Maryland

CURRENT STATE LAWS & POLICY

AT A GLANCE

Medicaid Program

Maryland Medicaid Assistance Program

Administrator

Maryland Dept. of Social Services

Regional Telehealth Resource Center

Mid-Atlantic Telehealth Resource Center

Medicaid Reimbursement

Live Video: Yes
Store-and-Forward: Yes
Remote Patient Monitoring: Yes

Private Payer Law

Law Exists: Yes
Payment Parity: Yes

Professional Requirements

Licensure Compacts:
IMLC, PTC, NLC, OT, CC, ASLP-IC, PSY
Consent Requirements: Yes

Last updated 08/31/2021

Audio Only Delivery

Medicaid: Telehealth Coverage

STATUS: Varies, legislation temporarily extends some flexibilities

Medicaid:  Letter to Behavioral Health Community (Telehealth)

STATUS: Varies, legislation temporarily extends some flexibilities

Medicaid: Letter to Behavioral Health (Telehealth Flexibilities Extended with Federal PHE Extension)

STATUS: Active

Medicaid: Guidance on Telehealth Services

STATUS: Varies, legislation temporarily extends some flexibilities

Medicaid: Additional Interpretive Guidance on Telephonic and Electronic Means

STATUS: Varies, legislation temporarily extends some flexibilities

Medicaid: FAQs for Opioid Treatment Program and Buprenorphine Providers

STATUS: Varies, legislation temporarily extends some flexibilities

Medicaid: FAQs for Behavioral Health Administration Partners

STATUS: Varies, legislation temporarily extends some flexibilities

Medicaid: Behavioral Health Guidance regarding Telehealth Expansion Regulations

STATUS: Active (Temporarily extended by legislation unless implemented by regulation)

Medicaid: Behavioral Health Administration Hospital Based Outpatient Programs Telehealth Guidance

STATUS: Varies, legislation temporarily extends some flexibilities

Medicaid: Follow-up Guidance on Temporary Telehealth Services

STATUS: Varies, legislation temporarily extends some flexibilities

Medicaid: Psychiatric Rehabilitation Programs

STATUS: Active (Temporarily extended by legislation unless implemented by regulation)

Medicaid: Behavioral Health Services

STATUS: Varies, legislation temporarily extends some flexibilities

Medicaid: General Health Care Services

STATUS: Active (Temporarily extended by legislation unless implemented by regulation)

Office of the Governor: Executive Order to authorize audio-only and flexibility regarding HIPAA

STATUS: Expired (Legislation temporarily extends audio-only flexibility until June 30, 2023, federal PHE maintains HIPAA flexibility)

Medicaid: Behavioral Health COVID FAQs

STATUS: Varies, legislation temporarily extends some flexibilities

Medicaid: IEP/IFSP Follow-Up Guidance on Telephone Telehealth Services

STATUS: Varies, legislation temporarily extends some flexibilities

Medicaid: DDA Waiver Programs Telehealth and Telephonic Guidance

STATUS: Varies, legislation temporarily extends some flexibilities

Medicaid: Use of Telephonic and Electronic Communication by Direct Care Providers

STATUS: Varies, legislation temporarily extends some flexibilities

Medicaid: Telehealth Guidance for School-Based Health Centers during the COVID-19 Public Health Emergency

STATUS: Varies, legislation temporarily extends some flexibilities

Medicaid: Telephone/Telehealth Services Authorized for Intensive Outpatient SUD Programs

STATUS: Varies, legislation temporarily extends some flexibilities

Medicaid:Telephone/Telehealth Services Authorized for Intensive Outpatient SUD Programs

STATUS: Varies, legislation temporarily extends some flexibilities

Medicaid: Telehealth Guidance for SUD Residential Treatment Services During the COVID-19 Outbreak.

STATUS: Varies, legislation temporarily extends some flexibilities

Office of Governor: Executive Order on Telehealth and Audio-Only Services

STATUS: Expired (Legislation extends audio-only flexibilities until June 30, 2023)

Medicaid 1915(c) Waiver: Waiver for Children with Autism Spectrum Disorder; Waiver for Adults with Brain Injury; Home and Community Based Options Waiver; Model Waiver for Fragile Children (Model Waiver); and Medical Day Care Services Waiver

STATUS: Active, until Six (6) months after the end of the COVID-19 PHE

Medicaid 1915(c) Waiver: Waiver for Children with Autism Spectrum Disorder; Waiver for Adults with Brain Injury; Home and Community Based Options Waiver; Model Waiver for Fragile Children (Model Waiver); and Medical Day Care Services Waiver

STATUS: Active, until Six (6) months after the end of the COVID-19 PHE

Medicaid 1915(c) Waiver: Family Supports, Community Supports, and, Community Pathways Waivers

STATUS: Active, until Six (6) months after the end of the COVID-19 PHE

STATUS: Enacted

HB 123/SB 3 : Extends many telehealth flexibilities including relaxed originating site restrictions, as well as audio-only and parity until June 30, 2023

STATUS: Enacted

Last updated 08/31/2021

Cross State Licensing

Department of Health: Order Regarding Board of Examiners for Audiology, Hearing Aid Dispensers and Speech Language Pathologists

STATUS: Expired

Board of Physicians: Telehealth COVID-19 FAQs

STATUS: Expired

Last updated 08/31/2021

Easing Prescribing Requirements

Medicaid: FAQs for Opioid Treatment Program and Buprenorphine Providers

STATUS: Varies, legislation temporarily extends some flexibilities

Medicaid: Behavioral Health COVID FAQs

STATUS: Varies, legislation temporarily extends some flexibilities

Department of Health: FAQs on Telehealth

STATUS: Active

Board of Physicians: Telehealth COVID-19 FAQs

STATUS: Expired

Office of Governor: Executive Order on Telehealth and Audio-Only Services

STATUS: Expired

STATUS: Enacted

HB 123/SB 3 : Extends many telehealth flexibilities including relaxed originating site restrictions, as well as audio-only and parity until June 30, 2023

STATUS: Enacted

Last updated 08/31/2021

Miscellaneous

Medicaid: Letter to Behavioral Health (Telehealth Flexibilities Extended with Federal PHE Extension)

STATUS: Active

Medicaid 1915(c) Waiver: Extension Waiver for Children with Autism Spectrum Disorder; Waiver for Adults with Brain Injury; Home and Community Based Options Waiver; Model Waiver for Fragile Children (Model Waiver); and Medical Day Care Services Waiver

STATUS: Active, extends current waiver until six months after the PHE

Medicaid 1915(c) Waiver: Extension Family Supports, Community Supports, and, Community Pathways Waivers

