NOTICE OF PROPOSED CHANGES ON MEDICAID COVERAGE & PAYMENT FOR SERVICES DELIVERED THROUGH TELEHEALTH MODALITIES IN THE REGULATIONS OF THE DEPARTMENT OF HEALTH.
| BRIEF DESCRIPTION The Department of Health proposes to change regulations on the Medicaid coverage of and payment for services delivered by means of a telehealth modality. |
The Department of Health proposes to adopt regulation changes in Title 7 of the Alaska Administrative Code, to implement the requirements of House Bill Number 265 (HB 265). The proposed changes will continue many telehealth flexibilities implemented in response to the COVID-19 public health emergency, and allow Medicaid recipients to access care.***
***Please Note: Details related to HB 265: Short Title: Health Care Services by Telehealth; Title: "An Act relating to telehealth; relating to the practice of medicine and the practice of nursing; relating to medical assistance coverage for services provided by telehealth; and providing for an effective date" (HB 265; 32nd Legislature). The HB 265 bill was signed into law. The related details may be accessed on the Alaska State Legislature’s website at https://www.akleg.gov/basis/Bill/Detail/32?Root=HB%20265#tab1_4 ; the PDF version of HB 265 may be accessed at https://www.akleg.gov/PDF/32/Bills/HB0265A.PDF ; the October 5, 2022, House Journal entry may be accessed at https://www.akleg.gov/basis/Journal/Pages/32?Chamber=H&Bill=HB%20265&Page=03197#3197 .***
The proposed changes pertain to Medicaid coverage of and payment for services delivered by means of a telehealth modality, including the following:
- 7 AAC 110. Medicaid Coverage; Professional Services, is proposed to be amended as follows:
- revise title and article titles to reflect new telehealth nomenclature;
- remove prohibitions on telephone consultations;
- update telehealth terminology;
- establish that all services, except for those identified in 7 AAC 110.635, are reimbursable when delivered in-person and through a telehealth modality;
- establish that direct supervision communications and facilitation are not considered telehealth and will not be reimbursed;
- establish that treatment, evaluation, and assessment are eligible for payment when delivered by means of a telehealth modality;
- define provider roles in telehealth (rendering, referring, consulting);
- establish that a service delivered through telehealth must meet the same requirements as if delivered in-person;
- establish telehealth record keeping requirements;
- establish audio-only coverage, based on the Centers for Medicare & Medicaid Services (CMS) and American Medical Association (AMA) definitions and recommendations;
- amend synchronous and asynchronous telehealth coverage based on CMS and AMA definitions.
- 7 AAC 135. Medicaid Coverage; Behavioral Health Services, is proposed to be amended as follows:
- update telehealth terminology;
- revise section titles to reflect new telehealth nomenclature.
- 7 AAC 145. Medicaid Payment Rates, is proposed to be amended as follows:
- update telehealth terminology;
- revise section title to reflect new telehealth nomenclature and to reflect section content;
- establish that a rate for a service delivered through a telehealth modality is the same as if the service was delivered in-person.
You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to Ms. Susan Miller Dunkin by electronic mail at susan.dunkin@alaska.gov or mail at the Department of Health, Division of Health Care Services, 4601 Business Park Blvd., Bldg. K, Attention: Susan Miller Dunkin, Anchorage, AK 99503. The comments must be received not later than 5 p.m. on April 6, 2023.
You may provide oral comments relevant to the proposed action via telephone at the hearing to be held on March 24, 2023, by calling telephone number 1-800-315-6338 and using the access code number #59481.There will not be in-person attendance provided at the hearing site, so please prepare to share your oral comments by telephone only. The hearing is scheduled from 10 a.m. to 12 p.m., and priority will be given to commenters on the line before the beginning of the hearing. The hearing may be extended to accommodate those on the line before 11:30 a.m. who did not have an opportunity to comment. Before the start of the hearing, Department of Health may limit the time allotted for each person providing oral testimony, as reasonably necessary to conclude the hearing in the time provided.
You may submit written questions relevant to the proposed action to Ms. Susan Miller Dunkin by electronic mail at susan.dunkin@alaska.gov or mail at the Department of Health, Division of Health Care Services, 4601 Business Park Blvd., Bldg. K, Attention: Susan Miller Dunkin, Anchorage, AK 99503. The questions must be received at least 10 days before the end of the public comment period. The Department of Health will aggregate its response to substantially similar questions and make the questions and responses available on the Alaska Online Public Notice System.
If you are a person with a disability who needs a special accommodation to participate in this process, please contact Ms. Susan Miller Dunkin at susan.dunkin@alaska.gov or at (907) 310-2769
not later than March 20, 2023, to ensure that any necessary accommodations can be provided.
A copy of the proposed regulation changes is available on the Alaska Online Public Notice System and by contacting Ms. Susan Miller Dunkin at susan.dunkin@alaska.gov or by telephone at (907) 310-2769.
After the public comment period ends, the Department of Health will either adopt the proposed regulation changes or other provisions dealing with the same subject, without further notice, or decide to take no action. The language of the final regulation may be different from that of the proposed regulation. You should comment during the time allowed if your interests could be affected.
Statutory authority: AS 47.05.010; AS 47.07.030; AS 47.07.040.
Statutes being implemented, interpreted, or made specific: AS 47.05.010; AS 47.07.030; AS 47.07.040.
Fiscal information (in thousands of dollars): The proposed regulation changes are not expected to require an increased appropriation.
The Department of Health, Division of Health Care Services, keeps a list of individuals and organizations interested in its regulations. Those on the list will automatically be sent a copy of all the Department of Health, Division of Health Care Services, notices of proposed regulation changes. To be added to or removed from the list, send a request to the Department of Health, Division of Health Care Services at susan.dunkin@alaska.gov , giving your name, and either your e-mail address or mailing address, as you prefer for receiving notices.
Individuals can also signup to receive automated notifications of all State of Alaska notices, including public notice for regulation changes, by subscribing to the Alaska Online Public Notices System: https://aws.state.ak.us/OnlinePublicNotices/Default.aspx.
DATE: February 28, 2023.
/s/Heidi Hedberg
Commissioner,
Department of Health
State of Alaska.