§ 12-15-5-11 — "Telehealth services"; reimbursement; prohibition on distance restrictions and location requirements; waiver of confidentiality; community mental health centers; rules

(a) As used in this section, "telehealth
services" has the meaning set forth for "telehealth" in IC 25-1-9.5-6.
(b) The office shall reimburse the following Medicaid providers for
medically necessary telehealth services:
(1) A federally qualified health center (as defined in 42 U.S.C.
1396d(l)(2)(B)).
(2) A rural health clinic (as defined in 42 U.S.C. 1396d(l)(1)).
(3) A community mental health center certified under IC 12-21-2-3(5)(C).
(4) A critical access hospital that meets the criteria under 42 CFR
485.601 et seq.
(5) A home health agency licensed under IC 16-27-1.
(6) A provider, as determined by the office to be eligible,
providing a covered telehealth service.
(c) The office may not impose any distance restrictions on providers
of telehealth services.
(d) Subject to federal law, the office may not impose any location
requirements concerning the originating site or distant site in which a
telehealth service is provided to a Medicaid recipient.
(e) A Medicaid recipient waives confidentiality of any medical
information discussed with the health care provider that is:
(1) provided during a telehealth visit; and
(2) heard by another individual in the vicinity of the Medicaid
recipient during a health care service or consultation.
(f) For purposes of a community mental health center, telehealth
services satisfy any face to face meeting requirement between a
clinician and consumer.
(g) The office shall implement any part of this section that is
approved by the United States Department of Health and Human
Services.
(h) The office may adopt rules under IC 4-22-2 necessary to
implement and administer this section.

Legislative History

As added by P.L.204-2013, SEC.3. Amended by P.L.150-2017, SEC.1; P.L.85-2021, SEC.3; P.L.207-2021, SEC.8; P.L.109-2022, SEC.2.