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 09/27/2021

No reference found.

No reference found.

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Alabama

Last updated 09/23/2021

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 Oct. 31, 2021.

Medicaid:  Telemedicine Coverage Extension

STATUS: Listed as expiring April 16, 2020, however extended by Medicaid until Oct. 31, 2021.

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Alaska

Last updated 10/14/2021

STATUS: Active

Business and Professional …

STATUS: Active

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

STATUS: Active

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Arizona

Last updated 09/15/2021

Medicaid:  Telehealth Delivery and Billing FAQs

STATUS: Active, until end …

Medicaid:  Telehealth Delivery and Billing FAQs

STATUS: Active, until end of COVID-19 emergency declaration

Office of the Governor: Executive Order on Telemedicine for Pets and Animals

STATUS: Rescinded due to passage of new legislation.

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Arkansas

Last updated 10/05/2021

California

Last updated 08/28/2021

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

Office of the Governor: Executive Order on Telehealth

STATUS: Active

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

STATUS: Active

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Colorado

Last updated 08/16/2021

Department of Public Health:  Telehealth for Providers

STATUS: Active

Medicaid: 

Department of Public Health:  Telehealth for Providers

STATUS: Active

STATUS: Active

Medicaid:  Teledentistry Services

STATUS: Active

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Connecticut

Last updated 06/28/2021

No Reference Found

No Reference Found

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Delaware

Last updated 07/09/2021

Medicaid: Polices Related to COVID-19

STATUS: DE State of Emergency

Medicaid: Polices Related to COVID-19

STATUS: DE State of Emergency to expire July 13, 2021. Unclear if this policy will be affected.

Medicaid: Changes to Telehealth Policy

STATUS: DE State of Emergency to expire July 13, 2021. Unclear if this policy will be affected.

Insurance Commissioner: Bulletin Additional Guidance on Telehealth

STATUS: DE State of Emergency to expire July 13, 2021. Unclear if this policy will be affected.

Insurance Commissioner: Bulletin on passage of temporary telehealth statute

STATUS: Statute (HB 348 (2020 Session)) expired July 1, 2021

HB 348:  Extends Telehealth Emergency Expansions – Allow audio-only, waive in-person requirements, expand eligible providers and insurance coverage

STATUS: Enacted  (Expired July 1, 2021)

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District of Columbia

Last updated 08/19/2021

No Reference Found.

No Reference Found.

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Florida

Last updated 07/16/2021

No Reference Found

No Reference Found

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Georgia

Last updated 09/30/2021

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 Oct. 28, 2021.

Medicaid:  COVID-19 FAQs

STATUS: Active

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Hawaii

Last updated 09/28/2021

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

STATUS: Active

Office of the Governor: June 7th Executive Order (includes telehealth)

STATUS: Active, until end of emergency period

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Idaho

Last updated 10/04/2021

No Reference Found

No Reference Found

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Illinois

Last updated 08/25/2021

No Reference Found

No Reference Found

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Indiana

Last updated 08/23/2021

Medicaid:  Telemedicine FAQs

STATUS: Active, until end of PHE

Medicaid:  …

Medicaid:  Telemedicine FAQs

STATUS: Active, until end of PHE

Medicaid:  COVID-19 Telemedicine Billing Guidance

STATUS: Active, until end of IN PHE

Medicaid: Telemedicine FAQs – Includes Consent

STATUS: Active, until end of IN PHE. Clarified by Aug. 5, 2021 bulletin.

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Iowa

Last updated 10/11/2021

No Reference Found

No Reference Found

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Kansas

Last updated 08/30/2021

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

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Kentucky

Last updated 09/14/2021

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

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Maine

Last updated 08/09/2021

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

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Maryland

Last updated 08/31/2021

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

Medicaid: Behavioral Health Services

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

Medicaid: General Health Care 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: 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

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Massachusetts

Last updated 09/01/2021

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: Active

Bureau of Family Health and Nutrition: Early Intervention Telehealth Guidance, Vision Loss and Deaf/Hard of Hearing

STATUS: Expired

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Michigan

Last updated 09/02/2021

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

Office of the Governor:  Executive Order on Telehealth

STATUS: Rescinded

Office of Governor: Executive order Encouraging Telehealth Services

STATUS: Rescinded

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 09/14/2021

No Reference Found

No Reference Found

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Mississippi

Last updated 08/09/2021

Medicaid: Emergency Telehealth Policy

STATUS: Active, through end of MS …

Medicaid: Emergency Telehealth Policy

STATUS: Active, through end of MS State of Emergency

Medicaid: Emergency Telehealth FAQs

STATUS: Active, through end of COVID-19 Emergency

Medicaid:  Verbal Consent Waiver

STATUS: Active, through end of COVID-19 Emergency

Board of Physical Therapy: Consent

STATUS:  Active, until end of MS State of Emergency

Board of Optometry: Temporary Rule or Practice Standards

STATUS: Effective 6/30/2021 and remains in effect for up to 120 days.