STATUS: Active, extends current waiver until six months after the PHE

SB 1080: Allows Governor to Waive Telehealth Requirements

STATUS: Enacted

STATUS: Enacted

HB 123/SB 3 : Extends many telehealth flexibilities including relaxed originating site restrictions, as well as audio-only and parity until June 30, 2023

STATUS: Enacted

Last updated 08/30/2021

Originating Site

Medicaid: Telehealth Coverage

STATUS: Active (Temporarily extended by legislation unless implemented by regulation)

Medicaid: Guidance on Telehealth Services

STATUS: Varies, legislation temporarily extends some flexibilities

Medicaid:  Letter to Behavioral Health Community (Telehealth)

STATUS: Varies, legislation temporarily extends some flexibilities

Medicaid: Letter to Behavioral Health (Telehealth Flexibilities Extended with Federal PHE Extension)

STATUS: Active

Medicaid: FAQs for Behavioral Health Administration Partners

STATUS: Varies, legislation extends some flexibilities

Medicaid: Home Health Agencies

STATUS: Active (Temporarily extended by legislation unless implemented by regulation)

Medicaid: Behavioral Health Administration Hospital Based Outpatient Programs Telehealth Guidance

STATUS: Active (Temporarily extended by legislation unless implemented by regulation)

Medicaid: Telehealth Expansion

STATUS: Active, until further notice

Medicaid: Psychiatric Rehabilitation Programs

STATUS: Active (Temporarily extended by legislation unless implemented by regulation)

Medicaid: Behavioral Health Services

STATUS: Varies, legislation temporarily extends some flexibilities

Medicaid: General Health Care Services

STATUS: Active (Temporarily extended by legislation unless implemented by regulation)

Medicaid: Behavioral Health COVID FAQs

STATUS: Varies, legislation extends some flexibilities

Medicaid: Telehealth Guidance for School-Based Health Centers during the COVID-19 Public Health Emergency

STATUS: Active (Temporarily extended by legislation unless implemented by regulation)

HB 123/SB 3 – Extends many telehealth flexibilities including relaxed originating site restrictions, as well as audio-only and parity until June 30, 2023

STATUS: Enacted

Last updated 08/31/2021

Private Payer

Department of Health: FAQs on Telehealth

STATUS: Active (Extended by legislation)

STATUS: Enacted

HB 123/SB 3 : Extends many telehealth flexibilities including relaxed originating site restrictions, as well as audio-only and parity until June 30, 2023

STATUS: Enacted

Last updated 08/30/2021

Provider Type

Medicaid: Guidance on Telehealth Services

STATUS: Varies, legislation temporarily extends some flexibilities

Medicaid:  Letter to Behavioral Health Community (Telehealth)

STATUS: Varies, legislation temporarily extends some flexibilities

Medicaid: Letter to Behavioral Health (Telehealth Flexibilities Extended with Federal PHE Extension)

STATUS: Active

Medicaid: Psychiatric Rehabilitation Programs

STATUS: Active (Temporarily extended by legislation unless implemented by regulation)

Medicaid: Behavioral Health Services

STATUS: Varies, legislation temporarily extends some flexibilities

Medicaid: General Health Care Services

STATUS: Active (Temporarily extended by legislation unless implemented by regulation)

Medicaid: Behavioral Health COVID FAQs

STATUS: Varies, legislation temporarily extends some flexibilities

Medicaid: Telehealth Guidance for ABA providers

STATUS: Varies, legislation temporarily extends some flexibilities

Medicaid: Telehealth Guidance for SUD Residential Treatment Services During the COVID-19 Outbreak.

STATUS: Varies, legislation temporarily extends some flexibilities

Office of the Governor: Executive Order terminates emergency and previous orders, though many flexibilities extended by legislation

STATUS: Enacted

HB 123/SB 3 : Extends many telehealth flexibilities including relaxed originating site restrictions, as well as audio-only and parity until June 30, 2023

STATUS: Enacted

Last updated 08/30/2021

Service Expansion

Medicaid: Guidance on Telehealth Services

STATUS: Varies, legislation temporarily extends some flexibilities

Medicaid:  Letter to Behavioral Health Community (Telehealth)

STATUS: Varies, legislation temporarily extends some flexibilities

Medicaid: Letter to Behavioral Health (Telehealth Flexibilities Extended with Federal PHE Extension)

STATUS: Active

Medicaid: FAQs for Behavioral Health Administration Partners

STATUS: Varies, legislation temporarily extends some flexibilities

Medicaid: Behavioral Health Guidance regarding Telehealth Expansion Regulations

STATUS: Active (Temporarily extended by legislation unless implemented by regulation)

Medicaid: Follow-up Guidance on Temporary Telehealth Services

STATUS: Varies, legislation temporarily extends some flexibilities

Medicaid: Psychiatric Rehabilitation Programs

STATUS: Active (Temporarily extended by legislation unless implemented by regulation)

Medicaid: Behavioral Health Services

STATUS: Varies, legislation temporarily extends some flexibilities

Medicaid: General Health Care Services

STATUS: Active (Temporarily extended by legislation unless implemented by regulation)

Medicaid: Telehealth Program Guidance-OT/PT/Speech and EPSDT Providers

STATUS: Permanent

Medicaid: Temporary Expansion of Remote Patient Monitoring Services

STATUS: Unclear unless implemented by regulation

Medicaid: Behavioral Health COVID FAQs

STATUS: Varies, legislation temporarily extends some flexibilities

Medicaid: MD Medicaid Telehealth Dentistry Guidance

STATUS: Unclear unless implemented by regulation

Medicaid: IEP/IFSP Follow-Up Guidance on Telephone Telehealth Services

STATUS: Varies, legislation temporarily extends some flexibilities

Medicaid: DDA Waiver Programs Telehealth and Telephonic Guidance

STATUS: Varies, legislation temporarily extends some flexibilities

Medicaid: Use of Telephonic and Electronic Communication by Direct Care Providers

STATUS: Varies, legislation temporarily extends some flexibilities

Medicaid: Telephone/Telehealth Services Authorized for Intensive Outpatient SUD Programs

STATUS: Varies, legislation temporarily extends some flexibilities

Medicaid:Telephone/Telehealth Services Authorized for Intensive Outpatient SUD Programs

STATUS: Varies, legislation temporarily extends some flexibilities

Medicaid: Telehealth Guidance for SUD Residential Treatment Services During the COVID-19 Outbreak.

STATUS: Varies, legislation temporarily extends some flexibilities

Medicaid: Well Child Visit

STATUS: Unclear unless implemented by regulation

Department of Health: Amended Directive and Order Regarding Nursing Home Matters

STATUS: Varies, legislation temporarily extends some flexibilities

STATUS: Enacted

HB 123/SB 3 : Extends many telehealth flexibilities including relaxed originating site restrictions, as well as audio-only and parity until June 30, 2023

STATUS: Enacted

Last updated 08/31/2021

Definitions

Recently Passed Legislation

“Telehealth” means the delivery of medically necessary somatic, dental, or behavioral health services to a patient at an originating site by a distant site provider through the use of technology–assisted communication.

