COVID-19

Miscellaneous

During the COVID-19 public health emergency (PHE) some telehealth related policies have focused around miscellaneous topics not included in the other topic areas, such as liability, health information privacy and special grants and pilots. 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 02/25/2023

Federal Office of Civil Rights: FAQs on Telehealth and HIPAA

Federal Office of Civil Rights: FAQs on Telehealth and HIPAA during COVID-19

STATUS: Active, Expires at end of PHE

Federal Office of Civil Rights: Notification of Enforcement Discretion for Telehealth Remote Communication during COVID

STATUS: Active, Expires at end of PHE

Federal Office of Civil Rights:  Guidance on How HIPAA Rules Permit Covered Health Care Providers and Health Plans to Use Remote Communication Technologies for Audio-Only Telehealth

STATUS: Permanent

Federal Communications Commission: COVID-19 Telehealth Program

STATUS: Active

Federal Communications Commission: Emergency Broadband Benefit Program

STATUS: Active

Occupational Safety and Health Administration (OSHA): Occupational Exposure to COVID-19; Emergency Temporary Standard

STATUS: Active

HR 1319: American Rescue Plan Act of 2021

STATUS: Enacted

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Alabama

Last updated 02/06/2023

Medicaid: COVID-19 Emergency Expiration Date Extended

STATUS: Currently set to …

Medicaid: COVID-19 Emergency Expiration Date Extended

STATUS: Currently set to expire Feb. 28, 2023, or any expiration date noticed by the Alabama Medicaid Agency through a subsequent ALERT.

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Alaska

Last updated 02/08/2023

Division of Corporations, Business and Professional Licensing: Telemedicine Business Registry

Division of Corporations, Business and Professional Licensing: Telemedicine Business Registry

STATUS: Business registry has become permanent.

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Arkansas

Last updated 01/02/2023

Previous COVID-19 waivers expired.

Previous COVID-19 waivers expired.

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California

Last updated 02/24/2023

Department of Managed Health Care: All Plan Letter (20-007) Expand

STATUS: Active during state emergency

STATUS: Active

STATUS: Active

Medicaid: Behavioral Health Information Notice 20-068

STATUS: Active

Medicaid 1915(c) Waiver: Appendix K Amendment to 1915(c) Home and Community-Based Services waivers and Assisted Living Waivers

STATUS: Active, until 6 months after end of federal PHE

Division of Workers’ Compensation: Emergency Rule Allowing Medical-Legal Evaluations via Telehealth/Emergency MLE Regulations Newsline

STATUS: Active until January 18, 2023

Division of Workers’ Compensation: List of Telehealth Services for Calendar Year 2021 (ZIP) – Updated 06/17/2022

STATUS: Active consistent with Medicare updated list

Division of Workers’ Compensation: Order of the Administrative Director – Effective August 1, 2021

STATUS: Active

Division of Workers’ Compensation: Order of the Administrative Director – Effective April 1, 2021

STATUS: Active

Division of Workers’ Compensation: Order of the Administrative Director –Effective October 14, 2020

STATUS: Active

Division of Workers’ Compensation: Order of the Administrative Director – Effective April 15, 2020

STATUS: Active

Emergency Medical Services Authority: Out-of-State Personnel

STATUS: Active, until end of state PHE on February 28, 2023 per Policy Memo

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Colorado

Last updated 01/11/2023

Department of Regulatory Agencies:  FAQs on COVID-19 Telehealth Services 

STATUS: …

Department of Regulatory Agencies:  FAQs on COVID-19 Telehealth Services 

STATUS: Active

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Connecticut

Last updated 02/16/2023

Governor Executive Order: Declaration of a Continued Public Health Emergency

STATUS: Expired.  Was effective June 28, 2022 – December 28, 2022 or until the Federal PHE ends, whichever is earlier

Office of the Attorney General: Telehealth Security Guidance

STATUS: Active

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Delaware

Last updated 02/20/2023

No Reference Found

No Reference Found

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District of Columbia

Last updated 02/11/2023

Medicaid: Temporary Allowance of Telephonic Signature on Long Term Care Applications

STATUS: Active, expires on the 60th day after the end of the National PHE.

Dept. of Health: Medical Marijuana Recommender/COVID-19 Online Consultations/Telemedicine

STATUS: Expired

 

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Florida

Last updated 01/26/2023

Medicaid 1915(c) Waiver: Appendix K Developmental Disabilities Individual Budgeting Waiver, Florida Long Term Care Program, Model Waiver, and Familial Dysautonomia Waiver

STATUS: Active, extends current waivers 6 months after the conclusion of the public health emergency

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Georgia

Last updated 01/23/2023

No Reference Found

No Reference Found

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Hawaii

Last updated 01/26/2023

No reference found.  

