Page 76 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

• 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
state and federal confidentiality laws and
• Social workers; regulations;
• Marriage/family therapists. • The patient shall have the right to be informed of

Source: KY Revised Statutes § 311.5975 (2012). the parties who will be present at the spoke site
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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