“Telehealth” includes:

  • Synchronous and asynchronous interactions;
  • From July 1, 2021, to June 30, 2023, both inclusive, an audio–only telephone conversation between a health care provider and a patient that results in the delivery of a billable, covered health care service; and
  • Remote patient monitoring services.

“Telehealth” does not include the provision of health care services solely through:

  • Except as provided above, an audio–only telephone conversation;
  • An e–mail message; or
  • A facsimile transmission.

SOURCE: MD Health General Code 15-141.2 (As amended by HB 123/SB 3 (2021 Session). Accessed Aug. 2021.

“Telehealth means the delivery of medically necessary somatic or behavioral health services to a patient at an originating site by distant site provider, through the use of technology-assisted communication.”

SOURCE:  Code of Maryland Admin. Regs. Sec. 10.09.49.02. (Accessed Aug. 2021).

Last updated 08/31/2021

Email, Phone & Fax

Recently Passed Legislation – Effective until June 30, 2023

“Telehealth” includes, from July 1, 2021, to June 30, 2023, both inclusive, an audio–only telephone conversation between a health care provider and a patient that results in the delivery of a billable, covered health care service

“Telehealth” does not include the provision of health care services solely through:

  • Except as provided above, an audio–only telephone conversation;
  • An e–mail message; or
  • A facsimile transmission.

SOURCE: MD Health General Code 15-141.2 (As amended by HB 123/SB 3 (2021 Session). Accessed Aug. 2021.

No reimbursement for email.

No reimbursement for telephone.

No reimbursement for FAX.

No reimbursement for telephone conversation, electronic mail message or facsimile transmission between the originating and distant site providers.  There is also no reimbursement for telecommunication between providers without the participant present.

SOURCE: MD Medicaid Telehealth Program. Telehealth Provider Manual. Updated April 2020. p. 4, (Accessed Aug. 2021).

Last updated 08/31/2021

Live Video

POLICY

Recently Passed Legislation

Reimbursement for telehealth is required for services appropriately delivered through telehealth regardless of the location of the patient and may not exclude from coverage a health care service solely because it is through telehealth.

SOURCE: MD Health General Code 15-141.2 (As amended by HB 123/SB 3 (2021 Session). Accessed Aug. 2021.

Managed Care

MCOs shall provide coverage for medically necessary telemedicine services.

SOURCE: Code of Maryland Admin. Regs. Sec. 10.67.06.31. (Accessed Aug. 2021).

Maryland Medicaid provides a telehealth program that employs a “hub-and-spoke” model. This model involves real-time interactive communication between the originating and distant sites via a secure, two-way audiovisual telecommunication system. The “telepresenter,” physically located at the originating site with the participant, facilitates the telehealth communication between the participant and distant site provider by arranging, moving, or operating the telehealth equipment.

SOURCE: MD Medicaid Telehealth Program. Telehealth Program Manual, p. 1. Updated April 2020. (Accessed Aug. 2021).

Mental Health

The Department shall grant approval to a telemental health provider to be eligible to receive State or federal funds for providing interactive telemental health services if the provider meets requirements of this chapter and for outpatient mental health centers; or if the telemental heath provider is an individual psychiatrist.

SOURCE: Code of Maryland Admin. Regs. Sec. 10.21.30.03. (Accessed Aug. 2021).


ELIGIBLE SERVICES/SPECIALTIES

Covered Services – Somatic and behavioral health services:  Providers must contact the participant’s Healthchoice MCO or behavioral health ASO with questions regarding prior authorization requirements for telehealth services.

SOURCE: MD Medicaid Telehealth Program. Telehealth Program Manual, p. 2. Updated April 2020. (Accessed Aug. 2021).

The Department, under the Telehealth Program, covers medically necessary services covered by the Maryland Medical Assistance Program rendered by a distant site provider that are:

  • Distinct from services provided by the originating site provider;
  • Able to be delivered using technology-assisted communication; and
  • Clinically appropriate to be delivered via telehealth.

Services must be provided via telehealth to the same extent and standard of care as services provided in person; and as determined by the providers licensure or credentialing board, services performed via telehealth must be within the scope of a provider’s practice.

SOURCE: Code of Maryland Admin. Regs. Sec. 10.09.49.04. (Accessed Aug. 2021).

Services should be billed with the GT modifier.

SOURCE: Code of Maryland Admin. Regs. Sec. 10.09.49.10. (Accessed Aug. 2021).

Mental Health Eligible Services:

  • Diagnostic interview;
  • Individual therapy
  • Family therapy
  • Group therapy, up to 8 individuals
  • Outpatient evaluation and management
  • Outpatient office consultation
  • Initial inpatient consultation
  • Emergency department services

SOURCE: Code of Maryland Admin. Regs. Sec. 10.21.30.09. (Accessed Aug. 2021).

Services required to be provided shall include counseling and treatment for substance use disorders and mental health conditions. The Program may not exclude from coverage a behavioral health care service provided to a Program recipient in person solely because the service may also be provided through telehealth.

The Program may undertake utilization review, including preauthorization, to determine the appropriateness of any health care service whether the service is delivered through an in–person consultation or through telehealth if the appropriateness of the health care service is determined in the same manner.

For the purpose of reimbursement and any fidelity standards established by the Department, a health care service provided through telehealth is equivalent to the same health care service when provided through an in–person consultation.

SOURCE: MD General Health Code 15-141.2(c-e, h). (As amended by HB 123/SB 3 (2021 Session). (Accessed Aug. 2021).


ELIGIBLE PROVIDERS

“Health care provider” means:

  • A person who is licensed, certified, or otherwise authorized under the Health Occupations Article to provide health care in the ordinary course of business or practice of a profession or in an approved education or training program;
  • A mental health and substance use disorder program licensed in accordance with § 7.5–401 of this article;
  • A person licensed under Title 7, Subtitle 9 of this article to provide services to an individual with developmental disability or a recipient of individual support services; or
  • A provider as defined under § 16–201.4 of this article to provide services to an individual receiving long–term care services.

SOURCE: MD General Health Code 15-141.2(a)(4). (As amended by HB 123/SB 3 (2021 Session). (Accessed Aug. 2021).

The Program shall reimburse a health care provider for the diagnosis, consultation, and treatment of a Program recipient for a health care service covered by the Program that can be appropriately provided through telehealth. This subsection does not require the Program to reimburse a health care provider for a health care service delivered in person or through telehealth that is:

  • Not a covered health care service under the Program; or
  • Delivered by an out–of–network provider unless the health care service is a self–referred service authorized under the Program.

