Code of Maine Rules
10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL
Chapter 101 - MAINECARE BENEFITS MANUAL (FORMERLY MAINE MEDICAL ASSISTANCE MANUAL)
Chapter I - Specific Policies By Service
Sec2 144-101-I-4 - Telehealth Services
Subsection 144-101-I-4.06 - POLICIES AND PROCEDURES
Universal Citation: 10 ME Code Rules ยง 144-101-I-4.06
Current through 2024-38, September 18, 2024
4.06-1 Telehealth Equipment and Technology
A. Health Care Providers must ensure that the
telecommunication technology and equipment used at the Receiving (Provider)
Site and the Originating (Member) Site is sufficient to allow the Health Care
Provider to appropriately provide the Member with services billed to
MaineCare.
B.
Security
1. Health Care Providers must comply with all
federal, state, and local regulations that apply to its business including, but
not limited to, the Electronic Communications Privacy Act of
1986. Any services that use networked services must comply with HIPAA
requirements.
2. A Telehealth
Service shall be performed on a secure telecommunications line or utilize a
method of encryption adequate to protect the confidentiality and integrity of
the Telehealth Service information in accordance with State and Federal laws,
rules, and regulations.
3. Both the
Originating (Member) Site and the Receiving (Provider) Site shall use
authentication and identification to ensure the confidentiality of a Telehealth
Service.
4. A Health Care Provider
shall implement confidentiality protocols that include, but are not limited to:
a. Identifying personnel who have access to a
telehealth transmission;
b. Usage
of unique passwords or identifiers for each employee or person with access to a
telehealth transmission; and
c.
Preventing unauthorized access to a telehealth transmission.
5. A Health Care Provider's
protocols and guidelines shall be available for inspection by the Department
upon request.
C. Except
as set forth herein, services may not be delivered through electronic
mail.
D. The Department will not
separately reimburse Health Care Providers for any charge related to the
purchase, installation, or maintenance of telehealth equipment or technology,
nor any transmission fees. Health Care Providers shall not bill Members for
such costs or fees.
4.06-2 Member Choice and Education
A. Before providing a
Telehealth Service to a Member, a Health Care Provider shall ensure and
document that the following information is provided to the Member or authorized
representative in a format and manner that the Member is able to understand:
1. A description of the Telehealth Service
and what to expect;
2. An
explanation that use of Telehealth Services is voluntary. The Member shall have
the option to refuse the Telehealth Services at any time without affecting the
right to future care or treatment and without risking the loss or withdrawal of
a MaineCare benefit to which the Member is entitled;
3. An explanation that MaineCare will pay for
the Member's transportation to MaineCare Covered Services pursuant to Section
113, Non-Emergency Transportation
Services, of the MBM;
4. An
explanation that the Member shall have access to all information resulting from
the Telehealth Service as provided by law;
5. The information contained in subparts C,
D, and E of this subsection.;
B. Prior to the provision of any Telehealth
Services, the Health Care Provider shall obtain the Member's written,
electronic, or verbal informed consent to receive services via Telehealth
Services, to Store-and-Forward Telehealth Services, Remote Consultation,
Virtual Check-In, or Telephone Evaluation and Management.
A copy of the informed consent shall be retained in the Member's medical record and provided to the Member or the Member's legally-authorized representative upon request.
C. Health Care Providers shall comply with
federal and Maine state laws and regulations regarding individual health care
data confidentiality when disseminating, storing, or retaining an identifiable
Member image or other information from a Telehealth Service;
D. At the onset of the Telehealth Service,
the Health Care Provider shall inform the Member of the persons present at the
Receiving (Provider) Site, and the Member shall have the right to exclude any
person from either site during the service; and
E. The Member shall have the right to object
to the audio and/or visual recording of a Telehealth Consultation.
4.06-3 Required Documentation
A. Providers must
maintain documentation at the Originating (Member) Site and the Receiving
(Provider) Site to substantiate the services provided. This requirement does
not apply when the Originating Site is the Member's residence.
B. Except as provided herein for
Store-and-Forward Telehealth, Remote Consultation, Virtual Check-Ins, and
Telephone Evaluation and Management, documentation must indicate the MaineCare
Covered Services that were rendered via Telehealth Services, the location of
the Originating (Member) Site, and the Receiving (Provider) Sites.
Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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