No reference found.

 

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Idaho

Last updated 02/17/2023

Medicaid: MedicAide ID Dept of Health and Welfare, Division of Medicaid Bulletin Feb. 2022

STATUS: Active

Executive Order: Regulatory Relief to Support Economic Recovery

STATUS: Active

ID Division of Occupational & Professional Licenses: COVID-19 Guidance Allowing Out-of-State Providers to Deliver Services in or into ID

STATUS: Expired

Medicaid:  COVID-19 Telehealth HIPAA Guidance

STATUS: Active, until end of federal PHE

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Illinois

Last updated 02/12/2023

Division of Professional Regulation: Guidance to Applicants for Mental Health

Division of Professional Regulation: Guidance to Applicants for Mental Health Professional Licensure

STATUS: Active

Medicaid:  RPM COVID-19 Program

STATUS: Active

Office of the Governor: Extends Order on Telehealth Services specifically portions of Executive Order 2020-09

STATUS: Extended until March 5, 2023

Office of the Governor: COVID-19 Disaster Proclamation

STATUS: Extended until March 5, 2023

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Iowa

Last updated 01/10/2023

No Reference Found

No Reference Found

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Kansas

Last updated 02/14/2023

Medicaid:  Telemedicine Billing Guidelines During COVID-19

STATUS: Active

Medicaid 1915(c) …

Medicaid:  Telemedicine Billing Guidelines During COVID-19

STATUS: Active

Medicaid 1915(c) Waiver: Appendix K – Autism; Brain Injury, Frail Elderly, Intellectual & Developmental Disability; Physical Disability; Serious Emotional Disturbance; Technology Assisted Combined

STATUS: Expired January 26, 2021; extended through Addendum

Medicaid 1915(c) Waiver: Appendix K Extension – Autism; Brain Injury, Frail Elderly, Intellectual & Developmental Disability; Physical Disability; Serious Emotional Disturbance; Technology Assisted Combined

STATUS: Active, expires six months post expiration of the federal Public Health Emergency declaration

Office of the Governor:  Executive Order on Broadband

STATUS: Active, until rescinded

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Kentucky

Last updated 02/18/2023

Medicaid 1915(c) Waiver:  Appendix K – Extension for Waivers Combined

STATUS: Active, extended six months after end of federal PHE

Office of Health Data and Analytics: COVID-19 Actions, Guidance and Resources 

STATUS: ACTIVE

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Louisiana

Last updated 01/17/2023

Medicaid 1915(c) Waiver: Appendix K – Communities Choices & Adult Day Health Care Waiver Combined

STATUS: Expired January 26, 2021; extended through Addendum

Medicaid 1915(c) Waiver: Appendix K Addendum – Communities Choices & Adult Day Health Care Waiver Combined

STATUS: Active, expires 6 months after the conclusion of the Public Health Emergency (PHE)

Medicaid 1915(c) Waiver: Appendix K – New Opportunities Waiver, Residential Options Waiver, Children’s Choice Waiver, Supports Waiver

STATUS: Expired January 26, 2021; extended through Addendum

Medicaid 1915(c) Waiver: Appendix K Extension – New Opportunities Waiver, Residential Options Waiver, Children’s Choice Waiver, Supports Waiver

STATUS: Active, expires 6 months after the conclusion of the Public Health Emergency (PHE)

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Maryland

Last updated 01/24/2023

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

Office of the Governor: Proclamation Terminating State of Emergency 

STATUS: Enacted

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Massachusetts

Last updated 11/17/2022

Board of Medicine: Policy on Telemedicine

STATUS: Permanent

Emergency Rule: …

Michigan

Last updated 11/22/2022

Previous COVID-19 waivers expired.

Previous COVID-19 waivers expired.