From July 1, 2021, to June 30, 2023, both inclusive, when appropriately provided through telehealth, the Program shall provide reimbursement on the same basis and the same rate as if the health care service were delivered by the health care provider in person. Reimbursement does not include:

  • Clinic facility fees unless the health care service is provided by a health care provider not authorized to bill a professional fee separately for the health care service; or
  • Any room and board fees.

The Department may specify in regulation the types of health care providers eligible to receive reimbursement for health care services provided to Program recipients under this section. If the Department specifies by regulation the types of health care providers eligible to receive reimbursement for health care services provided to Program recipients under this subsection, the regulations shall include all types of health care providers that appropriately provide telehealth services.

The Program or a managed care organization that participates in the Program may not impose as a condition of reimbursement of a covered health care service delivered through telehealth that the health care service be provided by a third–party vendor designated by the Program.

The Department may adopt regulations to carry out this section. The Department shall obtain any federal authority necessary to implement the requirements of this section, including applying to the Centers for Medicare and Medicaid Services for an amendment to any of the State’s § 1115 waivers or the State plan. This section may not be construed to supersede the authority of the Health Services Cost Review Commission to set the appropriate rates for hospitals, including setting the hospital facility fee for hospital–provided telehealth.

SOURCE: MD General Health Code 15-141.2(g-l). (As amended by HB 123/SB 3 (2021 Session). (Accessed Aug. 2021).

Effective October 7, 2019, all distant site providers enrolled in Maryland Medicaid may provide services via telehealth as long as telehealth is a permitted delivery model within the rendering provider’s scope of practice. Providers should consult their licensing board prior to rendering services via telehealth.

Telehealth providers must be enrolled in the Maryland Medical Assistance Program before rendering services via telehealth.

Only providers who are HIPAA compliant and meet Technical Requirements may bill for services rendered via telehealth.

SOURCE: MD Medicaid Telehealth Program. Telehealth Provider Manual, p. 1-3. Updated April 2020. (Accessed Aug. 2021).

Distant Site Providers may render services via telehealth within the provider’s scope of practice.

SOURCE:  Code of Maryland Admin. Regs. Sec. 10.09.49.06. (Accessed Aug. 2021).

Distant site providers may use secure space/areas in the provider’s home to engage in telehealth. Telehealth providers must meet the minimum requirements for privacy as well as the minimum requirements for technology.

Other permitted places of service from where to deliver services via telehealth include: school, office, inpatient hospital, outpatient hospital, emergency room, nursing facility, independent clinic, Federally Qualified Health Center (FQHC), community mental health center, non-residential substance abuse treatment facility, end-stage renal disease treatment facility, public health clinic.

SOURCE:  MD Medicaid Telehealth Program FAQs. p. 1, Updated April 2020. (Accessed Aug. 2021).

Mental Health

Eligible Providers:

  • Outpatient mental health centers
  • Telemental health providers who are individual psychiatrists.

Telemental health providers may be private practice, part of a hospital, academic, health or mental health care system.  Public Mental Health System (PMHS) approved community-based providers or individual practitioners may engage in agreements with TMH providers for services.  Fee-for-service reimbursement shall be at an enhanced rate, as stipulated by the Department, provided all applicable provisions of this chapter are met and funds are available.

SOURCE: Code of Maryland Admin. Regs. Sec. 10.21.30.03 & Sec. 10.21.30.04. (Accessed Aug. 2021).


ELIGIBLE SITES

Recently Passed Legislation

The Program shall provide health care services appropriately delivered through telehealth to Program recipients regardless of the location of the Program recipient at the time telehealth services are provided and allow a distant site provider to provide health care services to a Program recipient from any location at which the health care services may be appropriately delivered through telehealth.

SOURCE: MD General Health Code 15-141.2(b). (As amended by HB 123/SB 3 (2021 Session). (Accessed Aug. 2021).

Eligible originating sites:

  • College or university student health or counseling office
  • Community-based substance use disorder provider
  • Deaf or hard of hearing participant’s home or any other secure location approved by the participant and provider
  • Elementary, middle, high or technical school with a supported nursing, counseling or medical office
  • Local health department
  • FQHC
  • Hospital, including emergency department
  • Nursing facility
  • Private office of a physician, physician assistant, psychiatric nurse practitioner, nurse practitioner, or nurse midwife
  • Opioid treatment program
  • Outpatient mental health center
  • Renal dialysis center; or
  • Residential crisis services site

SOURCE: MD Medicaid Telehealth Program. Telehealth Provider Manual, p. 2. Updated April 2020. & Code of Maryland Admin. Regs. Sec. 10.09.49.06. (Accessed Aug. 2021).

Schools are permitted to act as originating sites under Medicaid telehealth Program regulations. All distant site providers enrolled in Maryland Medicaid may provide services via telehealth as long as telehealth is a permitted delivery model within the rendering provider’s scope of practice. Providers should consult their licensing board prior to rendering services via telehealth.

A school may still serve as the originating site for a telehealth interaction if the service is performed outside of an SBHC with an FQHC or local health department sponsor.

SOURCE:  MD Medicaid Telehealth Program FAQs. p. 1-2, Updated April 2020 & School-based Health Center Provider Manual, p. 23, Revised Sept. 14, 2020. (Accessed Aug. 2021).

Mental Health

Eligible Originating Sites:

  • County government offices appropriate for private clinical evaluation services;
  • Critical Access Hospital;
  • Federally Qualified Health Center;
  • Hospital;
  • Outpatient mental health center;
  • Physician’s office;
  • Rural Health Clinic;
  • Elementary, middle, high, or technical school with a supported nursing, counseling or medical office; or
  • College or university student health or counseling office.

SOURCE: Code of Maryland Admin. Regs. Sec. 10.21.30.05. (Accessed Aug. 2021).


GEOGRAPHIC LIMITS

Recently Passed Legislation

The Program may not distinguish between Program recipients in rural or urban locations in providing coverage under the Program for health care services delivered through telehealth.

SOURCE: MD General Health Code 15-141.2(f). (As amended by HB 123/SB 3 (2021 Session). (Accessed Aug. 2021).

The Telehealth Program serves Medicaid participants regardless of geographic location within Maryland.

SOURCE: MD Medicaid Telehealth Program. Telehealth Provider Manual. p. 1, Updated April 2020. (Accessed Aug. 2021).

Mental Health

To be eligible a beneficiary must reside in one of the designated rural geographic areas or whose situation makes person-to-person psychiatric services unavailable.

SOURCE: Code of Maryland Admin. Regs. Sec. 10.21.30.05. (Accessed Aug. 2021).


