November 4, 2020

Today, the Workers’ Compensation Board published an Emergency Rule Making in the State Register related to allowing telemedicine/telehealth in some circumstances.  This rule (attached) supersedes their prior emergency adoption in this area.

In particular the rule allows for the use of telemedicine/telehealth in some circumstances for social distancing purposes due to the COVID-19 pandemic effective 10/19/20.

The rule defines telemedicine as follows:

Telemedicine, using two-way audio and visual electronic communication, or treatment via telephone, may be used by authorized providers where medically appropriate for social distancing purposes due to the outbreak of COVID-19 during the state of emergency in accordance with the Department of Health COVID-19 Medicaid Guidance and Guidance issued by the Centers for Medicare and Medicaid Services. 

The rule further states that authorized providers shall indicate on their report that such assessment was done using telemedicine by use of modifier 95 and indicating a place of service as 11, or telephonically by indicating place of service as 02. The provider shall also confirm the employee’s identity as well as provide basic information about the services the employee is receiving by telephone or telemedicine.

Finally, the rule permits physicians, nurse practitioners, physician assistants, psychologists, licensed clinical social workers, chiropractors, physical therapists and occupational therapists to treat using telehealth due to the pandemic.

The attached rule making includes more specific billing instructions, and for certain authorized professionals.

Please let us know if you have any questions.