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.

Click the map to scroll down to the state

Federal

Last updated 01/19/2022

No reference found.

No reference found.

READ LESS

Alabama

Last updated 05/19/2022

Medicaid: Temporary Telemedicine Extension for Optometrists

STATUS: Listed as expiring …

Medicaid: Temporary Telemedicine Extension for Optometrists

STATUS: Listed as expiring April 16, 2020, however extended by Medicaid until Jun. 30, 2022.

Medicaid:  Telemedicine Coverage Extension

STATUS: Listed as expiring April 16, 2020, however extended by Medicaid until Jun. 30, 2022.

READ LESS

Alaska

Last updated 05/30/2022

Medicaid: Telehealth Coverage COVID-19 FAQs

STATUS: Active

Business and Professional

Medicaid: Telehealth Coverage COVID-19 FAQs

STATUS: Active

Business and Professional Licensing: COVID-19 Telemedicine in Chiropractic Practice in Alaska

STATUS: Replaced by Board Guidance, which outlines permanent policies related to telehealth.

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

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

READ LESS

Arizona

Last updated 03/20/2022

Medicaid:  Telehealth Delivery and Billing FAQs

STATUS: Active

Medicaid:  Telehealth Delivery and Billing FAQs

STATUS: Active

READ LESS

Arkansas

Last updated 03/08/2022

Previous COVID-19 waivers expired.

Previous COVID-19 waivers expired.

READ LESS

California

Last updated 01/17/2022

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

STATUS: Varies, some expire at end of federal PHE

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

STATUS: Active, expirations vary.  Federal policies are active during federal state of emergency/PHE

Medicaid: Narcotic Treatment Program

STATUS: Active, expiration varies depending on policy

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

STATUS: Active

Office of the Governor: Executive Order on Telehealth

STATUS: Varies, section waiving consent requirements expired

Office of the Governor: Executive Order on Telehealth

STATUS: Active, renewed privacy provisions of previous EO

READ LESS

Colorado

Last updated 12/16/2021

Department of Public Health: COVID-19 Telehealth Regulation Changes

STATUS: Active…

Department of Public Health: COVID-19 Telehealth Regulation Changes

STATUS: Active

STATUS: Active

Medicaid:  Teledentistry Services

STATUS: Active

READ LESS

Connecticut

Last updated 02/07/2022

No Reference Found

No Reference Found

READ LESS

Delaware

Last updated 03/26/2022

Medicaid: Policies Related to COVID-19

STATUS: Active, until further notice.…

Medicaid: Policies Related to COVID-19

STATUS: Active, until further notice.

Medicaid: Changes to Telehealth Policy

STATUS: Active, until further notice.

Insurance Commissioner: Bulletin Additional Guidance on Telehealth

STATUS: Expired

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)

READ LESS

Florida

Last updated 02/11/2022

No Reference Found

No Reference Found

READ LESS

Georgia

Last updated 03/21/2022

Medicaid: Telehealth Guidance Clarification

STATUS: Active until end of GA …

Medicaid: Telehealth Guidance Clarification

STATUS: Active until end of GA State of Emergency, currently set to expire on April 15, 2022.

Medicaid:  COVID-19 FAQs

STATUS: Active

READ LESS

Hawaii

Last updated 03/22/2022

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

STATUS: State PHE ended, unclear if still active

READ LESS

Idaho

Last updated 02/04/2022

No Reference Found

No Reference Found

READ LESS

Illinois

Last updated 03/22/2022

No Reference Found

No Reference Found

READ LESS

Indiana

Last updated 04/07/2022

Medicaid:  Telemedicine FAQs

STATUS: Active, until end of PHE, unclear …

Medicaid:  Telemedicine FAQs

STATUS: Active, until end of PHE, unclear if it is federal or state. IN PHE Expired, however, IN Medicaid has not issued a new bulletin with other instructions.

Medicaid:  COVID-19 Telemedicine Billing Guidance

STATUS: IN PHE Expired, however, IN Medicaid has not issued a new bulletin with other instructions.

Medicaid: Telemedicine FAQs – Includes Consent

STATUS: Active, until end of PHE. Clarified by Aug. 5, 2021 bulletin.  Unclear if PHE is federal or state. IN PHE Expired, however, IN Medicaid has not issued a new bulletin with other instructions.

READ LESS

Iowa

Last updated 03/29/2022

No Reference Found

No Reference Found

READ LESS

Kansas

Last updated 06/12/2022

Medicaid: Telemedicine Updates in Response to COVID-19

STATUS: Active, exceptions …

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

READ LESS

Kentucky

Last updated 03/15/2022

Medicaid: COVID-19 FAQs on Telehealth

STATUS: Active, until end of federal PHE

Medicaid: COVID-19 FAQs on Telehealth

STATUS: Active, until end of federal PHE

READ LESS

Maine

Last updated 02/09/2022

Medicaid: Updated Guidance on Verbal Consent in Place of Signatures

STATUS: Active, until the end of the federal PHE

Medicaid: Adopted Rule on Telehealth and COVID-19 Public Health Emergency Services Chapter.

STATUS: Active, until repealed

READ LESS

Maryland

Last updated 01/24/2022

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: Psychiatric Rehabilitation Programs

STATUS: Guidance no longer effective

Medicaid: Behavioral Health Services

STATUS: Guidance no longer effective

Medicaid: General Health Care Services

STATUS: Guidance no longer effective

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: Telehealth COVID-19 FAQs

STATUS: Expired (References to consent are existing requirements)

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

READ LESS

Massachusetts

Last updated 03/22/2022

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: FAQs for Children’s Behavioral Health Initiative

STATUS: Expired

Medicaid: Continuous Skilled Nursing (CSN) Services via Telehealth

STATUS: Active, until the end of the Federal Public Health Emergency

Medicaid: Telehealth Policy for Home Health Services

STATUS: Active, until the end of the Federal Public Health Emergency

READ LESS

Michigan

Last updated 01/17/2022

Medicaid:  General Telemedicine Policy

STATUS: Active, until incorporated into manual.…

Medicaid:  General Telemedicine Policy

STATUS: Active, until incorporated into manual.

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

STATUS: Active, time limited policy and MDHHS will notify providers of its termination

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

READ LESS

Minnesota

Last updated 03/28/2022

Mississippi

Last updated 01/13/2022

Previous COVID-19 waivers expired.

Medicaid: Emergency Telehealth FAQs

STATUS: Unclear …

Previous COVID-19 waivers expired.

Medicaid: Emergency Telehealth FAQs

STATUS: Unclear if expired. No specific date in document and still listed on COVID website.

READ LESS

Missouri

Last updated 01/10/2022

No Reference Found

No Reference Found

READ LESS

Montana

Last updated 03/30/2022

No Reference Found  

No Reference Found

 

READ LESS

Nebraska

Last updated 03/26/2022

Medicaid:  General Statewide Telehealth -COVID-19 FAQs

STATUS: Varies, some flexibilities …

Medicaid:  General Statewide Telehealth -COVID-19 FAQs

STATUS: Varies, some flexibilities may have expired due to end of state of emergency.

Medicaid:  Long Term Care COVID—19 FAQs

STATUS: Varies, some flexibilities may have expired due to end of state of emergency.

Medicaid: Behavioral Health FAQs

STATUS: Varies, some flexibilities may have expired due to end of state of emergency.

 

READ LESS

Nevada

Last updated 01/02/2022

No Reference Found

No Reference Found

READ LESS

New Hampshire

Last updated 06/09/2022

No Reference Found

No Reference Found

READ LESS

New Jersey

Last updated 04/13/2022

Department of Health: Telehealth COVID-19 FAQs

STATUS: Active during COVID-19 …

Department of Health: Telehealth COVID-19 FAQs

STATUS: Active during COVID-19 pandemic. NJ public health emergency ended, but state of emergency is still in effect.  Telehealth expansions may still be active.

