new text begin [62A.673] COVERAGE OF SERVICES PROVIDED THROUGH
TELEHEALTH.
new text end

new text begin Subdivision 1. new text end

new text begin Citation. new text end

new text begin This section may be cited as the "Minnesota Telehealth Act."
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the terms defined in this subdivision
have the meanings given.
new text end

new text begin (b) "Distant site" means a site at which a health care provider is located while providing
health care services or consultations by means of telehealth.
new text end

new text begin (c) "Health care provider" means a health care professional who is licensed, credentialed,
or registered by the state to perform health care services within the provider's scope of
practice and in accordance with state law. A health care provider includes a mental health
professional as defined under section 245.462, subdivision 18, or 245.4871, subdivision
27; and a mental health practitioner as defined under section 245.462, subdivision 17, or
245.4871, subdivision 26, who is working under the supervision of a mental health
professional.
new text end

new text begin (d) "Health carrier" has the meaning given in section 62A.011, subdivision 2.
new text end

new text begin (e) "Health plan" has the meaning given in section 62A.011, subdivision 3. Health plan
includes dental plans as defined in section 62Q.76, subdivision 3, but does not include dental
plans that provide indemnity-based benefits, regardless of expenses incurred, and are designed
to pay benefits directly to the policy holder.
new text end

new text begin (f) "Originating site" means a site at which a patient is located at the time health care
services are provided to the patient by means of telehealth. For purposes of store-and-forward
transfer, the originating site also means the location at which a health care provider transfers
or transmits information to the distant site.
new text end

new text begin (g) "Store-and-forward transfer" means the asynchronous electronic transfer of a patient's
medical information or data from an originating site to a distant site for the purposes of
diagnostic and therapeutic assistance in the care of a patient.
new text end

new text begin (h) "Telehealth" means the delivery of health care services or consultations through the
use of real time two-way interactive audio and visual or audio-only communications to
provide or support health care delivery and facilitate the assessment, diagnosis, consultation,
treatment, education, and care management of a patient's health care. Telehealth includes
the application of secure video conferencing, store-and-forward transfers, and synchronous
interactions between a patient located at an originating site and a health care provider located
at a distant site. Telehealth includes audio-only communication between a health care
provider and a patient. Telehealth does not include communication between health care
providers or between a health care provider and a patient that consists solely of an e-mail
or facsimile transmission. Telehealth does not include communication between health care
providers that consists solely of a telephone conversation.
new text end

new text begin Subd. 3. new text end

new text begin Coverage of telehealth. new text end

new text begin (a) A health plan sold, issued, or renewed by a health
carrier in Minnesota must (1) cover benefits delivered through telehealth in the same manner
as any other benefits covered under the health plan, and (2) comply with this section.
new text end

new text begin (b) Coverage for services delivered through telehealth must not be limited on the basis
of geography, location, or distance for travel.
new text end

new text begin (c) A health carrier must not create a separate provider network or provide incentives
to patients to use a separate provider network to deliver services through telehealth that
does not include network providers who provide in-person care to patients for the same
service.
new text end

new text begin (d) A health carrier may require a deductible, co-payment, or coinsurance payment for
a health care service provided through telehealth, provided that the deductible, co-payment,
or coinsurance payment is not in addition to, and does not exceed, the deductible, co-payment,
or coinsurance applicable for the same service provided through in-person contact.
new text end

new text begin (e) Nothing in this section:
new text end

new text begin (1) requires a health carrier to provide coverage for services that are not medically
necessary or are not covered under the enrollee's health plan; or
new text end

new text begin (2) prohibits a health carrier from:
new text end

new text begin (i) establishing criteria that a health care provider must meet to demonstrate the safety
or efficacy of delivering a particular service through telehealth for which the health carrier
does not already reimburse other health care providers for delivering the service through
telehealth; or
new text end

new text begin (ii) establishing reasonable medical management techniques, provided the criteria or
techniques are not unduly burdensome or unreasonable for the particular service; or
new text end

new text begin (iii) requiring documentation or billing practices designed to protect the health carrier
or patient from fraudulent claims, provided the practices are not unduly burdensome or
unreasonable for the particular service.
new text end

new text begin (f) Nothing in this section requires the use of telehealth when a health care provider
determines that the delivery of a health care service through telehealth is not appropriate or
when an enrollee chooses not to receive a health care service through telehealth.
new text end

new text begin Subd. 4. new text end

new text begin Parity between telehealth and in-person services. new text end

new text begin (a) A health carrier must
not restrict or deny coverage of a health care service that is covered under a health plan
solely:
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new text begin (1) because the health care service provided by the health care provider through telehealth
is not provided through in-person contact; or
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new text begin (2) based on the communication technology or application used to deliver the health
care service through telehealth, provided the technology or application complies with this
section and is appropriate for the particular service.
new text end

new text begin (b) Prior authorization may be required for health care services delivered through
telehealth only if prior authorization is required before the delivery of the same service
through in-person contact.
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new text begin (c) A health carrier may require a utilization review for services delivered through
telehealth, provided the utilization review is conducted in the same manner and uses the
same clinical review criteria as a utilization review for the same services delivered through
in-person contact.
new text end

new text begin Subd. 5. new text end

new text begin Reimbursement for services delivered through telehealth. new text end

new text begin (a) A health carrier
must reimburse the health care provider for services delivered through telehealth on the
same basis and at the same rate as the health carrier would apply to those services if the
services had been delivered by the health care provider through in-person contact.
new text end

new text begin (b) A health carrier must not deny or limit reimbursement based solely on a health care
provider delivering the service or consultation through telehealth instead of through in-person
contact.
new text end

new text begin (c) A health carrier must not deny or limit reimbursement based solely on the technology
and equipment used by the health care provider to deliver the health care service or
consultation through telehealth, provided the technology and equipment used by the provider
meets the requirements of this section and is appropriate for the particular service.
new text end

new text begin Subd. 6. new text end

new text begin Telehealth equipment. new text end

new text begin (a) A health carrier must not require a health care
provider to use specific telecommunications technology and equipment as a condition of
coverage under this section, provided the health care provider uses telecommunications
technology and equipment that complies with current industry interoperable standards and
complies with standards required under the federal Health Insurance Portability and
Accountability Act of 1996, Public Law 104-191, and regulations promulgated under that
Act, unless authorized under this section.
new text end

new text begin (b) A health carrier must provide coverage for health care services