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Minnesota

Last updated 01/30/2023

1135 Waiver: Brain Injury (BI) Waiver, Community Alternative Care (CAC) Waiver, Community Access for Disability Inclusion (CADI), Developmental Disabilities (DD) Waiver, and Elderly Waiver (EW)

STATUS: Active, extends current waivers until six months after the end of the Federal PHE for COVID-19

HF 33 (2021 Session): Extends COVID-19 Telehealth Waivers

STATUS: Enacted (Audio-only allowance expires June 30, 2023)

Medicaid: COVID-19 Teleheath Provider Manual

STATUS: Active

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Mississippi

Last updated 03/04/2023

Medicaid 1915(c) Waiver: Appendix K Addendum – Traumatic Brain Injury/Spinal Cord Injury Waiver; Independent Living Waiver; Elderly & Disabled Waiver; Assisted Living Waiver;  Intellectual Disabilities/Developmental Disabilities Waiver

STATUS: Active, Addendum to approved waivers and expires 6 months following the end of the PHE

HB 1793: Postsecondary Education

STATUS: Enacted

SB 3046 & SB 3054: Broadband Grants

STATUS: Enacted

SB 3049: Liability

STATUS: Enacted

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Missouri

Last updated 03/07/2023

Medicaid: Personal Care Program Services

STATUS:  Telehealth service delivery

Medicaid: Personal Care Program Services

STATUS:  Telehealth service delivery no longer permitted as of Feb. 1, 2023.

Medicaid 1915(c) Waiver: Appendix K – AIDS Waiver

STATUS: Active, expires no later than 6 months after the expiration of the PHE (see extension below)

Medicaid 1915(c) Waiver: Appendix K Addendum – AIDS Waiver

STATUS: STATUS: Active, Addendum waiver extending current waivers no later than 6 months after the expiration of the PHE

Medicaid 1915(c) Waiver: Appendix K – Medically Fragile Adult Waiver

STATUS: Active, expires no later than 6 months after the expiration of the PHE (see extension below)

Medicaid 1915(c) Waiver: Appendix K Addendum – Medically Fragile Adult Waiver

STATUS: STATUS: Active, Addendum waiver extending current waivers no later than 6 months after the expiration of the PHE

Medicaid 1915(c) Waiver: Appendix K – Brain Injury Waiver

STATUS: Active, expires no later than 6 months after the expiration of the PHE (see extension below)

Medicaid 1915(c) Waiver: Appendix K Addendum – Brain Injury Waiver

STATUS: STATUS: Active, Addendum waiver extending current waivers no later than 6 months after the expiration of the PHE

Medicaid 1915(c) Waiver: Appendix K – Aged and Disabled Waiver Adult Day Care Waiver Independent Living Waiver

STATUS: Active, expires no later than 6 months after the expiration of the PHE (see extension below)

Medicaid 1915(c) Waiver: Appendix K Addendum – Aged and Disabled Waiver Adult Day Care Waiver Independent Living Waiver

STATUS: Active, Addendum waiver extending current waivers no later than 6 months after the expiration of the PHE

Medicaid 1915(c) Waiver: Appendix K – Comprehensive Waiver, Community Support Waiver, Partnership for Hope Waiver, Missouri Children with Developmental Disabilities Waiver

STATUS: Active, expires no later than 6 months after the expiration of the PHE (see extension below)

Medicaid 1915(c) Waiver: Appendix K Addendum – Comprehensive Waiver, Community Support Waiver, Partnership for Hope Waiver, Missouri Children with Developmental Disabilities Waiver

STATUS: Active, Addendum extending current waivers no later than 6 months after the expiration of the PHE

 

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Montana

Last updated 11/01/2022

Previous COVID-19 waivers expired. No reference found.

Previous COVID-19 waivers expired. No reference found.

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Nebraska

Last updated 03/10/2023

No reference found.

No reference found.

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Nevada

Last updated 02/21/2023

Nevada Health Response: Guidance for the End of the Declaration Emergency

STATUS: Active

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New Hampshire

Last updated 02/27/2023

New Jersey

Last updated 12/05/2022

Department of Consumer Affairs:  Grants Alcohol and Drug Counselor Interns

Department of Consumer Affairs:  Grants Alcohol and Drug Counselor Interns working in certain settings a CADC temporary certification allowing them to perform telehealth and telemedicine

STATUS: Active, until end of state of emergency or public health emergency, whichever is later. PHE has ended, but state of emergency is still active.

S 2467: Extends duration of telehealth COVID expansions

STATUS: Enacted

AB 3860: Telehealth Requirements

STATUS: Enacted

S 2333: Telehealth Immunity

STATUS: Enacted

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New Mexico

Last updated 02/03/2023

Speech Language Pathology Board:  Guidance for Providing Patient Care by

Speech Language Pathology Board:  Guidance for Providing Patient Care by Electronic Means During the COVID-19 Public Health Emergency

STATUS: Archived. May be expired.

