Section 25.5-5-321 - Telemedicine - home health care - home health telemedicine cash fund - rules - repeal(1) On or after August 11, 2010, at-home telemedicine shall be eligible for reimbursement under the state's medical assistance program. The services delivered through telemedicine shall be subject to reimbursement policies promulgated by rule of the state board after consultation with home health-care and home- and community-based services providers. This section also applies to managed care organizations that contract with the state department pursuant to the statewide managed care system, but only to the extent that: (a) Home health care or home- and community-based services delivered through telemedicine are covered by and reimbursed under the medicaid program; and(b) Managed care contracts with managed care organizations are amended to add coverage of home health care or home- and community-based services delivered through telemedicine.(2)(a) The reimbursement rate for home health care or home- and community-based services delivered through telemedicine that are otherwise eligible for reimbursement under the medical assistance program shall be set by rule of the state board and shall be: (I) In the form of a flat fee in one or more levels, depending on acuity.(II) (Deleted by amendment, L. 2010, (HB 10-1005), ch. 1598, p. 1598, § 1, effective August 11, 2010.)(b) Any cost savings identified pursuant to this section shall be considered for use in paying for home- and community-based services under part 6 of this article, community-based long-term care, and home health services.(c) For the first two years after August 11, 2010, gifts, grants, and donations shall be used to implement this section. Gifts, grants, and donations made for this purpose shall be transferred to the home health telemedicine cash fund, which is hereby created in the state treasury. Moneys in the home health telemedicine cash fund shall be appropriated to the state board and used to implement this section. Moneys in the fund shall remain in the fund and not be transferred to the general fund at the end of any fiscal year. After two years or if the moneys in the cash fund are depleted, the department is authorized to go through the normal budget process to continue implementation of this section.(3)(a) Reimbursement shall not be provided for purchase or lease of telemedicine equipment.(b)(I) Subsection (3)(a) of this section does not apply to expenditures made pursuant to part 18 of article 6 of this title 25.5.(II) This subsection (3)(b) is repealed, effective July 1, 2025.(4)(a) A home health-care or home- and community-based services provider who delivers services through telemedicine shall provide to each patient, before treating that patient through telemedicine for the first time, the following written statements:(I) That the patient retains the option to refuse the delivery of home health care or home- and community-based services via telemedicine at any time without affecting the patient's right to future care or treatment and without risking the loss or withdrawal of any program benefits to which the patient would otherwise be entitled;(II) That all applicable confidentiality protections shall apply to the services; and(III) That the patient shall have access to all medical information resulting from the telemedicine services as provided by applicable law for patient access to his or her medical records.(b) The provisions of paragraph (a) of this subsection (4) shall not apply in an emergency.(5) Nothing in this section shall be construed to:(a) Alter the scope of practice of any home health-care or home- and community-based services provider; or(b) Authorize the delivery of home health care or home- and community-based services in a setting or manner not otherwise authorized by law.Amended by 2021 Ch. 395, § 3, eff. 6/30/2021.L. 2007: Entire section added, p. 1182, § 2, effective 1/1/2008. L. 2010: (1), (2), and (3) amended, (HB 10-1005), ch. 1598, p. 1598, § 1, effective August 11. L. 2021: (3) amended, (SB 21-286), ch. 2627, p. 2627, § 3, effective June 30.