| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to human services; extending medical assistance coverage of audio-only |
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| 3 | 3 | | 1.3 telehealth; amending Minnesota Statutes 2024, section 256B.0625, subdivision |
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| 4 | 4 | | 1.4 3b. |
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| 5 | 5 | | 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 6 | 6 | | 1.6 Section 1. Minnesota Statutes 2024, section 256B.0625, subdivision 3b, is amended to |
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| 7 | 7 | | 1.7read: |
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| 8 | 8 | | 1.8 Subd. 3b.Telehealth services.(a) Medical assistance covers medically necessary services |
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| 9 | 9 | | 1.9and consultations delivered by a health care provider through telehealth in the same manner |
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| 10 | 10 | | 1.10as if the service or consultation was delivered through in-person contact. Services or |
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| 11 | 11 | | 1.11consultations delivered through telehealth shall be paid at the full allowable rate. |
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| 12 | 12 | | 1.12 (b) The commissioner may establish criteria that a health care provider must attest to in |
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| 13 | 13 | | 1.13order to demonstrate the safety or efficacy of delivering a particular service through |
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| 14 | 14 | | 1.14telehealth. The attestation may include that the health care provider: |
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| 15 | 15 | | 1.15 (1) has identified the categories or types of services the health care provider will provide |
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| 16 | 16 | | 1.16through telehealth; |
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| 17 | 17 | | 1.17 (2) has written policies and procedures specific to services delivered through telehealth |
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| 18 | 18 | | 1.18that are regularly reviewed and updated; |
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| 19 | 19 | | 1.19 (3) has policies and procedures that adequately address patient safety before, during, |
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| 20 | 20 | | 1.20and after the service is delivered through telehealth; |
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| 21 | 21 | | 1.21 (4) has established protocols addressing how and when to discontinue telehealth services; |
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| 22 | 22 | | 1.22and |
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| 23 | 23 | | 1Section 1. |
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| 24 | 24 | | REVISOR AGW/NS 25-0446103/05/25 |
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| 25 | 25 | | State of Minnesota |
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| 26 | 26 | | This Document can be made available |
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| 27 | 27 | | in alternative formats upon request |
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| 28 | 28 | | HOUSE OF REPRESENTATIVES |
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| 29 | 29 | | H. F. No. 2172 |
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| 30 | 30 | | NINETY-FOURTH SESSION |
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| 31 | 31 | | Authored by Backer03/12/2025 |
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| 32 | 32 | | The bill was read for the first time and referred to the Committee on Human Services Finance and Policy 2.1 (5) has an established quality assurance process related to delivering services through |
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| 33 | 33 | | 2.2telehealth. |
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| 34 | 34 | | 2.3 (c) As a condition of payment, a licensed health care provider must document each |
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| 35 | 35 | | 2.4occurrence of a health service delivered through telehealth to a medical assistance enrollee. |
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| 36 | 36 | | 2.5Health care service records for services delivered through telehealth must meet the |
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| 37 | 37 | | 2.6requirements set forth in Minnesota Rules, part 9505.2175, subparts 1 and 2, and must |
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| 38 | 38 | | 2.7document: |
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| 39 | 39 | | 2.8 (1) the type of service delivered through telehealth; |
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| 40 | 40 | | 2.9 (2) the time the service began and the time the service ended, including an a.m. and p.m. |
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| 41 | 41 | | 2.10designation; |
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| 42 | 42 | | 2.11 (3) the health care provider's basis for determining that telehealth is an appropriate and |
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| 43 | 43 | | 2.12effective means for delivering the service to the enrollee; |
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| 44 | 44 | | 2.13 (4) the mode of transmission used to deliver the service through telehealth and records |
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| 45 | 45 | | 2.14evidencing that a particular mode of transmission was utilized; |
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| 46 | 46 | | 2.15 (5) the location of the originating site and the distant site; |
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| 47 | 47 | | 2.16 (6) if the claim for payment is based on a physician's consultation with another physician |
