Montana Code 53-6-122. Telehealth services — requirements — limitations
53-6-122. Telehealth services — requirements — limitations. (1) Providers enrolled in the medicaid program may provide medically necessary services by means of telehealth if the service:
Terms Used In Montana Code 53-6-122
- Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 53-6-155
- Medicaid: means the Montana medical assistance program established under Title 53, chapter 6. See Montana Code 53-6-155
- Originating site provider: means an enrolled provider who is operating a secure connection that complies with the requirements of the Health Insurance Portability and Accountability Act of 1996, 42 U. See Montana Code 53-6-155
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Provider: means an individual, company, partnership, corporation, institution, facility, or other entity or business association that has enrolled or applied to enroll as a provider of services or items under the medical assistance program established under this part. See Montana Code 53-6-155
- Telehealth: means the use of telecommunications and information technology to provide access to health assessment, diagnosis, intervention, consultation, supervision, and information across distance, including but not limited to the use of secure portal messaging, secure instant messaging, audiovisual communications, and audio-only communications. See Montana Code 53-6-155
(a)is clinically appropriate for delivery by telehealth as specified by the department by rule or policy;
(b)comports with the guidelines of the applicable medicaid provider manual; and
(c)is not specifically required in the applicable provider manual to be provided in a face-to-face manner.
(2)A provider shall:
(a)ensure an enrollee receiving telehealth services has the same rights to confidentiality and security as provided for traditional office visits;
(b)follow consent and patient information protocols consistent with the protocols followed for in-person visits; and
(c)comply with recordkeeping requirements established by the department by rule.
(3)Telehealth services:
(a)may be provided using secure portal messaging, secure instant messaging, telephone communication, or audiovisual communication;
(b)may not be provided in a setting or manner not otherwise authorized by law; and
(c)must be reimbursed at the same rate of payment as services delivered in person.
(4)An enrollee’s residence is not reimbursable as an enrolled originating site provider.
(5)The department shall adopt rules for the provision of telehealth services, including but not limited to:
(a)billing procedures for enrolled providers;
(b)the services considered clinically appropriate for telehealth purposes;
(c)recordkeeping requirements for providers, including originating site providers; and
(d)other requirements for originating site providers, including allowable provider types, reimbursement rates, and requirements for the secure technology to be used at originating sites.
(6)Nothing in this section may be construed as altering the scope of practice of any enrolled provider delivering services by means of telehealth.