Emergency Regulations and Guidance Allow for Continuation of Telehealth Post-State Public Health Emergency
The Department of Health (DOH) issued emergency regulations over the weekend permitting providers to continue utilizing telehealth and telephonic services to deliver health care services through the duration of the federal public health emergency (PHE):
"For purposes of medical assistance reimbursement during the federally declared public health emergency related to the COVID-19 pandemic, all Medicaid providers authorized to provide in-person services are authorized to provide such services via telehealth, as long as such telehealth services are appropriate to meet a patient’s health care needs and are within a provider’s scope of practice.
In addition to the telehealth modalities set forth in section 2999-cc of the public health law, reimbursement shall be made for telehealth services provided by use of telephone and other audio-only technologies."
Comprehensive guidance, issued originally in March 2020 and permitted through the state PHE, will also be carried forward during the federal PHE allowing many types of providers, including certified home health agencies (CHHAs), licensed home care services agencies (LHCSAs), social and adult day health care, waiver services providers, behavioral health services, and more, to continue to provide telehealth services:
"The intent of this guidance is to extend the expansion for the ability of all Medicaid providers in all situations to use a wide variety of communication methods to deliver services remotely during the COVID-19 federally declared Public Health Emergency, to the extent it is appropriate for the care of the member.
This continuation is effective immediately and shall remain in effect for the remainder of the federally declared Public Health Emergency, or until the issuance of subsequent guidance by the NYSDOH prior to the expiration of such public health emergency declaration.
Telehealth services will be reimbursed under the specialized rules described in this guidance. The guidance is designed to facilitate access to services through telemedicine and telephonic means where necessary."
The guidance outlines provider types, settings, billing codes, site definitions, internet provider resources, and more. Members are encouraged to review the guidance, which may contain some minor revisions to the previous guidance.
Contact: Meg Everett, meverett@leadingageny.org, 518-929-9342