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

STATUS: Varies. Policies tied to state of emergency, or state public health emergency or both. State PHE has ended, but State of Emergency continues.

READ LESS

New Mexico

Last updated 03/14/2022

No Reference Found

No Reference Found

READ LESS

New York

Last updated 04/07/2022

Medicaid: Comprehensive Guidance Regarding the Use of Telehealth including Telephonic Services During COVID-19

STATUS: Active, extended for remainder of federally declared PHE or until issuance of subsequent guidance.

Office of Mental Health:  Telemental Health and Program Guidance

STATUS: Based on Waiver believed to still be in effect (Most recent waiver reissued February 5. 2022 for 120 days).

Office of Mental Health: COVID-19 Disaster Emergency FAQ

STATUS: Active

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

STATUS: Active

Medicaid: Early Intervention Technical Assistance FAQs

STATUS: Active

READ LESS

North Carolina

Last updated 03/23/2022

No Reference Found

No Reference Found

READ LESS

North Dakota

Last updated 04/04/2022

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

READ LESS

Ohio

Last updated 03/31/2022

No Reference Found

No Reference Found

READ LESS

Oklahoma

Last updated 04/07/2022

Medicaid: Provider Updates

STATUS: Many policies effective until end of …

Medicaid: Provider Updates

STATUS: Many policies effective until end of federal PHE. Allowance for telehealth in physical therapy has ended per a 2021 message

Medicaid: Telehealth at an FQHC or RHC

STATUS: Applies during COVID-19 pandemic. Unclear if still active.  OK State of Emergency has ended but national has not.

READ LESS

Oregon

Last updated 01/20/2022

Medicaid: Updates to the Prioritized List of Covered Health Services

STATUS: Active, expires March 29, 2022

Medicaid: Behavioral Health Services, Telehealth Tips

STATUS: Active

READ LESS

Pennsylvania

Last updated 04/07/2022

No Reference Found

No Reference Found

READ LESS

Rhode Island

Last updated 02/10/2022

Department of Health: Online Prescribing of EpiPens

STATUS: Active

Department of Health: Online Prescribing of EpiPens

STATUS: Active

READ LESS

South Carolina

Last updated 03/22/2022

No Reference Found

No Reference Found

READ LESS

South Dakota

Last updated 01/26/2022

No Reference Found

No Reference Found

READ LESS

Tennessee

Last updated 04/11/2022

Previous COVID-19 waivers expired.

Previous COVID-19 waivers expired.

READ LESS

Texas

Last updated 04/12/2022

Medical Board: FAQs Regarding Telemedicine during COVID-19

STATUS: Varies

Texas …

Medical Board: FAQs Regarding Telemedicine during COVID-19

STATUS: Varies

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

STATUS: Active

READ LESS

Utah

Last updated 02/22/2022

Office of the Governor: Executive Order on Suspending Enforcement on Statute Related to Telehealth Services

STATUS: This Order shall take effect September 30, 2020, and shall remain in effect until the termination of the state of emergency declared in Executive Order 2020-63, or until otherwise lawfully modified, amended, rescinded, or superseded.

READ LESS

Vermont

Last updated 03/11/2022

Senate Bill 117: Waiver of Certain Telehealth Requirements for a Certain Time

STATUS: Enacted, Temporary section on telehealth expires Mar. 31, 2022

READ LESS

Virginia

Last updated 04/10/2022

No Reference Found

No Reference Found

READ LESS

West Virginia

Last updated 04/12/2022

Board of Medicine:  Telemedicine Flexibilities

STATUS: Active

Board of Medicine:  Telemedicine Flexibilities

STATUS: Active

READ LESS

Wisconsin

Last updated 03/26/2022

Wyoming

Last updated 01/16/2022

No Reference Found

No Reference Found

READ LESS

COVID-19

Easing Consent Requirements

jump to: