| 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 | | 25-04461 as introduced03/05/25 REVISOR AGW/NS |
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| 25 | 25 | | SENATE |
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| 26 | 26 | | STATE OF MINNESOTA |
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| 27 | 27 | | S.F. No. 2743NINETY-FOURTH SESSION |
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| 28 | 28 | | (SENATE AUTHORS: UTKE) |
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| 29 | 29 | | OFFICIAL STATUSD-PGDATE |
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| 30 | 30 | | Introduction and first reading03/20/2025 |
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| 31 | 31 | | Referred to Health and Human Services 2.1 (5) has an established quality assurance process related to delivering services through |
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| 32 | 32 | | 2.2telehealth. |
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| 33 | 33 | | 2.3 (c) As a condition of payment, a licensed health care provider must document each |
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| 34 | 34 | | 2.4occurrence of a health service delivered through telehealth to a medical assistance enrollee. |
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| 35 | 35 | | 2.5Health care service records for services delivered through telehealth must meet the |
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| 36 | 36 | | 2.6requirements set forth in Minnesota Rules, part 9505.2175, subparts 1 and 2, and must |
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| 37 | 37 | | 2.7document: |
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| 38 | 38 | | 2.8 (1) the type of service delivered through telehealth; |
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| 39 | 39 | | 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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| 40 | 40 | | 2.10designation; |
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| 41 | 41 | | 2.11 (3) the health care provider's basis for determining that telehealth is an appropriate and |
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| 42 | 42 | | 2.12effective means for delivering the service to the enrollee; |
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| 43 | 43 | | 2.13 (4) the mode of transmission used to deliver the service through telehealth and records |
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| 44 | 44 | | 2.14evidencing that a particular mode of transmission was utilized; |
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| 45 | 45 | | 2.15 (5) the location of the originating site and the distant site; |
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| 46 | 46 | | 2.16 (6) if the claim for payment is based on a physician's consultation with another physician |
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| 47 | 47 | | 2.17through telehealth, the written opinion from the consulting physician providing the telehealth |
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| 48 | 48 | | 2.18consultation; and |
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| 49 | 49 | | 2.19 (7) compliance with the criteria attested to by the health care provider in accordance |
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| 50 | 50 | | 2.20with paragraph (b). |
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| 51 | 51 | | 2.21 (d) Telehealth visits provided through audio and visual communication or accessible |
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| 52 | 52 | | 2.22video-based platforms may be used to satisfy the face-to-face requirement for reimbursement |
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| 53 | 53 | | 2.23under the payment methods that apply to a federally qualified health center, rural health |
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| 54 | 54 | | 2.24clinic, Indian health service, 638 tribal clinic, and certified community behavioral health |
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| 55 | 55 | | 2.25clinic, if the service would have otherwise qualified for payment if performed in person. |
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| 56 | 56 | | 2.26 (e) For purposes of this subdivision, unless otherwise covered under this chapter: |
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| 57 | 57 | | 2.27 (1) "telehealth" means the delivery of health care services or consultations using real-time |
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| 58 | 58 | | 2.28two-way interactive audio and visual communication or accessible telehealth video-based |
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| 59 | 59 | | 2.29platforms to provide or support health care delivery and facilitate the assessment, diagnosis, |
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| 60 | 60 | | 2.30consultation, treatment, education, and care management of a patient's health care. Telehealth |
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| 61 | 61 | | 2.31includes: the application of secure video conferencing consisting of a real-time, full-motion |
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| 62 | 62 | | 2.32synchronized video; store-and-forward technology; and synchronous interactions, between |
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| 63 | 63 | | 2Section 1. |
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| 64 | 64 | | 25-04461 as introduced03/05/25 REVISOR AGW/NS 3.1a patient located at an originating site and a health care provider located at a distant site. |
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| 65 | 65 | | 3.2Telehealth does not include communication between health care providers, or between a |
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| 66 | 66 | | 3.3health care provider and a patient that consists solely of an audio-only communication, |
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| 67 | 67 | | 3.4email, or facsimile transmission or as specified by law, except that between July 1, 2025, |
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| 68 | 68 | | 3.5and July 1, 2028, telehealth includes communication between a health care provider and a |
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| 69 | 69 | | 3.6patient that solely consists of audio-only communication; |
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| 70 | 70 | | 3.7 (2) "health care provider" means a health care provider as defined under section 62A.673; |
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| 71 | 71 | | 3.8a community paramedic as defined under section 144E.001, subdivision 5f; a community |
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| 72 | 72 | | 3.9health worker who meets the criteria under subdivision 49, paragraph (a); a mental health |
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| 73 | 73 | | 3.10certified peer specialist under section 245I.04, subdivision 10; a mental health certified |
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| 74 | 74 | | 3.11family peer specialist under section 245I.04, subdivision 12; a mental health rehabilitation |
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| 75 | 75 | | 3.12worker under section 245I.04, subdivision 14; a mental health behavioral aide under section |
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| 76 | 76 | | 3.13245I.04, subdivision 16; a treatment coordinator under section 245G.11, subdivision 7; an |
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| 77 | 77 | | 3.14alcohol and drug counselor under section 245G.11, subdivision 5; or a recovery peer under |
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| 78 | 78 | | 3.15section 245G.11, subdivision 8; and |
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| 79 | 79 | | 3.16 (3) "originating site," "distant site," and "store-and-forward technology" have the |
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| 80 | 80 | | 3.17meanings given in section 62A.673, subdivision 2. |
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| 81 | 81 | | 3.18 EFFECTIVE DATE.This section is effective July 1, 2025, or upon federal approval, |
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| 82 | 82 | | 3.19whichever is later. The commissioner of human services shall notify the revisor of statutes |
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| 83 | 83 | | 3.20when federal approval is obtained. |
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| 84 | 84 | | 3Section 1. |
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| 85 | 85 | | 25-04461 as introduced03/05/25 REVISOR AGW/NS |
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