automated dispensing machines; and
  • criteria for requesting exemptions or waivers from the requirements set forth in rules and regulations adopted under this subsection.

SOURCE: SB 238 (2021). (Accessed Aug. 2021).

Physicians with telemedicine waivers

A physician practicing telemedicine in accordance with this subsection shall conduct an appropriate assessment and evaluation of the patient’s current condition and document the appropriate medical indication for any prescription issued.

SOURCE: House Bill 2208 (2021 Session), (Accessed Aug. 2021).

Last updated 08/30/2021

Professional Boards Standards

No Reference Found