COVID-19

Easing Consent Requirements

The requirement to obtain a telehealth specific informed consent before delivering services via telehealth is very common across the states, either in Medicaid programs, or professional regulation. During the COVID-19 public health emergency (PHE), some states waived or relaxed this requirement so that consent didn’t need to be obtained every single encounter, or it could be obtained once the visit had commenced rather than beforehand. These policies are temporary and most will expire at the end of the PHE.

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Disclaimer

PLEASE NOTE: CCHP is providing the following for informational purposes only. We are not providing legal advice or interpretation of the laws and regulations and policies. CCHP encourages you to check with the appropriate state agency for further information and direction. This information should not be construed as legal counsel. Consult with an attorney if you are seeking a legal opinion.

Federal

Last updated 06/30/2023

CMS: Physicians and Other Clinicians: CMS Flexibilities to Fight COVID-19

STATUS:  Varies. Annual beneficiary consent for virtual check-ins required.

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Alabama

Last updated 06/19/2023

Medicaid: Temporary Telemedicine Extension for Optometrists

STATUS: Expired.  Telehealth PHE …

Medicaid: Temporary Telemedicine Extension for Optometrists

STATUS: Expired.  Telehealth PHE allowances ended according to public notice, but a permanent policy began June 1, 2023.

Medicaid:  Telemedicine Coverage Extension

STATUS: Expired.  Telehealth PHE allowances ended according to public notice, but a permanent policy began June 1, 2023.

* This page was last updated in June 2023. Updates will no longer be made and this page will be removed from the Policy Finder at the end of the year.

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Alaska

Last updated 06/19/2023

Medicaid: Telehealth Coverage COVID-19 FAQs

STATUS: Website hosting FAQs still active. Likely still effective given notice of telehealth flexibility extension until proposed regulations are effective.

Alaska Department of Commerce, Community, and Economic Development: Telehealth and Licensing During COVID-19

STATUS: Temporary allowances expired.  Document also outlines permanent policies.

* This page was last updated in June 2023. Updates will no longer be made and this page will be removed from the Policy Finder at the end of the year.

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Arizona

Last updated 05/31/2023

Medicaid:  Telehealth Delivery and Billing FAQs

STATUS: Page Active. Updated …

Medicaid:  Telehealth Delivery and Billing FAQs

STATUS: Page Active. Updated 6/1/23.  Expiration of telehealth flexibilities vary. Some are permanent and some expired at end of the COVID-19 emergency declaration.

* This page was last updated in May 2023. Updates will no longer be made and this page will be removed from the Policy Finder at the end of the year.

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Arkansas

Last updated 05/31/2023

Previous COVID waivers expired.

* This page was last updated

Previous COVID waivers expired.

* This page was last updated in May 2023. Updates will no longer be made and this page will be removed from the Policy Finder at the end of the year.

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California

Last updated 06/28/2023

Medicaid: Telehealth Flexibilities and Revisions to the Telehealth Provider Manual

STATUS: Active

Medicaid: Medi-Cal Payment for Telehealth and Virtual/Telephonic Communications Relative to the 2019-Novel Coronavirus

STATUS: Active only during COVID-19 PHE, which has since expired. While many flexibilities were made permanent, the consent waiver was not. Providers directed to rely on Medi-Cal Telehealth provider manual post-PHE.

Medicaid: DHCS COVID-19 Medication-Assisted Treatment and Telehealth

STATUS: Consent waiver expired.

Medicaid: Narcotic Treatment Program

STATUS: Consent waiver expired.

Medicaid: Local Education Agency Manual – Parental Consent Waived during COVID-19 PHE

STATUS: Consent waiver expired.

Medicaid: HPE and PE4PW Signature Flexibilities – Includes verbal consent process

STATUS: Permanent

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Colorado

Last updated 08/04/2023

STATUS: Active. Bulletin lists emergency telehealth policies that have been made permanent and those that have expired.

Department of Public Health: COVID-19 Telehealth Regulation Changes

STATUS: Active.

STATUS: Active. Website refers providers to the Telemedicine Billing Manual for Post-Public Health Emergency Policy.

