SENATE BILL NO. 1135

A bill to amend 1939 PA 280, entitled

"The social welfare act,"

by amending section 105h (MCL 400.105h), as added by 2020 PA 101.

the people of the state of michigan enact:

Sec. 105h. (1) Beginning October 1, 2020, telemedicine services are covered under the medical assistance program and Healthy Michigan program if the originating site is an in-home or in-school setting, in addition to any other originating site allowed in the Medicaid provider manual or any established site considered appropriate by the provider. Beginning October 1, 2022, telemedicine services are also covered under the medical assistance program and Healthy Michigan program if those services are provided at, or contracted through, a distant site allowed in the Medicaid provider manual.

(2) The medical assistance program and Healthy Michigan program must include a comprehensive set of the programs' services and benefits as covered telemedicine services including, at a minimum, medical, dental, behavioral, and substance use disorder services.

(3) The medical assistance program and Healthy Michigan program must authorize as many types of healthcare distant providers as allowable by law to render telemedicine services.

(4) Telemedicine services are covered both when a distant provider's real-time interactions occur using an audio and video electronic media or when using an audio only electronic media. If using an audio only electronic media, the distant provider or organization must have rendered a previous in-person service or telemedicine service using audio and video to the patient, or must render telemedicine service using audio and video to the patient in the 12 months following the telemedicine service using audio-only electronic media.

(5) (2) The distant provider or organization is responsible for verifying a recipient's identification and program eligibility.

(6) (3) The distant provider or organization must ensure that the information is available to the primary care provider.

(7) The medical assistance program and Healthy Michigan program shall not do any of the following:

(a) Impose quantity or dollar amount maximums or limitations for services delivered using telemedicine that are more restrictive than those imposed on in-person services.

(b) Reimburse distant providers for telemedicine services at a lower rate than services rendered in person.

(c) Impose specific requirements or limitations on the technologies used to deliver telemedicine services, except that the technology be compliant with requirements of the health insurance portability and accountability act of 1996, Public Law 104-191.

(d) Impose additional certification, location, or training requirements on health care professionals who are distant providers as a condition of reimbursing the distant provider for telemedicine services.

(8) A telemedicine service is an allowable encounter for a federally qualified health center, rural health clinic, or tribal health center in the medical assistance program or Healthy Michigan program.

(9) Telemedicine services authorized under this section must be reimbursed by the medical assistance program and the Healthy Michigan program in, at least, the same amount as would be reimbursed if the service was provided in person.

(10) The department must seek any necessary waiver or state plan amendment from the United States Department of Health and Human Services to implement the provisions of this section.

(11) (4) As used in this section:

(a) "Distant site" means the location of the health care professional providing the service at the time the service is being furnished by a telecommunications system. Distant site may include the provider's office or any established site considered appropriate by the provider as long as the privacy of the recipient and security of the information shared during the telemedicine visit are maintained.

(b) (a) "Originating site" means the location of the eligible recipient at the time the service being furnished by a telecommunications system occurs.

(c) (b) "Telemedicine" means that term as defined in section 3476 of the insurance code of 1956, 1956 PA 218, MCL 500.3476.