The state of Louisiana definitely recognizes how telemedicine is able to provide healthcare services to more patients at a lower cost. Read on for our comprehensive guide to Louisiana state telehealth policy!
Louisiana is on the road to better telemedicine access with the passage of the Louisiana Telehealth Access Act in 2014.
Live video telemedicine is covered for distant site providers enrolled in Louisiana Medicaid. There is no reimbursement for the originating site. Activity and sensor monitoring, health status monitoring and medication dispensing and monitoring are forms of remote patient monitoring that are covered by Louisiana Medicaid. There is no reference to store-and-forward.
As many of you are aware, the State of Louisiana is working diligently to keep all citizens safe regarding the Coronavirus (COVID-19). The Louisiana State Board of Medical Examiners has received several queries from allied health care providers it licenses regarding telehealth. Please note the “Louisiana Telehealth Act,” La. R.S. 40:1223.1 through 40:1223.5 for reference (see Telehealth Act link on first page of www.lsbme.la.gov).
While the Board does not currently have established telehealth rules, the following Board licensees are considered health care providers under the telehealth law: physician assistant, offshore health service provider, licensed midwife, podiatrist, occupational therapist, certified or licensed athletic trainer, medical psychologist, licensed perfusionist, licensed respiratory therapist, licensed radiologic technologist, or licensed clinical laboratory scientist.
Thus, these practitioners should comply with the following guidelines when determining the appropriateness of telehealth and when using the platform of telehealth for their respective practices:
1. The above referenced allied health care providers must be licensed in Louisiana in order to provide telehealth to a patient in Louisiana.
2. Patient confidentiality is required for telehealth law compliance. Presently, the Federal Government has issued temporary guidance regarding HIPAA compliance. Please see: https://www.hhs.gov/hipaa/for-professionals/special-topics/emergency-preparedness/notification-enforcement-discretion-telehealth/index.html.
3. When practicing pursuant to your license, using telehealth, the same standard of care applies as if the healthcare services were provided in person. More plainly stated: If the treatment of the patient via telehealth satisfies the USUAL standard of practice as those in a face-to-face session then, then the practitioner would comply with the current laws for telehealth and the practitioner’s respective practice act.
4. In their client documentation, the health care provider using telehealth must state that the mode of treatment intervention was conducted via telehealth.
5. It is recommended that the health care provider using telehealth check with the client’s insurance carrier prior to utilizing telehealth intervention/evaluation, in order to determine reimbursement, although presently carriers may also be more flexible with regard to the use of telehealth during this public health emergency, please check.
6. As always, the health care providers as defined by the Louisiana Telehealth Act must also comply with all of the provisions of their individual practice act, including any referral requirements. A copy of each of the above referenced licensees’ practice acts and rules are located on this website under the “Laws” and “Rules” tabs, respectively.
7. To be sure you are acting in compliance with the telehealth law, please review La. R.S. 40:1223.1 through 1223.5 (see Telehealth Act on first page of www.lsbme.la.gov).