Page 4 Kentucky

Center for Connected Health Policy

STATE LAW/REGULATIONS MEDICAID PROGRAM

• Verification that the person requesting
medication is in fact who the patient claims to
be;
• Establishment of a documented diagnosis
through the use of accepted medical practices;
• Maintenance of a current medical record.

An electronic, online, or telephone evaluation by
questionnaire are inadequate for the initial or any follow-
up evaluation.

Source: KY Revised Statutes § 311.597 (2012).

A “good faith prior examination” (needed to establish a
physician-patient relationship) can be done through
telehealth.
Source: KY Rev. Statute 218A.010.

The Board of Speech Language Pathology and
Audiology does not allow for the establishment of a
practitioner-patient relationship via telehealth. They
require an in-person meeting to occur first. A
practitioner-patient relationship is required to issue a
prescription.

Source: KY 201 KAR 17:110.
Consent
The provider who delivers or facilitates the telehealth Before providing a telehealth consultation, providers
service shall obtain the informed consent of the patient must document written patient informed consent.
before services are provided.
This includes:

Patient consent must be obtained by: • The patient may refuse the telehealth
• Physicians; consultation at any time without affecting the
• Chiropractors; right to future care or treatment, and without
• Nurses; risking the loss or withdrawal of a benefit to
• Dentists; which the patient is entitled;
• Dieticians; • The recipient shall be informed of alternatives to
• Pharmacist; the telehealth consult;
• Psychologists; • The recipient shall have access to medical
• Occupational therapists; information resulting from the telehealth consult
• Behavioral analysts; as provided by law;
• Ophthalmologists; • The dissemination, storage, or retention of an
• Physical therapists; identifiable recipient image or other information
• Speech language pathologists or audiologists; from the telehealth consult shall comply with all
• Social workers; state and federal confidentiality laws and
regulations;
• Marriage/family therapists. • The patient shall have the right to be informed of
the parties who will be present at the spoke site
Source: KY Revised Statutes § 311.5975 (2012).
and the hub site during the telehealth consult,
(also see Medicaid column) and shall have the right to exclude anyone from
either site;

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