HF 2172

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/20/2025 04:14 p.m.

A bill for an act
relating to human services; extending medical assistance coverage of audio-only
telehealth; amending Minnesota Statutes 2024, section 256B.0625, subdivision
3b.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 256B.0625, subdivision 3b, is amended to
read:

Subd. 3b.

Telehealth services.

(a) Medical assistance covers medically necessary services
and consultations delivered by a health care provider through telehealth in the same manner
as if the service or consultation was delivered through in-person contact. Services or
consultations delivered through telehealth shall be paid at the full allowable rate.

(b) The commissioner may establish criteria that a health care provider must attest to in
order to demonstrate the safety or efficacy of delivering a particular service through
telehealth. The attestation may include that the health care provider:

(1) has identified the categories or types of services the health care provider will provide
through telehealth;

(2) has written policies and procedures specific to services delivered through telehealth
that are regularly reviewed and updated;

(3) has policies and procedures that adequately address patient safety before, during,
and after the service is delivered through telehealth;

(4) has established protocols addressing how and when to discontinue telehealth services;
and

(5) has an established quality assurance process related to delivering services through
telehealth.

(c) As a condition of payment, a licensed health care provider must document each
occurrence of a health service delivered through telehealth to a medical assistance enrollee.
Health care service records for services delivered through telehealth must meet the
requirements set forth in Minnesota Rules, part 9505.2175, subparts 1 and 2, and must
document:

(1) the type of service delivered through telehealth;

(2) the time the service began and the time the service ended, including an a.m. and p.m.
designation;

(3) the health care provider's basis for determining that telehealth is an appropriate and
effective means for delivering the service to the enrollee;

(4) the mode of transmission used to deliver the service through telehealth and records
evidencing that a particular mode of transmission was utilized;

(5) the location of the originating site and the distant site;

(6) if the claim for payment is based on a physician's consultation with another physician
through telehealth, the written opinion from the consulting physician providing the telehealth
consultation; and

(7) compliance with the criteria attested to by the health care provider in accordance
with paragraph (b).

(d) Telehealth visits provided through audio and visual communication or accessible
video-based platforms may be used to satisfy the face-to-face requirement for reimbursement
under the payment methods that apply to a federally qualified health center, rural health
clinic, Indian health service, 638 tribal clinic, and certified community behavioral health
clinic, if the service would have otherwise qualified for payment if performed in person.

(e) For purposes of this subdivision, unless otherwise covered under this chapter:

(1) "telehealth" means the delivery of health care services or consultations using real-time
two-way interactive audio and visual communication or accessible telehealth video-based
platforms to provide or support health care delivery and facilitate the assessment, diagnosis,
consultation, treatment, education, and care management of a patient's health care. Telehealth
includes: the application of secure video conferencing consisting of a real-time, full-motion
synchronized video; store-and-forward technology; and synchronous interactions, between
a patient located at an originating site and a health care provider located at a distant site.
Telehealth does not include communication between health care providers, or between a
health care provider and a patient that consists solely of an audio-only communication,
email, or facsimile transmission or as specified by law new text begin , except that between July 1, 2025,
and July 1, 2028, telehealth includes communication between a health care provider and a
patient that solely consists of audio-only communication new text end ;

(2) "health care provider" means a health care provider as defined under section 62A.673;
a community paramedic as defined under section 144E.001, subdivision 5f; a community
health worker who meets the criteria under subdivision 49, paragraph (a); a mental health
certified peer specialist under section 245I.04, subdivision 10; a mental health certified
family peer specialist under section 245I.04, subdivision 12; a mental health rehabilitation
worker under section 245I.04, subdivision 14; a mental health behavioral aide under section
245I.04, subdivision 16; a treatment coordinator under section 245G.11, subdivision 7; an
alcohol and drug counselor under section 245G.11, subdivision 5; or a recovery peer under
section 245G.11, subdivision 8; and

(3) "originating site," "distant site," and "store-and-forward technology" have the
meanings given in section 62A.673, subdivision 2.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end