Medicaid:  Teledentistry Services

STATUS: Still available on COVID-19 Provider Information Website (under Telemedicine Billing Guidance), however many COVID-19 policies have expired or been made permanent. See Telemedicine Billing Manual for Post-Public Health Emergency Policy and End of the Public Health Emergency Page for more information.

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Delaware

Last updated 07/21/2023

Medicaid: Policies Related to COVID-19

STATUS: Still accessible on main

Medicaid: Policies Related to COVID-19

STATUS: Still accessible on main COVID page, unclear if still active.

Medicaid: Changes to Telehealth Policy

STATUS: Still accessible on main COVID page, unclear if still active.

HB 160: Permanent Private Payer Telehealth Expansions – Made audio-only flexibility permanent and removed in-person requirements in certain instances

STATUS: Enacted (Most provisions took effect July 1, 2021).

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Florida

Last updated 06/13/2023

No Reference Found

* This page was last updated in …

No Reference Found

* This page was last updated in June 2023. Updates will no longer be made and this page will be removed from the Policy Finder at the end of the year.

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Georgia

Last updated 05/31/2023

This page was last updated in May 2023. Updates will …

This page was last updated in May 2023. Updates will no longer be made and this page will be removed from the Policy Finder at the end of the year (2023).

 

 

Medicaid: Telehealth Guidance Clarification

STATUS: Telehealth flexibilities remain in place until further notice. Provider Notice End of 1135 Waivers and Disaster Relief Flexibilities (May 23, 2023).

Medicaid:  COVID-19 FAQs

STATUS: Telehealth flexibilities remain in place until further notice. Provider Notice End of 1135 Waivers and Disaster Relief Flexibilities (May 23, 2023).

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Hawaii

Last updated 06/09/2023

This page was last updated in June 2023. Updates will …

This page was last updated in June 2023. Updates will no longer be made and this page will be removed from the Policy Finder at the end of the year (2023).

 

Memo QI-2036: Telehealth Guidance During the PHE Related to EPSDT Visits

STATUS: See Memo QI-2317A & QI-2317. Various expiration dates to policies: May 11, 2023, November 11, 2023, September 30, 2024.

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Idaho

Last updated 06/29/2023

No Reference Found

No Reference Found

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Illinois

Last updated 06/21/2023

This page was last updated in June 2023. Updates will …

This page was last updated in June 2023. Updates will no longer be made and this page will be removed from the Policy Finder at the end of the year (2023).

 

No Reference Found

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Indiana

Last updated 06/23/2023

This page was last updated in June 2023. Updates will …

This page was last updated in June 2023. Updates will no longer be made and this page will be removed from the Policy Finder at the end of the year (2023).

 

Medicaid:  Telemedicine FAQs

STATUS: Expired, updates in BT 202142 and BT202145 for permanent policies.

Medicaid: Telemedicine FAQs – Includes Consent

STATUS: Expired, updates in BT 202142 and BT202145 for permanent policies.

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Iowa

Last updated 08/15/2023

No Reference Found

No Reference Found

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Kansas

Last updated 07/02/2023

Medicaid: Telemedicine Updates in Response to COVID-19

STATUS: Active, until …

Medicaid: Telemedicine Updates in Response to COVID-19

STATUS: Active, until further notice. Still listed on COVID-19 KMAP Providers Information Page updated 5/23/2023, though telemedicine links on page are broken.

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

STATUS: Active, until further notice. Still listed on COVID-19 KMAP Providers Information Page updated 5/23/2023, though telemedicine links on page are broken.

Medicaid:  Wheelchair Seating Assessment Codes Allowed by Telemedicine

STATUS: Active, until further notice. Still listed on COVID-19 KMAP Providers Information Page updated 5/23/2023, though telemedicine links on page are broken.

Medicaid:  Allowance of Additional Mental Health Crisis Intervention Codes

STATUS: Active, until further notice. Still listed on COVID-19 KMAP Providers Information Page updated 5/23/2023, though telemedicine links on page are broken.

Medicaid:  I/DD Telemedicine Services During COVID-19

STATUS: Active, until further notice. Still listed on COVID-19 KMAP Providers Information Page updated 5/23/2023, though telemedicine links on page are broken.

Medicaid: Clarification on Written Consent

STATUS: Active, until further notice. Still listed on COVID-19 KMAP Providers Information Page updated 5/23/2023, though telemedicine links on page are broken.

