211.336 Duties of agency promulgating administrative regulations relating to
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/ky/211-336A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
telehealth -- Restrictions. If a state agency authorized or required to promulgate administrative regulations relating to telehealth chooses to promulgate an administrative regulation relating to telehealth, the state agency:
(1)Shall:
(a)Use terminology consistent with the glossary of telehealth terminology
established by the cabinet pursuant to KRS 211.334; and
(b)Comply with the minimum requirements established by the cabinet pursuant
to KRS 211.334;
(2)Shall not:
(a)Require a provider to be physically present with the recipient, unless the
provider determines that it is medically necessary to perform those services in
person;
(b)Require prior authorization, medical review, or administrative clearance for
telehealth that would not be required if a service were provided in person;
(c)Require a provider to be employed by another provider or agency in order to
provide telehealth services that would not be required if that service were
provided in person;
(d)Require demonstration that it is necessary to provide services to a patient
through telehealth;
(e)Restrict or deny coverage of telehealth based solely on the communication
technology or application used to deliver the telehealth services;
(f)Prohibit the delivery of telehealth services to a person located in Kentucky by
a provider who is a participant in a recognized interstate compact and delivers
telehealth services to a person in Kentucky under the standards and provisions
of that interstate compact;
(g)Prohibit an insurer or managed care organization from utilizing audits for
medical coding accuracy in the review of telehealth services specific to audio-
only encounters;
(h)Require a provider to be part of a telehealth network;
(i)Prohibit the delivery of telehealth services to a person who is a permanent
resident of Kentucky who is temporarily located outside of Kentucky by a
provider who is credentialed by a Kentucky professional licensure board;
(j)Prohibit the delivery of telehealth services to a person who is not a permanent
resident of Kentucky who is temporarily located in Kentucky by a provider
who is credentialed by a professional licensure board in the person's state of
permanent residence; or
(k)Require a health care provider to be physically located in the state that he or
she is credentialed in by a professional licensure board in order to provide
telehealth services to a person who is a permanent resident of the same state.
Nothing in this paragraph shall be construed to imply that the Kentucky
Medicaid program would be responsible for reimbursement for any services
provided in Kentucky by a provider not credentialed by the Kentucky
Medicaid program; and
(3)May promulgate administrative regulations, which shall be no more restrictive than
administrative regulations for providers who deliver healthcare services in person,
to establish additional requirements relating to telehealth, including requirements:
(a)For the proper use and security of telehealth;
(b)To address emergency situations, including but not limited to suicidal
ideations or plans; threats to self or others; evidence of dependency, neglect,
or abuse; or other life-threatening conditions;
(c)To prevent waste, fraud, and abuse of telehealth services, both in general and
specific to the provision of telehealth services delivered via audio-only
encounters; or
(d)That a telehealth provider be licensed in Kentucky, or as allowed under the
standards and provisions of a recognized interstate compact, in order to
receive reimbursement for telehealth services.