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New York

Last updated 01/30/2023

Office of Mental Health: Regulatory Waiver to Help Service Providers Meet Local Needs

STATUS: Active, 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: Assisted Outpatient Treatment (AOT) Frequently Asked Questions

STATUS: Active

Office of Mental Health: Streamlined process to permanently add telemental health

STATUS: Active

Office of Professions: Telepractice Guidance

STATUS: Active

Office of Professions: COVID-19 FAQs

STATUS: Active

Medicaid 1915(c) Waiver: Appendix K – Nursing Home Transition and Diversion (NHTD) and Traumatic Brain Injury (TBI)

STATUS: Active, expires six months after the end of the federal PHE.

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Ohio

Last updated 03/03/2023

No Reference Found

No Reference Found

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Oklahoma

Last updated 12/05/2022

Medicaid: Telehealth Expansion Extended

STATUS: Active, per global health message …

Medicaid: Telehealth Expansion Extended

STATUS: Active, per global health message dated 1/25

Medicaid 1915(c) Waiver: Appendix K – In Home Supports Waiver for Adults

STATUS: Expires six months after Public Health Emergency expiration

Medicaid 1915(c) Waiver: Appendix K – Medically Fragile Waiver (miscellaneous)

STATUS: Expires six months after Public Health Emergency expiration

Medicaid 1915(c) Waiver: Appendix K Addendum – ADvantage Waiver; Medically Fragile Waiver Combined (miscellaneous)

STATUS: Expires six months after Public Health Emergency expiration.

Medicaid 1915(c) Waiver: Appendix K Addendum – Community Waiver; Homeward Bound Waiver; In Home Supports Waiver for Adults; In Home Supports Waiver for Children; Medically Fragile Waiver Combined

STATUS: Active, expires six months after Public Health Emergency expiration

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Oregon

Last updated 03/01/2023

Medicaid 1915(c) Waiver: Appendix K Addendum – Aging and People with Disabilities

STATUS: Active, expires six months beyond the end date of the federal Public Health Emergency (PHE)

Medicaid 1915(c) Waiver: Appendix K – Children’s HCBS Waiver, Adults’ HCBS Waiver, Medically Involved Children’s Waiver (MICW), Medically Fragile (Hospital) Model, Behavioral (ICF/IDD) Model Waiver Combined

STATUS: Active, expires six months beyond the end date of the federal Public Health Emergency (PHE)

Medicaid 1915(c) Waiver: Appendix K Addendum – Children’s HCBS Waiver, Adults’ HCBS Waiver, Medically Involved Children’s Waiver (MICW), Medically Fragile (Hospital) Model, Behavioral (ICF/IDD) Model Waiver Combined

STATUS: Active, expires six months beyond the end date of the federal Public Health Emergency (PHE)

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Pennsylvania

Last updated 03/15/2023

Department of State:  Clinical Experience Requirement for Behavioral Specialists

STATUS: Expired

Medicaid 1915(c) Waiver: Appendix K Addendum – Consolidated Waiver; Community Living Waiver; Person/Family Directed Support Waiver; Adult Autism Waiver Combined

STATUS: Active, until six months after the end of the COVID-19 Public Health Emergency

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Puerto Rico

Last updated 03/01/2023

Telemedicine Certification Requirement Waived During Pandemic – Ruling Letter CN

Telemedicine Certification Requirement Waived During Pandemic – Ruling Letter CN – 2020-270-D

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

Telemedicine Program in Puerto Rico – Use of CARES funds to ensure patients access to services via telehealth and audio-only services by providing providers in Puerto Rico’s Health Care System funds to provide services.

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Rhode Island

Last updated 01/05/2023

Office of the Governor: Extension of Executive Order 20-02

STATUS: …

Office of the Governor: Extension of Executive Order 20-02

STATUS: Active until January 10, 2023

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Tennessee

Last updated 12/06/2022

No Reference Found

No Reference Found

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Texas

Last updated 12/14/2022

Medicaid 1915(c) Waiver: Extension of Waivers

STATUS: Expires at end of PHE.

Medicaid 1915(c) Waiver: Extension of Waivers

STATUS: Expires at end of PHE.

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Vermont

Last updated 02/10/2023

Act 140: Emergency Telehealth Law

STATUS: Enacted – Resolved by …

Act 140: Emergency Telehealth Law

STATUS: Enacted – Resolved by Act 117. See below.

H 965:  Coronavirus Relief Fund

STATUS: Enacted

H 966:  Broadband Connectivity Program

STATUS: Enacted

H 960: Store and Forward

STATUS: Enacted

Act 117:  Telehealth Flexibilities & Audio-Only

STATUS: Enacted

H 654: Extending COVID-19 Health Care Regulatory Flexibility

Status: Active

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Virgin Islands

Last updated 03/02/2023

No reference found.

