Page 33 State Telehealth Laws and Reimbursement Policies A Comprehensive Scan of the 50 States and District of Columbia

Center for Connected Health Policy

STATE LAW/REGULATIONS MEDICAID PROGRAM

Pharmacists are prohibited from dispensing prescription No reference found.
drugs if they know, or should have known, that it was
on the basis of an internet-based questionnaire, an
Internet-based consult, or a telephone consultation, all
without a valid pre-existing patient-practitioner
relationship.

Source: 3 CO Code of Regulation 719-1 (2012).

Workers’ Compensation
The physician-patient relationship/psychologist-patient
relationship can be established through live audio/video
services.

Source: 7 CO Regs. Rule 18.

Consent
Providers shall give all first-time patients a written
statement that includes the following: The Medicaid requirement for face-to-face contact
between provider and client may be waived prior to
• The patient may refuse telemedicine services at treating the client through telemedicine for the first time.
any time, without loss or withdrawal of The rendering provider must furnish each client with all
treatment; of the following written statements which must be signed
• All applicable confidentiality protections shall by the client or the client’s legal representative:
apply to the services;
• The patient shall have access to all medical • The client retains the option to refuse the delivery of
health care services via telemedicine at any time
information from the services, under state law.
without affecting the client's right to future care or
treatment and without risking the loss or withdrawal
Source: CO Revised Statutes 25.5-5-320 (2012).
of any program benefits to which the client would
Workers’ Compensation otherwise be entitled.
The patient needs to give consent. • All applicable confidentiality protections shall apply
to the services.
Source: 7 CO Regs. Rule 18. • The client shall have access to all medical
information resulting from the telemedicine services
as provided by applicable law for client access to
his or her medical records.

These requirements do not apply in an emergency.

Source: CO Medical Assistance Program, Telemedicine Manual,
p. 4 (Sept. 2013).
Location

Workers’ Compensation No reference found.
Services provided via telecommunications technologies
are not covered if the client has access to comparable
service within 30 miles of his/her place of residence.

Telehealth facilities can bill for the originating site fee if
the site is in a:
• County outside of a Metropolitan Statistical Area
(MSA), or
• A Health Professional Shortage Area, either
located outside of an MSA or in a rural census
tract, as determined by the office of Rural Health

3