Kentucky Telehealth State Laws & Reimbursement Policies

Recently Adopted Legislation (Effective Jul. 1, 2019)
KY Medicaid is required to reimburse for covered services provided to a Medicaid recipient through telehealth. The Department must establish requirements for telehealth coverage and reimbursement which are equivalent to the coverage for the same service provided in-person unless the telehealth provider and the Medicaid program agree to a lower reimbursement rate for Kentucky telehealth services, or the Department establishes a different reimbursement rate.

Telehealth means the delivery of health care-related services by Medicaid provider who is a health care provider licensed in Kentucky to a Medicaid recipient through a face-to-face encounter with access to real-time interactive audio and video technology or store-and-forward services that are provided via asynchronous technologies as the standard practice or care where images are sent to a specialist for evaluation.

No reimbursement for email.
No reimbursement for telephone.
No reimbursement for FAX.

The Cabinet must ensure informed consent.

KY Medicaid program required to only allow providers licensed in Kentucky to receive reimbursement for telehealth services.

Click for a list of miscellaneous Kentucky Medicaid requirements.

Recently Adopted Legislation (Effective Jul. 1, 2019)
Telehealth means the delivery of healthcare-related services by a health care provider who is licensed in Kentucky to a patient or client through a face-to-face encounter with access to real-time interactive audio and video technology or store and forward services that are provided via asynchronous technologies as the standard practice of care where images are sent to a specialist for evaluation.

(Effective until Jul. 1, 2019)
Kentucky law states that insurers may not deny coverage because it is “provided through telehealth and not provided through face-to-face consultation” therefore requiring reimbursement for live video.
A health benefit plan may provide coverage for a consultation at a site, not within the telehealth network at the discretion of the insurer.

Payers shall not exclude services solely because the service is provided through telehealth. (Effective until July 1, 2019).

Dietitians or Nutritionists & Jail Standards (Department of Corrections)
“Telehealth means the use of interactive audio, video, or other electronic media to deliver health care. It includes the use of electronic media for diagnosis, consultation, treatment, transfer of health or medical data, and continuing education.”

The treating physician who delivers or facilitates the telehealth service shall obtain the informed consent of the patient before services are provided.

Prior to prescribing in response to any communication transmitted or received by computer or other electronic means, physicians must establish a proper physician-patient relationship.

A provider must be licensed in Kentucky with the exception of persons who, being non-residents of Kentucky and lawfully licensed to practice medicine or osteopathy in their states of actual residence, infrequently engage in the practice of medicine or osteopathy within this state, when called to see or attend particular patients in consultation and association with a Kentucky-licensed physician.

Click for a list of professional board telehealth-specific regulations.