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| 48 | 48 | | 2.17through telehealth, the written opinion from the consulting physician providing the telehealth |
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| 49 | 49 | | 2.18consultation; and |
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| 50 | 50 | | 2.19 (7) compliance with the criteria attested to by the health care provider in accordance |
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| 51 | 51 | | 2.20with paragraph (b). |
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| 52 | 52 | | 2.21 (d) Telehealth visits provided through audio and visual communication or accessible |
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| 53 | 53 | | 2.22video-based platforms may be used to satisfy the face-to-face requirement for reimbursement |
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| 54 | 54 | | 2.23under the payment methods that apply to a federally qualified health center, rural health |
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| 55 | 55 | | 2.24clinic, Indian health service, 638 tribal clinic, and certified community behavioral health |
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| 56 | 56 | | 2.25clinic, if the service would have otherwise qualified for payment if performed in person. |
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| 57 | 57 | | 2.26 (e) For purposes of this subdivision, unless otherwise covered under this chapter: |
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| 58 | 58 | | 2.27 (1) "telehealth" means the delivery of health care services or consultations using real-time |
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| 59 | 59 | | 2.28two-way interactive audio and visual communication or accessible telehealth video-based |
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| 60 | 60 | | 2.29platforms to provide or support health care delivery and facilitate the assessment, diagnosis, |
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| 61 | 61 | | 2.30consultation, treatment, education, and care management of a patient's health care. Telehealth |
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| 62 | 62 | | 2.31includes: the application of secure video conferencing consisting of a real-time, full-motion |
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| 63 | 63 | | 2.32synchronized video; store-and-forward technology; and synchronous interactions, between |
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| 64 | 64 | | 2Section 1. |
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| 65 | 65 | | REVISOR AGW/NS 25-0446103/05/25 3.1a patient located at an originating site and a health care provider located at a distant site. |
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| 66 | 66 | | 3.2Telehealth does not include communication between health care providers, or between a |
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| 67 | 67 | | 3.3health care provider and a patient that consists solely of an audio-only communication, |
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| 68 | 68 | | 3.4email, or facsimile transmission or as specified by law, except that between July 1, 2025, |
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| 69 | 69 | | 3.5and July 1, 2028, telehealth includes communication between a health care provider and a |
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| 70 | 70 | | 3.6patient that solely consists of audio-only communication; |
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| 71 | 71 | | 3.7 (2) "health care provider" means a health care provider as defined under section 62A.673; |
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| 72 | 72 | | 3.8a community paramedic as defined under section 144E.001, subdivision 5f; a community |
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| 73 | 73 | | 3.9health worker who meets the criteria under subdivision 49, paragraph (a); a mental health |
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| 74 | 74 | | 3.10certified peer specialist under section 245I.04, subdivision 10; a mental health certified |
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| 75 | 75 | | 3.11family peer specialist under section 245I.04, subdivision 12; a mental health rehabilitation |
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| 76 | 76 | | 3.12worker under section 245I.04, subdivision 14; a mental health behavioral aide under section |
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| 77 | 77 | | 3.13245I.04, subdivision 16; a treatment coordinator under section 245G.11, subdivision 7; an |
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| 78 | 78 | | 3.14alcohol and drug counselor under section 245G.11, subdivision 5; or a recovery peer under |
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| 79 | 79 | | 3.15section 245G.11, subdivision 8; and |
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| 80 | 80 | | 3.16 (3) "originating site," "distant site," and "store-and-forward technology" have the |
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| 81 | 81 | | 3.17meanings given in section 62A.673, subdivision 2. |
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| 82 | 82 | | 3.18 EFFECTIVE DATE.This section is effective July 1, 2025, or upon federal approval, |
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| 83 | 83 | | 3.19whichever is later. The commissioner of human services shall notify the revisor of statutes |
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| 84 | 84 | | 3.20when federal approval is obtained. |
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| 85 | 85 | | 3Section 1. |
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| 86 | 86 | | REVISOR AGW/NS 25-0446103/05/25 |
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