FACILITY/TRANSMISSION FEE

Hospital Billing Instructions

Facility charges related to the use of telemedicine services. This revenue code is payable for dates of service 10/1/13 forward.

SOURCE:  Maryland Dept. of Health Medical Assistance, UB04 Hospital Billing Instructions, 4/23/2020, p. 93 (Accessed Aug. 2021).

Last updated 08/31/2021

Miscellaneous

Expires June 30, 2025:

The Maryland Department of Health shall study whether, under the Maryland Medical Assistance Program, substance use disorder services may be appropriately provided through telehealth to a patient in the patient’s home setting.  On or before December 1, 2021, the Maryland Department of Health shall submit a report to the General Assembly that includes findings and recommendations.

SOURCE: HB 1208/SB 502 (2020 Session). (Accessed Aug. 2021).

Technology requirements for providers:

  • A camera that has the ability to manually, or under remote control, provider multiple views of a patient with the capability of altering the resolution, focus, and zoom requirements according to the consultation;
  • Have display monitor size sufficient to support diagnostic needs used in the service via telehealth;
  • Bandwidth speed and image resolution sufficient to provide quality video to meet a minimum of 15 frames per second, or higher, as industry standards change;
  • Unless engaging in a telehealth communication with a participant who is deaf or hard of hearing, audio equipment that ensures clear communication and includes echo cancellation;
  • Creates audio transmission with less than 300 millisecond delay;
  • Secure and HIPAA compliant telehealth communication;

A dedicated connection that provides bandwidth only for telehealth communications is preferable for services delivered via telehealth.

All tech staff must be trained in telehealth technology use and HIPAA compliance.

Provider manual outlines various telehealth provider scenarios.

SOURCE: MD Medicaid Telehealth Program. Telehealth Provider Manual. Updated April 2020. p. 3 & 7-8 (Accessed Aug. 2021).

Providers of health care services delivered through telehealth must use video and audio transmission with less than a 300 millisecond delay.  Other minimum technology requirements apply.

SOURCE: Code of Maryland Admin. Regs. Sec. 10.09.49.07. (Accessed Aug. 2021). 

Providers may not store at originating or distant site video images or audio portion of telemedicine services for future use.

SOURCE: Code of Maryland Admin. Regs. Sec. 10.09.49.08. (Accessed Aug. 2021).

Recently Passed Legislation – Effective October 1, 2021

Legislation adds additional requirements to the annual report on behavioral health services for children and young adults, including adding the number and percentage of those that used a public behavioral health service provided through telehealth.

SOURCE: HB 1243/SB 520 (2021 Session). (Accessed Aug. 2021).

Recently Passed Legislation 

The Maryland Health Services Cost Review Commission, the Maryland Department of Health, and the Maryland Insurance Administration, shall submit a report to the Senate Finance Committee and the House Health and Government Operations Committee on the impact of providing telehealth services. The Maryland Health Care Commission shall consider both audio–only and audio–visual technologies for purposes of reporting on the impact of providing telehealth services as required by this section.

Until and no later than June 30, 2023, while the Maryland Health Care Commission completes the study and submits the report for consideration by the General Assembly for the adoption of comprehensive telehealth policies by the State:

  • The Maryland Medical Assistance Program is to continue to reimburse health care providers for covered health care services provided through audio–only and audio–visual technology in accordance with the requirements of Section 1 of this Act, and all applicable executive orders and waivers issued in accordance with Chapters 13 and 14 of the Acts of the General Assembly of 2020
  • Insurers, nonprofit health service plans, and health maintenance organizations that are subject to § 15–139 of the Insurance Article as enacted by Section 1 of this Act continue to reimburse health care providers for covered health care services provided through audio–only and audio–visual technology in accordance with the requirements of Section 1 of this Act and all applicable accommodations made by the insurers, nonprofit health service plans, and health maintenance organizations during the Declaration of State of Emergency and Existence of Catastrophic Health Emergency – COVID–19 issued on March 5, 2020, and its renewals

The Maryland Health Care Commission should use the data collected from utilization and coverage of telehealth to complete the report.

The State is to use the report required to establish comprehensive telehealth policies for implementation after the Declaration of State of Emergency and Existence of Catastrophic Health Emergency – COVID–19 issued on March 5, 2020, and its renewals expire.

SOURCE: HB 123/SB 3 (2021 Session). Accessed Aug. 2021.

Last updated 08/31/2021

Out of State Providers

If you are rendering services via telehealth with a participant located in Maryland, then you are considered to be practicing in Maryland; therefore, you must be licensed in Maryland and are subject to your professional board’s licensure requirements.

It is your responsibility to ensure that you meet the Board licensure requirements. This includes consulting with the professional board in the state where the patient physically is located as well as where the provider is physically located. Failure to comply with licensure requirements involving services delivered via telehealth will likely have implications beyond Maryland Medicaid’s telehealth purview.

SOURCE:  MD Medicaid Telehealth Program FAQs. p. 2, Updated April 2020. (Accessed Aug. 2021).

Last updated 08/31/2021

Overview

Maryland Medicaid covers live video telehealth conducted by specific providers and in specific originating sites.  Recently passed legislation requires expanded coverage of asynchronous and remote patient monitoring modalities. Until June 30. 2023, the legislation also requires coverage of audio-only and telehealth reimbursement parity.

Last updated 08/31/2021

Remote Patient Monitoring

POLICY

Recently Passed Legislation

Remote patient monitoring services means the use of synchronous or asynchronous digital technologies that collect or monitor medical, patient–reported, and other forms of health care data for Program recipients at an originating site and electronically transmit that data to a distant site provider to enable the distant site provider to assess, diagnose, consult, treat, educate, provide care management, suggest self–management, or make recommendations regarding the Program recipient’s health care.

SOURCE: MD Health General Code 15-141.2 (As amended by HB 123/SB 3 (2021 Session). Accessed Aug. 2021.

Existing MD Medicaid guidance and regulation limits reimbursement for remote patient monitoring to certain chronic conditions.  Preauthorization requirements also apply.

SOURCE:  Remote Patient Monitoring.  MD Department of Health.  (Accessed Aug. 2021). 

No reimbursement for home health monitoring services is included under telehealth manual.

SOURCE: MD Medicaid Telehealth Program. Telehealth Provider Manual. Updated April 2020. p. 3, (Accessed Aug. 2021).


CONDITIONS

Recently Passed Legislation

Telehealth definition includes remote patient monitoring. The Program is required to reimburse a health care provider for the diagnosis, consultation, and treatment of a Program recipient for a health care service covered by the Program that can be appropriately provided through telehealth regardless of patient and provider location.

From July 1, 2021, to June 30, 2023, when appropriately provided through telehealth, the Program shall provide reimbursement in accordance on the same basis and the same rate as if the health care service were delivered by the health care provider in person. Reimbursement does not include:

  • Clinic facility fees unless the health care service is provided by a health care provider not authorized to bill a professional fee separately for the health care service; or
  • Any room and board fees.

The Department may adopt regulations to carry out this section.

SOURCE: MD Health General Code 15-141.2 (a-b, h)  (As amended by HB 123/SB 3 (2021 Session). Accessed Aug. 2021.

Existing guidance states Medicaid recipients diagnosed with one of the following conditions qualify:

  • Chronic Obstructive Pulmonary Disease
  • Congestive Heart Failure
  • Diabetes (Type 1 or 2)

The participant must be enrolled in Medicaid, consent to RPM, have an internet connect and capability to use monitoring tools and have one of the following scenarios within the most recent 12-month period:

  • Two hospital admissions with the same qualifying medical condition as the primary diagnosis
  • Two emergency room department visits with the same qualifying medical condition as the primary diagnosis
  • One hospital admission and one emergency department visit with the same qualifying medical condition as the primary diagnosis.

SOURCE:  MD Home Health Transmittal No. 64.  Jan. 10, 2018.  (Accessed Aug. 2021).


PROVIDER LIMITATIONS

Recently Passed Legislation

The Department may specify in regulation the types of health care providers eligible to receive reimbursement for health care services provided to Program recipients via telehealth. If the Department specifies by regulation the types of health care providers eligible to receive reimbursement for health care services provided to Program recipients under this subsection, the regulations shall include all types of health care providers that appropriately provide telehealth services.

The Program is not required to reimburse a health care provider for a health care service delivered in person or through telehealth that is:

  • Not a covered health care service under the Program; or
  • Delivered by an out–of–network provider unless the health care service is a self–referred service authorized under the Program.

SOURCE: MD General Health Code 15-141.2(g-h). (As amended by HB 123/SB 3 (2021 Session). (Accessed Aug. 2021).

Eligible Providers:

  • Home Health Agencies
  • Hospitals
  • Clinics
  • Federally Qualified Health Centers
  • Managed Care Organizations
  • Health Professionals (Physicians, Nurses, Physician Assistants)

SOURCE:  Remote Patient Monitoring.  MD Department of Health.  (Accessed Aug. 2021).


OTHER RESTRICTIONS

Preauthorization required.

The RPM reimbursement rate is an all-inclusive rate of $125 per 30 days of monitoring which covers equipment installation, participant education for using the equipment, and daily monitoring of the information transmitted for abnormal data measurements.

Reimbursement does not include RPM equipment, upgrades to RPM equipment or internet service for participants.

SOURCE:  MD Home Health Transmittal No. 64.  Jan. 10, 2018.  (Accessed Aug. 2021).

Last updated 08/31/2021

Store and Forward

POLICY

Recently Passed Legislation

Telehealth definition includes both synchronous and asynchronous interactions. The Program is required to reimburse a health care provider for the diagnosis, consultation, and treatment of a Program recipient for a health care service covered by the Program that can be appropriately provided through telehealth regardless of patient and provider location.

From July 1, 2021, to June 30, 2023, when appropriately provided through telehealth, the Program shall provide reimbursement in accordance on the same basis and the same rate as if the health care service were delivered by the health care provider in person.

The Department may adopt regulations to carry out this section.

SOURCE: MD Health General Code 15-141.2 (a-b, g, j)  (As amended by HB 123/SB 3 (2021 Session). Accessed Aug. 2021.

According to the Maryland Medicaid Telehealth Provider Manual, store and forward technology means the transmission of medical images or other media captured by the originating site provider and sent electronically to a distant site provider, who does not physically interact with the patient located at the originating site. As of the last update, the manual states that store-and-forward is only covered for dermatology, ophthalmology and radiology under Physician services of COMAR.

SOURCE: MD Medicaid Telehealth Program. Telehealth Provider Manual. p. 4, Updated April 2020. (Accessed Aug. 2021).


ELIGIBLE SERVICES/SPECIALTIES

MD regulations state store and forward technology does not meet the Maryland Medical Assistance Program’s definition of telehealth. However, dermatology, ophthalmology and radiology are excluded from definition of store-and-forward and they do reimburse for these services according to COMAR 10.09.02.07.

SOURCE: Code of Maryland Admin. Regs. Sec. 10.09.49.09. (Accessed Aug. 2021).


GEOGRAPHIC LIMITS

No Reference Found


TRANSMISSION FEE

No Reference Found

Last updated 08/31/2021

Definitions

Recently Passed Legislation

Telehealth means, as it relates to the delivery of health care services, the use of interactive audio, video, or other telecommunications or electronic technology by a licensed health care provider to deliver a health care service within the scope of practice of the health care provider at a location other than the location of the patient.

“Telehealth” includes from July 1, 2021, to June 30, 2023, both inclusive, an audio–only telephone conversation between a health care provider and a patient that results in the delivery of a billable, covered health care service. “Telehealth” does not include:

  • except as provided in paragraph (2) of this subsection, an audio–only telephone conversation between a health care provider and a patient;
  • an electronic mail message between a health care provider and a patient; or
  • a facsimile transmission between a health care provider and a patient.

SOURCE: MD Insurance Code 15-139 (As amended by HB 123/SB 3 (2021 Session). (Accessed Aug. 2021).

Last updated 08/31/2021

Parity

SERVICE PARITY

Recently Passed Legislation – Effective until June 30, 2023

From July 1, 2021, to June 30, 2023, both inclusive, when a health care service is appropriately provided through telehealth, an insurer, nonprofit health service plan, and health maintenance organization shall provide reimbursement on the same basis as if the health care service were delivered by the health care provider in person.

Reimbursement required does not include:

  • clinic facility fees unless the health care service is provided by a health care provider not authorized to bill a professional fee separately for the health care service; or
  • any room and board fees

SOURCE: Insurance Code 15-139 (As amended by HB 123/SB 3 (2021 Session). (Accessed Aug. 2021).

 

PAYMENT PARITY

Recently Passed Legislation – Effective until June 30, 2023

From July 1, 2021, to June 30, 2023, both inclusive, when a health care service is appropriately provided through telehealth, an insurer, nonprofit health service plan, and health maintenance organization shall provide reimbursement at the same rate as if the health care service were delivered by the health care provider in person.

This paragraph may not be construed to supersede the authority of the Health Services Cost Review Commission to set the appropriate rates for hospitals, including setting the hospital facility fee for hospital–provided telehealth.

SOURCE: Insurance Code 15-139 (As amended by HB 123/SB 3 (2021 Session). (Accessed Aug. 2021).

Last updated 08/31/2021

Requirements

Recently Passed Legislation

Insurers, nonprofit health service plans, and health maintenance organizations, shall provide coverage under a health insurance policy or contract for health care services appropriately delivered through telehealth regardless of the location of the patient at the time the telehealth services are provided.