* This page was last updated in July 2023. Updates will no longer be made and this page will be removed from the Policy Finder at the end of the year.

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Kentucky

Last updated 07/12/2023

Medicaid: COVID-19 FAQs on Telehealth

STATUS: Still accessible on main

Medicaid: COVID-19 FAQs on Telehealth

STATUS: Still accessible on main COVID page.  Many flexibilities expired, while others were made permanent.  FAQ updated 3/11/23.

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Louisiana

Last updated 06/05/2023

Medicaid: Outpatient SUD Treatment (20-7) & Health Plan Advisory 20-9

STATUS: In-person requirement for mental health rehabilitation services effective May 12, 2023. Assessments by LMHPs through synchronous audio/visual telehealth allowed after May 12, 2023 with member consent.

Medicaid: Informational Bulletin on Telehealth Facilitation by Licensed Mental Health Practitioners (20-6) & Health Plan Advisory 20-8

STATUS: In-person requirement for mental health rehabilitation services effective May 12, 2023. Assessments by LMHPs through synchronous audio/visual telehealth allowed after May 12, 2023 with member consent.

Medicaid: Information Bulletin on Telehealth Facilitation of Mental Health Rehabilitation Services  & Health Plan Advisory 20-7

STATUS: In-person requirement for mental health rehabilitation services effective May 12, 2023. Assessments by LMHPs through synchronous audio/visual telehealth allowed after May 12, 2023 with member consent.

* This page was last updated in June 2023. Updates will no longer be made and this page will be removed from the Policy Finder at the end of the year.

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Maine

Last updated 05/24/2023

Medicaid: Updated Guidance on Verbal Consent in Place of Signatures

STATUS: Expired due to end of federal PHE on May 11, 2023.

Medicaid: COVID-19 Public Health Emergency Services Chapter.

STATUS: Active, until repealed. Has not been updated since end of PHE.

* This page was last updated in May 2023. Updates will no longer be made and this page will be removed from the Policy Finder at the end of the year.

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Maryland

Last updated 05/24/2023

Maryland Health Care Commission: Payer Telehealth Policies

STATUS: Active

Medicaid: …

Maryland Health Care Commission: Payer Telehealth Policies

STATUS: Active

Medicaid: Behavioral Health Administration Hospital Based Outpatient Programs Telehealth Guidance

STATUS: Varies, legislation temporarily extends some flexibilities unrelated to consent requirements

Medicaid: Follow-up Guidance on Temporary Telehealth Services

STATUS: Varies, legislation temporarily extends some flexibilities unrelated to consent requirements

Medicaid: Behavioral Health COVID FAQs

STATUS: Varies, legislation temporarily extends some flexibilities unrelated to consent requirements

Department of Health: FAQs on Telehealth

STATUS: Active

Board of Physicians: COVID-19 FAQs/FAQs for Telehealth

STATUS: Active

STATUS: Enacted

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

STATUS: Enacted

HB 1148/SB 582/SB 534 – Effective June 1, 2023, extends audio-only and parity until June 30, 2025

STATUS: Enacted

* This page was last updated in May 2023. Updates will no longer be made and this page will be removed from the Policy Finder at the end of the year.

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Massachusetts

Last updated 08/08/2023

Medicaid: Guidance for Home and Community-Based Services (HCBS) Waiver Providers Delivering Telehealth/Remote Services During the COVID-19 Public Health Emergency

STATUS: Active, until six months after the end of the federal PHE (extension consistent with Appendix K)

Medicaid: Continuous Skilled Nursing (CSN) Services via Telehealth

STATUS: Expired.

Medicaid: Telehealth Policy for Home Health Services

STATUS: Expired.

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Michigan

Last updated 09/05/2023

Medicaid:  General Telemedicine Policy

STATUS: Status of each allowance post-PHE …

Medicaid:  General Telemedicine Policy

STATUS: Status of each allowance post-PHE is detailed in Mar. 12, 2023 Telemedicine Update bulletin.

Medicaid: Relaxing Face-to-Face Requirement (Update)

STATUS: Bulletin listed as terminated in Bulletin 23-20, though some changes incorporated into permanent policy.