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Missouri

Last updated 08/04/2021

No Reference Found

No Reference Found

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Montana

Last updated 09/08/2021

No Reference Found  

No Reference Found

 

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Nebraska

Last updated 08/02/2021

Medicaid:  General Statewide Telehealth -COVID-19 FAQs

STATUS: Active, some flexibilities …

Medicaid:  General Statewide Telehealth -COVID-19 FAQs

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

Medicaid: Telehealth Written Statement Requirement, Exception for Emergencies

STATUS:  Expired due to end of state of emergency.

Medicaid:  Long Term Care COVID—19 FAQs

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

Department of Insurance: Telehealth Written Statement Requirement

STATUS: Expired, due to end of NE State of Emergency.

Medicaid: Behavioral Health FAQs

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

 

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Nevada

Last updated 07/28/2021

No Reference Found

No Reference Found

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New Hampshire

Last updated 07/26/2021

Medicaid: Telehealth Informational COVID-19 Bulletin (April)

STATUS: Expired with end …

Medicaid: Telehealth Informational COVID-19 Bulletin (April)

STATUS: Expired with end of State of Emergency on June 11, 2021. Some provisions were made permanent through HB 1623.

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New Jersey

Last updated 07/21/2021

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.

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New Mexico

Last updated 07/19/2021

No Reference Found

No Reference Found

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New York

Last updated 07/15/2021

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: Active, until end of NY disaster emergency. Based on Waiver, believed to be still in effect.

Office of Mental Health: COVID-19 Disaster Emergency FAQ

STATUS: Active

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North Carolina

Last updated 07/13/2021

No Reference Found

No Reference Found

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North Dakota

Last updated 07/08/2021

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

STATUS: Active, …

Ohio

Last updated 07/06/2021

No Reference Found

No Reference Found

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Oklahoma

Last updated 06/29/2021

Medicaid: Provider Updates (many telehealth related)

STATUS: Active, until end …

Medicaid: Provider Updates (many telehealth related)

STATUS: Active, until end of national/state emergency. OK State of Emergency has ended but national has not.

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.

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Pennsylvania

Last updated 10/18/2021

No Reference Found

No Reference Found

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Rhode Island

Last updated 06/25/2021

Department of Health: Online Prescribing of EpiPens

STATUS: Active

Department of Health: Online Prescribing of EpiPens

STATUS: Active

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South Carolina

Last updated 06/19/2021

No Reference Found

No Reference Found

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South Dakota

Last updated 09/10/2021

Board of Addiction and Prevention Professionals: COVID-19 Updates

STATUS: No …

Board of Addiction and Prevention Professionals: COVID-19 Updates

STATUS: No Reference Found

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Tennessee

Last updated 06/14/2021

Governor: Executive Order (includes telehealth supervision waiver)

STATUS: Expired December 29, 2020

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Texas

Last updated 09/23/2021

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

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Utah

Last updated 06/09/2021

Executive Order: Suspending Requirements in Telehealth Act

STATUS: Active, until …

Executive Order: Suspending Requirements in Telehealth Act

STATUS: Active, until UT state of emergency ends

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

STATUS: Active, effective until termination of state of emergency.

Office of the Governor:  Executive Order on Telehealth Services

STATUS: Active, until UT state of emergency ends

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Vermont

Last updated 06/02/2021

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

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

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Virginia

Last updated 09/20/2021

No Reference Found

No Reference Found

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Washington

Last updated 09/08/2021

Medicaid: FAQ for Physical, Occupational and Speech Therapy

STATUS: Expired June 30, 2021.

Medicaid: FAQ for Occupational and Speech Therapy

STATUS: Active July 1, 2021

Medicaid: Clinical Policy and Billing FAQ

STATUS: Expired June 30, 2021

Medicaid: Clinical Policy and Billing FAQ

STATUS: Active July 1, 2021

Department of Health: Dietitians

STATUS: Active, until further notice from Dept. Of Health

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West Virginia

Last updated 09/13/2021

Board of Medicine:  Telemedicine Flexibilities

STATUS: Active

Board of Medicine:  Telemedicine Flexibilities

STATUS: Active

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Wisconsin

Last updated 09/06/2021

No Reference Found

No Reference Found

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Wyoming

Last updated 09/03/2021

No Reference Found

No Reference Found

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COVID-19

Easing Consent Requirements

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