Insurers may not exclude from coverage a health care service solely because it is provided through telehealth and is not provided through an in–person consultation or contact between a health care provider and a patient. Insurers may not exclude from coverage or deny coverage for a behavioral health care service that is a covered benefit under a health insurance policy or contract when provided in person solely because the behavioral health care service may also be provided through a covered telehealth benefit. The health care services appropriately delivered through telehealth shall include counseling and treatment for substance use disorders and mental health conditions.

An entity subject to this section:

  • Shall reimburse a health care provider for the diagnosis, consultation, and treatment of an insured patient for a health care service covered under a health insurance policy or contract that can be appropriately provided through telehealth;
  • Is not required to:
    • reimburse a health care provider for a health care service delivered in person or through telehealth that is not a covered benefit under the health insurance policy or contract;
    • or reimburse a health care provider who is not a covered provider under the health insurance policy or contract; and
  • May impose a deductible, copayment, or coinsurance amount on benefits for health care services that are delivered either through an in–person consultation or through telehealth;
    • May impose an annual dollar maximum as permitted by federal law;
    • May not impose a lifetime dollar maximum.

An insurer, health care service plan, and health maintenance organization may not impose as a condition of reimbursement of a covered health care service delivered through telehealth that the health care service be provided by a third–party vendor designated by the entity.

An entity may undertake utilization review, including preauthorization, to determine the appropriateness of any health care service whether the service is delivered through an in–person consultation or through telehealth if the appropriateness of the health care service is determined in the same manner.

A health insurance policy or contract may not distinguish between patients in rural or urban locations in providing coverage under the policy or contract for health care services delivered through telehealth.

A decision by an entity subject to this section not to provide coverage for telehealth in accordance with this section constitutes an adverse decision, as defined in § 15–10A–01 of this title, if the decision is based on a finding that telehealth is not medically necessary, appropriate, or efficient.

SOURCE: Insurance Code 15-139 (As amended by HB 123/SB 3 (2021 Session). (Accessed Aug. 2021).

Last updated 08/31/2021

Cross State Licensing

A health care practitioner providing health care services through telehealth must be licensed, certified or otherwise authorized by law to provide health care services in the state if the health care services are being provided to a patient located in the state.

MD has exceptions to its MD-only licensed physicians for physicians practicing in the adjoining states of Delaware, Virginia, West Virginia, and Pennsylvania if the physician does not have an office or other regularly appointed place in the State to meet patients and the same privileges are extended to licensed physicians in Maryland by the adjoining state.

SOURCE: MD Health Occupations Code Annotated Sec. 14-302 (2012). (Accessed Aug. 2021). 

A telehealth practitioner may practice telehealth if one or both of the following occurs:

  • The individual practicing telehealth is physically located in Maryland; or
  • The patient is in Maryland.

SOURCE:  Code of Maryland Admin. Regs. Sec. 10.32.05.03. (Accessed Aug. 2021).

Alcohol and Drug Counseling

An individual may practice clinical alcohol and drug counseling, including through telehealth, without a license for a limited period of time, as determined by the Board, if the individual is working as a trainee under the supervision of an approved alcohol and drug supervisor while fulfilling the experiential or course of study requirements.

An individual may practice alcohol and drug counseling, including through telehealth, without certification for a limited period of time, as determined by the Board, if the individual is working as a trainee under the supervision of an approved alcohol and drug supervisor while fulfilling the experiential or course of study requirements.

SOURCE: MD Health Occupations Code 17-406 (b). As amended by HB 1287/SB 646 (2021 Session). Accessed Aug. 2021.

Last updated 08/31/2021

Definitions

Telehealth means a mode of delivering health care services through the use of telecommunications technologies by a health care practitioner to a patient at a different physical location than the health care practitioner.  Telehealth includes synchronous and asynchronous interactions. Telehealth does not include the provision of health care services solely through audio-only calls, e-mail messages or facsimile transmissions.

SOURCE: MD Health Occupations Code 1-1001 (e). HB 448/SB 402. (2020 Session), (Accessed Aug. 2021).

“Telehealth” means the use of interactive audio, video, audio-visual, or other telecommunications or electronic technology by a Maryland licensed physician or licensed allied health practitioner to deliver clinical services within the scope of practice of the Maryland licensed physician or licensed allied health practitioner at a location other than the location of the patient.  “Telehealth” does not include (i) An audio-only telephone conversation between a Maryland licensed physician or licensed allied health practitioner and a patient; (ii) An electronic mail message between a Maryland licensed physician or licensed allied health practitioner and a patient; or (iii) A facsimile transmission between a Maryland licensed physician or licensed allied health practitioner and a patient.

SOURCE:  Code of Maryland Admin. Regs. Sec. 10.32.05.02. (Accessed Aug. 2021). 

Audiologists, Hearing Aid Dispensers and Speech Language Pathologists

“Telehealth means the use of telecommunications and information technologies for the exchange of information from one site to another for the provision of health care to an individual from a provider through hardwire or Internet connection.”

SOURCE: MD Health Occupations Code Sec. 2-101(u). (Accessed Aug. 2021).

Perinatal and Neonatal Referral Center Standards

“Telemedicine” means the use of interactive audio, video, or other telecommunications or electronic technology by a licensed health care provider to deliver a health care service within the scope of practice of the health care provider at a site other than the site at which the patient is located, in compliance with COMAR 10.32.05.and including at least two forms of communication.

SOURCE: Code of Maryland Admin. Regs. Sec. 30.08.12.01. (Accessed Aug. 2021). 

Board of Professional Counselors and Therapists

“Teletherapy” means the use of interactive audio, video, or other telecommunications or electronic media by a counselor or therapist to deliver counseling services:

  • Within the scope of practice of the counselor or therapist; and
  • At a location other than the location of the client;

“Teletherapy” does not include:

  • An audio-only telephone conversation between a counselor or therapist and a client;
  • An electronic mail message between a counselor or therapist and a client;
  • A facsimile transmission between a counselor or therapist and a client; or
  • A text message or other type of message sent between a counselor or therapist and a client by a short message service or multimedia messaging service.

SOURCE: Code of Maryland Admin. Regs. Sec. 10.58.06.02. (Accessed Aug. 2021). 

Board of Examiners or Psychologists

“Telepsychology” means the use of interactive audio, video, or other telecommunications or electronic media by a psychologist or psychology associate who engages in the practice of psychology at a location other than the location of the client.

“Telepsychology” does not include:

  • An audio-only telephone conversation between a psychologist or psychology associate and a client;
  • An electronic mail message between a psychologist or psychology associate and a client;
  • A facsimile transmission between a psychologist or psychology associate and a client; or
  • A text message or other type of message sent between a psychologist or psychology associate and a client by a short message service or multimedia messaging service.