Medicaid 1915(c) Waiver: Appendix K – Habilitation Supports, Children’s Waiver Program (CWP) Waiver for Children with Serious Emotional Disturbances (SEDW)

STATUS: Expired February 28, 2021; extended by Addendum

Medicaid 1915(c) Waiver: Appendix K – Habilitation Supports, Children’s Waiver Program (CWP) Waiver for Children with Serious Emotional Disturbances (SEDW)

STATUS: Active until no later than six months after the expiration of the PHE

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Minnesota

Last updated 06/27/2023

Verbal consent in lieu of written consent.

STATUS: Active. Continues until further notice.

* This page was last updated in June 2023. Updates will no longer be made and this page will be removed from the Policy Finder at the end of the year.

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Mississippi

Last updated 08/08/2023

Medicaid: Emergency Telehealth FAQs

STATUS: Likely expired. Last question notes …

Medicaid: Emergency Telehealth FAQs

STATUS: Likely expired. Last question notes the Temporary telehealth Policy expires at end of PHE. Still listed on COVID website.

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Missouri

Last updated 09/05/2023

No Reference Found

No Reference Found

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Montana

Last updated 06/05/2023

No Reference Found

* This page was last updated in …

No Reference Found

* This page was last updated in June 2023. Updates will no longer be made and this page will be removed from the Policy Finder at the end of the year.

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Nebraska

Last updated 08/08/2023

Medicaid: Telehealth Guidance Document

STATUS: Some policies expired with PHE, …

Medicaid: Telehealth Guidance Document

STATUS: Some policies expired with PHE, others made permanent.

Medicaid:  General Statewide Telehealth -COVID-19 FAQs

STATUS: Expired, see Telehealth Guidance Document and Medicaid PHE webpage for policies made permanent.

Medicaid:  Long Term Care COVID—19 FAQs

STATUS: Expired, see Telehealth Guidance Document and Medicaid PHE webpage for policies made permanent.

Medicaid: Behavioral Health FAQs

STATUS: Expired, see Telehealth Guidance Document and Medicaid PHE webpage for policies made permanent.

 

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Nevada

Last updated 07/17/2023

No Reference Found

No Reference Found

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New Hampshire

Last updated 07/13/2023

No Reference Found

No Reference Found

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New Jersey

Last updated 08/14/2023

Department of Consumer Affairs: Telehealth Services During the COVID-19 Pandemic Frequently Asked Questions (FAQs)

STATUS: Varies, some policies refer to permanent policies, policies tied to state of emergency, or state public health emergency policy. State PHE has ended, but State of Emergency continues.

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New Mexico

Last updated 06/19/2023

No Reference Found

* This page was last updated in …

No Reference Found

* This page was last updated in June 2023. Updates will no longer be made and this page will be removed from the Policy Finder at the end of the year.

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New York

Last updated 06/01/2023

STATUS: Effective May 11, 2023

STATUS: Active

Office of Mental Health: Telemental Health and Program Guidance

STATUS: Unclear if still active since state and federal emergencies ended and Commissioner’s Regulatory Waiver expired

Medicaid: NYS Early Intervention Program Consent for the Use of Telehealth

STATUS: Unclear if still active since state and federal emergencies ended

Medicaid: Early Intervention Technical Assistance FAQs

STATUS: Unclear if still active since state and federal emergencies ended

Office of Alcoholism and Substance Abuse Services: Continuing COVID Regulatory Flexibility

STATUS: Active

* This page was last updated in June 2023. Updates will no longer be made and this page will be removed from the Policy Finder at the end of the year.

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North Carolina

Last updated 07/17/2023

No Reference Found

No Reference Found

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North Dakota

Last updated 06/13/2023

Medicaid 1915(c) Waiver: Appendix K – Children’s Hospice

STATUS: Active, …

Medicaid 1915(c) Waiver: Appendix K – Children’s Hospice

STATUS: Active, until 6 Months after the end of the Federal PHE. See extension below.

Medicaid 1915(c) Waiver: Appendix K Addendum – Developmental Disabilities Traditional IID/DD HCBS Waiver; Children’s Hospice; Medicaid Waiver for Home and Community Based Services; Autism Spectrum Disorder (ASD) birth through thirteen; Medically Fragile Children

STATUS: Active, until 6 Months after the end of the Federal PHE

* This page was last updated in June 2023. Updates will no longer be made and this page will be removed from the Policy Finder at the end of the year.

