HB 311 — AN ACT relating to telehealth.

UNOFFICIALCHAPTER COPY181 231 RSCHAPTER 181 ( HB 311/GA311 ) AN ACT relating to telehealth.

(a) Is provided by a Medicaid-participating practitioner, including those employed by a home health agency licensed pursuant to KRS Chapter 216, to a Medicaid recipient or another Medicaid-participatingMedicaid- participating practitioner at a different physical location;

(2) (a) For rural health clinics, federally qualified health centers, and federally qualified health center look-alikes,look- alikes, reimbursement for covered telehealth services and telehealth consultations shall:

1395m for Medicare-participating providers if the Medicaid beneficiary who received the telehealth service or telehealth consultation was physically located at the rural health clinic, federally qualified health center, or federally qualified health center look-alike at the time of service or consultation delivery and the provider of the telehealth service or telehealth consultation is not employed by the rural health clinic, federally qualified health center, or federally qualified health center Page 1 of 5 HB031110.100 - 876 - XXXX 3/8/2023 5:36 PM GA UNOFFICIAL COPY 23 RS HB 311/GA look-alike;

(3) (a) A health-care facility that receives reimbursement under this section for consultations provided by a Medicaid-participating provider who practices in that facility and a health professional who obtains a consultation under this section shall establish quality-of-care protocols, which may include a Page 2 of 5 HB031110.100 - 876 - XXXX 3/8/2023 5:36 PM GA UNOFFICIAL COPY 23 RS HB 311/GA requirement for an annual in-person or face-to-face consultation with a patient who receives telehealth services, and patient confidentiality guidelines to ensure that telehealth consultations meet all requirements and patient care standards as required by law.

(b) The Department for Medicaid Services and any managed care organization with whom the department contracts for the delivery of Medicaid services shall not deny reimbursement for telehealth services Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY covered by this section based solely on quality-of-care protocols adopted by a health-care facility pursuant to paragraph (a) of this subsection.

(4) The cabinet shall not require a telehealth consultation if an in-person consultation with a Medicaid-participatingMedicaid- participating provider is reasonably available where the patient resides, works, or attends school or if the patient prefers an in-person consultation.

(7)[(6)] Medicaid-participating practitioners and home health agencies are strongly encouraged to use audio-onlyaudio- only encounters as a mode of delivering telehealth services only when no other approved mode of delivering telehealth services is available.

Page 3 of 5 HB031110.100 - 876 - XXXX 3/8/2023 5:36 PM GA UNOFFICIAL COPY 23 RS HB 311/GA (b) "Federally qualified health center look-alike" means an organization that meets all of the eligibility requirements of a federally qualified health center but does not receive federal grants issued pursuant to 42 U.S.C.

May be subject to subpoena for cross-examination at the hearing, either Page 4 of 5 HB031110.100 - 876 - XXXX 3/8/2023 5:36 PM GA UNOFFICIAL COPY 23 RS HB 311/GA in person, by telephone, or by videoconference;

CHAPTER 181 3 (4) If, at any time after the petition is filed, the court finds that there is no probable cause to continue treatment or if the petitioner withdraws the petition, then the proceedings against the respondent shall be dismissed.

PageSigned 5by ofGovernor 5April HB031110.1006, -2023. 876 - XXXX 3/8/2023 5:36 PM GA

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