SOURCE: Code of Maryland Admin. Regs. Sec. 10.36.10.02. (Accessed Aug. 2021). 

Board of Nursing

“Teletherapy” means the delivery of behavioral health services by a CRNP/PMH or a PMH/APRN at a location other than the location of the client through the use of synchronous interactive audio, video, audio-visual, or other telecommunications or electronic technology.

“Teletherapy” does not include:

  • An audio-only telephone conversation between the CRNP/PMH or PMH/APRN and a client;
  • An electronic mail message between a CRNP/PMH or PMH/ APRN and a client; or
  • A facsimile transmission between a CRNP/PMH or PMH/APRN and a client.

SOURCE: Code of Maryland Admin. Regs. Sec. 10.27.17.02 (Accessed Aug. 2021).

Last updated 08/31/2021

Licensure Compacts

Member of the Interstate Medical Licensure Compact.

SOURCE:  Interstate Medical Licensure Compact. The IMLC. SB 234 (2018). (Accessed Aug. 2021).

Member of Nurse Licensure Compact.

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

Member of Physical Therapy Compact.

SOURCE:  PT Compact.  Compact Map.  (Accessed Aug. 2021).

Enacted Interstate Professional Counselors Compact.

SOURCE: HB 736/SB 571 (2021 Session). Counseling Compact. Accessed Aug. 2021.

Enacted Interstate Occupational Therapy Licensure Compact.

SOURCE: HB 540/SB 139 (2021 Session). OTCompact. Accessed Aug. 2021.

Enacted Audiology and Speech-Language Pathology Interstate Compact.

SOURCE: HB 288 (2021 Session). ASLP Compact. Accessed Aug. 2021.

Member of Psychology Interjurisdictional Compact.

SOURCE: PSYPACT, Map, (Accessed Sept. 2021).

Last updated 08/31/2021

Miscellaneous

Statute specifies that a health occupations board may adopt regulations related to telehealth, however they may not establish a separate standard of care for telehealth; and must allow for the establishment of a practitioner-patient relationship through synchronous or asynchronous telehealth interaction provided by a health care practitioner who is complying with their standard of care.

SOURCE: HB 448/SB 402. (2020 Session). (Accessed Aug. 2021).

Last updated 08/31/2021

Online Prescribing

A health care practitioner may establish a practitioner-patient relationship through either a synchronous telehealth interaction or an asynchronous telehealth interaction, if the health care practitioner:

  • Verifies the identity of the patient receiving health care services through telehealth;
  • Discloses to the patient the health care practitioner’s name, contact information, and type of health occupation license held by the health care practitioner; and
  • Obtains oral or written consent from the patient or from the patient’s parent or guardian.

A health care practitioner shall perform a clinical evaluation that is appropriate for the patient and the condition with which the patient presents before providing treatment or issuing a prescription through telehealth.  Synchronous or asynchronous telehealth interaction may be used for the clinical evaluation.

A health care practitioner may not prescribe a Schedule II controlled substance that is an opiate for the treatment of pain through telehealth unless:

  • The individual receiving the prescription is a patient in a health care facility; or
  • The governor has declared a state of emergency due to a catastrophic health emergency

A health care practitioner who prescribes a controlled substance through telehealth is subject to federal and state prescribing laws.

SOURCE: HB 448/SB 402. (2020 Session). (Accessed Aug. 2021).

Before performing telehealth services, a telehealth practitioner shall develop and follow a procedure to:

  • Verify the identification of the patient receiving telehealth services;
  • Except for interpretive services, obtain oral or written acknowledgement from a patient or person in interest as defined by Health-General Article, §4-301(m), Annotated Code of Maryland, to perform telehealth services;
  • Prevent access to data by unauthorized persons through encryption or other means;
  • Notify patients in the event of a data breach;
  • Ensure that the telehealth practitioner provides a secure and private telehealth connection that complies with federal and state privacy laws; and
  • Establish safety protocols to be used in the case of an emergency.

Except when providing store and forward telehealth services, remote patient monitoring, or other asynchronous telehealth services, a telehealth practitioner shall:

  • Obtain or confirm an alternative method of contacting the patient in case of a technological failure;
  • Confirm whether the patient is in Maryland and identify the practice setting in which the patient is located;
  • For an initial patient-telehealth practitioner interaction only, disclose the telehealth practitioner’s name, contact information, and medical specialty; and
  • Identify all individuals present at each location and confirm they are allowed to hear personal health information.

SOURCE:  Code of Maryland Admin. Regs. Sec. 10.32.05.04 (Accessed Aug. 2021).

 A telehealth practitioner shall perform a synchronous, audio-visual patient evaluation adequate to establish diagnoses and identify underlying conditions or contraindications to recommended treatment options before providing treatment or prescribing medication. A telehealth practitioner may use surrogate examiner; or a patient evaluation performed by another licensed health care practitioner providing coverage.

These requirements do not apply to:

  • Interpretive services where a prior patient evaluation was performed by another provider;
  • Remote patient monitoring; or
  • Asynchronous telehealth services for a patient who has had a prior synchronous, audio-visual telehealth patient evaluation or in-person patient evaluation that complies with the requirements of this regulation.

SOURCE:  Code of Maryland Admin. Regs. Sec. 10.32.05.05 (Accessed Aug. 2021).

A telehealth practitioner may not treat a patient or prescribe medication based solely on an online questionnaire.

A telehealth practitioner may not prescribe opioids for the treatment of pain through telehealth except if the patient is in a health care facility as defined in Health-General Article, §19-114(d)(1), Annotated Code of Maryland.

SOURCE:  Code of Maryland Admin. Regs. Sec. 10.32.05.06  (Accessed Aug. 2021).

Last updated 08/31/2021

Professional Boards Standards

Board of Examiners for Audiologists, Hearing Aid Dispensers and Speech Language Pathologists

SOURCE: Code of Maryland Admin. Regs. Sec. 10.41.06. (Accessed Aug. 2021).

Board of Physicians

SOURCE: Code of Maryland Admin. Regs. Sec. 10.32.05 (Accessed Aug. 2021).

Board of Examiners of Psychologists

SOURCE: Code of Maryland Admin. Regs. Sec. 10.36.10.02 (Accessed Aug. 2021).

Board of Nursing

SOURCE: Code of Maryland Admin. Regs. Sec. 10.27.17 (Accessed Aug. 2021).

Board of Professional Counselors and Therapists

SOURCE: Code of Maryland Admin Regs, Sec. 10.58.06 (Accessed Aug. 2021). 

 Board of Social Work

SOURCE: Code of Maryland Admin. Regs. Sec. 10.42.10) (Accessed Aug. 2021).