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Ohio

Last updated 06/07/2023

No Reference Found

* This page was last updated in …

No Reference Found

* This page was last updated in June 2023. Updates will no longer be made and this page will be removed from the Policy Finder at the end of the year.

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Oklahoma

Last updated 07/02/2023

Previous COVID-19 waivers expired.

* This page was last updated …

Previous COVID-19 waivers expired.

* This page was last updated in July 2023. Updates will no longer be made and this page will be removed from the Policy Finder at the end of the year.

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Oregon

Last updated 07/31/2023

Previous COVID waivers expired or are no longer found.

Previous COVID waivers expired or are no longer found.

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Pennsylvania

Last updated 09/10/2023

No Reference Found

No Reference Found

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Puerto Rico

Last updated 07/12/2023

20 LPRA Section 6011/

Status: Expired

Telehealth Guidelines and Protocols in Puerto Rico

Status: Appears to be Active

Admin Order 470

Status: Appears to be Active

Admin Order 449

Status: Appears to be Active

Admin Order 438

Status: Appears to be Active

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Rhode Island

Last updated 05/24/2023

No reference found.

*This page was last updated in May …

No reference found.

*This page was last updated in May 2023. Updates will no longer be made and this page will be removed from the Policy Finder at the end of the year.

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South Carolina

Last updated 08/16/2023

No Reference Found

No Reference Found

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South Dakota

Last updated 07/31/2023

No Reference Found

No Reference Found

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Tennessee

Last updated 08/30/2023

Previous COVID-19 waivers expired.

Previous COVID-19 waivers expired.

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Texas

Last updated 08/21/2023

Medical Board: FAQs Regarding Telemedicine during COVID-19

STATUS: Still listed …

Medical Board: FAQs Regarding Telemedicine during COVID-19

STATUS: Still listed on TX Medical Board Coronavirus webpage, but most policies expired.

Texas Health and Human Services Commission: Behavioral Health Services Providers FAQs

STATUS: Still accessible but unable to navigate to it. May be expired.

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Utah

Last updated 06/27/2023

Previous COVID-19 waivers expired.

* This page was last updated …

Previous COVID-19 waivers expired.

* This page was last updated in June 2023. Updates will no longer be made and this page will be removed from the Policy Finder at the end of the year.

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Vermont

Last updated 07/12/2023

Previous COVID-19 waiver expired.

* This page was last updated …

Previous COVID-19 waiver expired.

* This page was last updated in July 2023. Updates will no longer be made and this page will be removed from the Policy Finder at the end of the year.

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Virgin Islands

Last updated 07/25/2023

No reference found.

No reference found.

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Virginia

Last updated 08/15/2023

No Reference Found

No Reference Found

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Washington

Last updated 06/21/2023

STATUS: Effective May

STATUS: Effective May 12, 2023

STATUS: Effective May 12, 2023

STATUS: Effective July 22, 2022

STATUS: Effective July 22, 2022

STATUS: Effective July 1, 2022

STATUS: Effective July 22, 2022

Medicaid: Home Health FAQ

STATUS: Effective July 1, 2021

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West Virginia

Last updated 05/25/2023

Medicaid: Telehealth Educational Handout

STATUS: Active

Board of Medicine: Telemedicine

Medicaid: Telehealth Educational Handout

STATUS: Active

Board of Medicine: Telemedicine Flexibilities

STATUS: Appears to have expired with Proclamation Ending State of Emergency

* This page was last updated in May 2023. Updates will no longer be made and this page will be removed from the Policy Finder at the end of the year.

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Wisconsin

Last updated 08/30/2023

Medicaid: FAQs about Telehealth Policy Changes

STATUS:  Varies. Some policies …

Medicaid: FAQs about Telehealth Policy Changes

STATUS:  Varies. Some policies have expired, while others will continue.

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Wyoming

Last updated 05/24/2023

No Reference Found.

* This page was last updated in …

No Reference Found.

* This page was last updated in May 2023. Updates will no longer be made and this page will be removed from the Policy Finder at the end of the year.

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COVID-19

Easing Consent Requirements

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