No reference found.

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Virginia

Last updated 11/23/2022

Medicaid 1915(c) Waiver: Appendix K Addendum – Extension

STATUS:  Extends …

Medicaid 1915(c) Waiver: Appendix K Addendum – Extension

STATUS:  Extends Waivers out to six months after end of PHE.

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Washington

Last updated 12/20/2022

Medicaid: No Cost Zoom Licenses

STATUS: Reached license capacity

Medicaid …

Medicaid: No Cost Zoom Licenses

STATUS: Reached license capacity

Medicaid 1915(c) Waiver: COPES Waiver; Residential Support Waiver; New Freedom Waiver

STATUS: Active, extends the end date of current waivers listed until 6 months following the end of the Federal PHE

Medicaid 1915(c) Waiver: Basic Plus; Individual and Family Services, Core, Community Protection, Children’s Intensive In home Behavior Support

STATUS: Active, extends the end date of current waivers listed until 6 months following the end of the Federal PHE

Emergency Rule: Home health and hospice supervision; updated telemedicine definition

STATUS: Effective July 29, 2022

Emergency Rule: Temporary Worker Housing, Includes Telehealth Options – Dept. of Labor; Dept. of Health

STATUS: Effective Sept. 16, 2022

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West Virginia

Last updated 02/05/2023

Medicaid 1915(c) Waiver: Extension for waivers combined

STATUS: Active, extended …

Medicaid 1915(c) Waiver: Extension for waivers combined

STATUS: Active, extended six months following end of PHE.

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Wisconsin

Last updated 11/22/2022

Medicaid: Remote Supervision

STATUS: Active, until further notice

Medicaid: Additional

Medicaid: Remote Supervision

STATUS: Active, until further notice

Medicaid: Additional Services To Be Provided Via Telehealth

STATUS: Active

PERMANENT TELEHEALTH COVERAGE POLICY AND BILLING GUIDELINES

*Only synchronous (two-way, real-time, interactive communications) and remote physiological monitoring services identified under permanent policy may be reimbursed when provided via telehealth effective on the first day of the first month after the federal public health emergency related to the COVID-19 pandemic expires.

Temporary telehealth policy will remain in effect until the switch to permanent policy occurs when ForwardHealth will require providers to follow permanent billing guidelines for synchronous telehealth and remote physiological monitoring services. Telehealth-related updates to the ForwardHealth Online Handbook will be available following the implementation of permanent policy.

PERMANENT TELEDENTISTRY POLICY

*ForwardHealth will transition to permanent telehealth coverage policy and billing guidelines for synchronous (two-way, real-time, interactive communications) telehealth services effective on the first day of the first month after the public health emergency related to the COVID-19 pandemic expires.

This telehealth coverage policy will include coverage for synchronous teledentistry services. Asynchronous teledentistry policy is still in development and will be published in a future ForwardHealth Update. Temporary public health emergency allowances, including Health Insurance Portability and Accountability Act of 1996 flexibilities, will continue through the end of the federal health public emergency unless providers are notified otherwise in writing prior to that time.

PERMANENT TELEHEALTH POLICY FOR SCHOOL-BASED SERVICES

*ForwardHealth will transition to permanent telehealth coverage policy and billing guidelines for school-based services effective on the first day of the first month after the federal public health emergency related to the COVID-19 pandemic expires.

Temporary telehealth policy will remain in effect until the switch to permanent policy occurs. Telehealth related updates to the ForwardHealth Online Handbook will be available following the implementation of permanent policy. Refer to ForwardHealth Update 2021-50, titled “Permanent Telehealth Coverage Policy and Billing Guidelines,” for additional information. This Update highlights permanent telehealth policy for school-based services in support of the child’s needs in the virtual environment.

Temporary public health emergency allowances including Health Insurance Portability and Accountability Act of 1996 flexibilities will continue through the end of the federal health public emergency unless providers are notified otherwise in writing prior to that time.

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Wyoming

Last updated 01/03/2023

Medicaid 1915(c) Waiver: Appendix K – Community Choices Waiver

STATUS: …

Medicaid 1915(c) Waiver: Appendix K – Community Choices Waiver

STATUS: Expired January 26, 2021; extended through 6 months after conclusion of PHE.

Medicaid 1915(c) Waiver: Appendix K – Community Choices Waiver

STATUS: Expired January 26, 2021; extended through 6 months after conclusion of PHE.

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COVID-19

Miscellaneous

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