New Hampshire State Telehealth Laws and Reimbursement Policies

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Information Provided ByCenter for Connected Health Policy

© Public Health Institute/ Center for
Connected Health Policy 2019: http://cchpca.org

New Hampshire Medicaid

New Hampshire
Medicaid Program: New Ham pshire Medicaid

Program Administrator: Dept. of Health and Human Services

Regional Telehealth Resource Center:

Northeast Telehealth Resource Center
11 Parkwood Drive

Augusta, ME 04330
(800) 379-2021
www.netrc.org

STATE LAW/REGULATIONS MEDICAID PROGRAM

Definition of telemedicine/telehealth

“Telemedicine, as it pertains to the delivery of health care services, means the use of audio, video, or other electronic media for the purpose of diagnosis, consultation, or treatment. Telemedicine does not include the use of audio-only telephone or facsimile.”

Source: NH Revised Statutes Annotated, 415-J: 2 (2012).

”Telehealth services” and the term “telemedicine” shall comply with 42 C.F.R. section 410.78 and the Centers for Medicare and Medicaid Services requirements.

Source: NH Bill SB 112 (2015).

Live Video Reimbursement

New Hampshire statute states that insurers may not deny coverage for services provided through telemedicine, which includes live video.

Source: NH Revised Statutes Annotated, 415-J: 3 (2012).

(See “Private Payers” section).

Limited reimbursement for some live video services. NH Medicaid follows the reimbursement policies of Medicare.

Providers who may receive reimbursement:

Physician

Nurse practitioner

Clinical nurse specialist

Nurse-midwife

Clinical psychologist

Clinical social worker

Registered dietitian or specified nutrition professional

Source: NH Bill SB 112 (2015).

Store and Forward Reimbursement

No reference found. No reimbursement for store-and-forward.
Source: NH Bill SB 112 (2015).

Remote Patient Monitoring Reimbursement

No reference found. No reference found.

Email/Phone/FAX

No reference found for email. No reimbursement for email.
No reimbursement for telephone. No reimbursement for telephone.
No reimbursement for FAX. No reimbursement for FAX.

© 2017 Public Health Institute Center for Connected Health Policy

STATE LAW/REGULATIONS MEDICAID PROGRAM

Source: NH Revised Statutes Annotated, 415-J: 2 (2012). Source: NH Bill SB 112 (2015).

Online Prescribing

A physician-patient relationship requires an in-person No reference found.
exam that may take place via a face-to-face 2-way real
time interactive communication. Prescribing drugs to
individuals without a physician-patient relationship is
prohibited, except under the following conditions:
Writing admission orders for a newly
hospitalized patient;
A patient of another provider for whom the
prescriber is taking call;
A prescription for a patient who has been
examined by a physician assistant, nurse
practitioner, or other licensed practitioner;
Medication on a short-term basis for a new
patient prior to the patient’s first appointment;
When providing limited treatment to a family
member in accordance with the American
Medical Association Code of Medical Ethics.
It is unlawful to prescribe through telemedicine a
controlled drug classified in schedule II through IV. A
prescription of a non-opioid controlled drug classified in
schedule II through IV via telemedicine shall be limited
to certain practitioners who are treating a patient with
whom the prescriber has an in-person practitioner-
patient relationship, for purposes of monitoring or follow-
up care, and who are treating patients at a state
designated community mental health center or a
Substance Abuse and Mental Health Services
Administration-certified state opioid treatment program,
and shall require an initial in-person exam by a
practitioner licensed to prescribe the drug.
Source: NH Revised Statutes Annotated, Sec. 329:1-c & NH Bill
SB 84 (2015) & NH Revised Statutes Annotated 22-1 (HB 1210).

Consent

No reference found. No reference found.

Location

No reference found in statute. Recently Amended (Now Effective)

NH Medicaid follows Medicare telehealth reimbursement
policies, with the exception of CMS’ geographic
requirement. However, CMS’ restrictions on modality,
originating sites, services and distant site providers still
apply.
Source: NH Statute 167:4-d, I (Sec. 43:1).

Cross-State Licensing

NH adopted the Federation of State Medical Board No reference found.
(FSMB)’s model language for an interstate medical

© 2017 Public Health Institute Center for Connected Health Policy

STATE LAW/REGULATIONS MEDICAID PROGRAM

licensure compact.

Source: NH Revised Statutes Annotated, 329:C. (HB 1665)

Private Payers

Insurers may not deny coverage for services provided No reference found.

through telemedicine, if the services are covered
through in-person consults.
Source: NH Revised Statutes Annotated, 415-J: 3 (2012).

Site/Transmission Fee

No reference found. No reference found.

Miscellaneous

A committee has been established to study and resolve
barriers related to the use of telehealth technology in
New Hampshire. The committee must report its findings
by Nov. 1, 2014.
Source: NH Revised Statutes Annotated, 112:1 (HB 556).
A board of medical imaging professionals and radiation
therapists shall adopt rules relative to standards of care
for the practice of telemedicine or telehealth.
Source: NH Revised Statutes Annotated, 328-J (SB 330-FN).

Comments: As of December 1, 2013 New Hampshire Medicaid transitioned to a managed care model of administration, under three health plans. These plans each have their own telehealth coverage policy.

Source: Provider Quick Reference Guide. (Accessed Feb. 21, 2014).

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