Md. Code Regs. 10.09.49.04

Current through Register Vol. 51, No. 25, December 13, 2024

Section 10.09.49.04 - Provider Conditions for Participation

A. To render or bill for services delivered via telehealth, the provider shall meet the requirements as set forth in:

(1) Except when the originating site is not a Medicaid payable provider, be enrolled as a Medical Assistance Program provider on the date of the service is rendered;

(2) Except when the originating site is not a Medicaid payable provider, meet the requirements for participation in the Medical Assistance Program as set forth in:

(1) COMAR 10.09.36.02;

(2) COMAR 10.09.36.03; and

(3) The COMAR chapter defining the covered service being rendered;

(3) The COMAR chapter defining the covered service being rendered.

B. The provider shall obtain the participant's consent to services via telehealth, unless there is an emergency that prevents obtaining consent, which shall be documented in the participant's medical record.

C. Medical Record Documentation. The provider shall:

(1) Maintain documentation in the same manner as during an in-person visit, using either electronic or paper medical records;

(2) Retain telehealth records according to the provisions of Health-General Article, §4-403, Annotated Code of Maryland; and

(3) Include the participant's consent to participate in telehealth or an explanation as to why consent was not available.

D. An originating site may be any secure location, approved by the participant and the provider, for the delivery of telehealth services.

E. Distant Site Providers may render services via telehealth within the provider's scope of practice.

Md. Code Regs. 10.09.49.04

Regulation .04D amended effective December 22, 2014 (41:25 Md. R. 1479)
Regulation .04 amended effective 42:21 Md. R. 1300, eff.10/26/2015; amended effective 43:21 Md. R. 1166, eff. 10/24/2016; amended effective 44:21 Md. R. 983, eff. 10/23/2017; amended and recodified from .05 effective 46:20 Md. R. 843, eff. 10/7/2019; amended and recodified from .06 effective 50:14 Md. R. 593, eff. 7/24/2023