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
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 02/25/2023

No reference found.

No reference found.

READ LESS

Alabama

Last updated 02/06/2023

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 the earlier of Feb. 28 2023 or any expiration date noticed by the Alabama Medicaid Agency through a subsequent ALERT.

Medicaid:  Telemedicine Coverage Extension

STATUS: Listed as expiring April 16, 2020, however extended by Medicaid until the earlier of Feb. 28 2023 or any expiration date noticed by the Alabama Medicaid Agency through a subsequent ALERT.

READ LESS

Alaska

Last updated 02/08/2023

Medicaid: Telehealth Coverage COVID-19 FAQs

STATUS: Active

Alaska Department of …

Medicaid: Telehealth Coverage COVID-19 FAQs

STATUS: Active

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 01/03/2023

Medicaid:  Telehealth Delivery and Billing FAQs

STATUS: Active

Medicaid:  Telehealth Delivery and Billing FAQs

STATUS: Active

READ LESS

Arkansas

Last updated 01/02/2023

Previous COVID waivers expired.

Previous COVID waivers expired.

READ LESS

California

Last updated 02/24/2023

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

READ LESS

Colorado

Last updated 01/11/2023

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 02/16/2023

Medicaid: FAQs About CMAP’s Response to COVID-19

STATUS: Active

HB …

Delaware

Last updated 02/20/2023

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.

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 01/26/2023

No Reference Found

No Reference Found

READ LESS

Georgia

Last updated 01/23/2023

Medicaid: Telehealth Guidance Clarification

STATUS: Active

Medicaid:  COVID-19 FAQs

STATUS: …

Medicaid: Telehealth Guidance Clarification

STATUS: Active

Medicaid:  COVID-19 FAQs

STATUS: Active

READ LESS

Hawaii

Last updated 01/26/2023

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 02/17/2023

No Reference Found

No Reference Found

READ LESS

Illinois

Last updated 02/12/2023

No Reference Found

No Reference Found

READ LESS

Indiana

Last updated 02/26/2023

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, updates in BT 202142 and BT202145 for permanent policies.

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, updates in BT 202142 and BT202145 for permanent policies.

READ LESS

Iowa

Last updated 01/10/2023

No Reference Found

No Reference Found

READ LESS

Kansas

Last updated 02/14/2023

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 02/18/2023

Medicaid: COVID-19 FAQs on Telehealth

STATUS: Active, until end of …

Medicaid: COVID-19 FAQs on Telehealth

STATUS: Active, until end of federal PHE. Document available through KY COVID-19 Actions and Guidance Related to Telehealth Word Document.

READ LESS

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.

READ LESS

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

READ LESS

Massachusetts

Last updated 03/14/2023

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: 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 03/27/2023

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: 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 02/02/2023

Verbal consent in lieu of written consent.

STATUS: Active. Continues until further notice.

READ LESS

Mississippi

Last updated 03/04/2023

Medicaid: Emergency Telehealth FAQs

STATUS: Unclear if expired. No specific …

Medicaid: Emergency Telehealth FAQs

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

READ LESS

Missouri

Last updated 03/06/2023

No Reference Found

No Reference Found

READ LESS

Montana

Last updated 01/16/2023

No Reference Found  

No Reference Found

 

READ LESS

Nebraska

Last updated 03/10/2023

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 02/21/2023

No Reference Found

No Reference Found

READ LESS

New Hampshire

Last updated 02/27/2023

No Reference Found

No Reference Found

READ LESS

New Jersey

Last updated 03/21/2023

Department of Health: Telehealth COVID-19 FAQs

STATUS: Likely no longer …

Department of Health: Telehealth COVID-19 FAQs

STATUS: Likely no longer 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 02/03/2023

No Reference Found

No Reference Found

READ LESS

New York

Last updated 01/30/2023

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 October 4, 2022, effective until February 1, 2023, unless stayed, modified, suspended or terminated by the Commissioner).

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

STATUS: Effective September 14, 2022 per Notice Of Adoption

STATUS: Effective September 13, 2022 per Notice Of Adoption

READ LESS

North Carolina

Last updated 02/21/2023

No Reference Found

No Reference Found

READ LESS

North Dakota

Last updated 01/25/2023

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

READ LESS

Ohio

Last updated 03/03/2023

No Reference Found

No Reference Found

READ LESS

Oklahoma

Last updated 03/29/2023

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 03/01/2023

Previous COVID waivers expired or are no longer found.

Previous COVID waivers expired or are no longer found.

READ LESS

Pennsylvania

Last updated 03/15/2023

No Reference Found

No Reference Found

READ LESS

Puerto Rico

Last updated 03/01/2023

20 LPRA Section 6011/

Status: Active 30 days past the …

20 LPRA Section 6011/

Status: Active 30 days past the end of the Puerto Rico PHE

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

READ LESS

Rhode Island

Last updated 05/24/2023

No reference found.

No reference found.

READ LESS

South Carolina

Last updated 02/02/2023

No Reference Found

No Reference Found

READ LESS

South Dakota

Last updated 03/03/2023

No Reference Found

No Reference Found

READ LESS

Tennessee

Last updated 03/23/2023

Previous COVID-19 waivers expired.

Previous COVID-19 waivers expired.

READ LESS

Texas

Last updated 03/13/2023

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 02/01/2023

Previous COVID-10 waivers expired.

Previous COVID-10 waivers expired.

READ LESS

Vermont

Last updated 02/10/2023

Previous COVID-19 waiver expired.

Previous COVID-19 waiver expired.

READ LESS

Virgin Islands

Last updated 03/02/2023

No reference found.

No reference found.

READ LESS

Virginia

Last updated 03/16/2023

No Reference Found

No Reference Found

READ LESS

Washington

Last updated 02/14/2023

STATUS: Effective August 1,

STATUS: Effective August 1, 2022

STATUS: Effective July 22, 2022

STATUS: Effective August 1, 2022

STATUS: Effective July 22, 2022

Medicaid: Apple Health (Medicaid) dental emergency coverage related to COVID-19 pandemic

STATUS: Active

STATUS: Effective July 1, 2022

STATUS: Effective July 22, 2022

Medicaid: Home Health FAQ

STATUS: Effective July 1, 2021

READ LESS

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

READ LESS

Wisconsin

Last updated 03/21/2023

Wyoming

Last updated 05/24/2023

No Reference Found

No Reference Found

READ LESS

COVID-19

Easing Consent Requirements

jump to: