Resources

Client Alerts, News Articles, Blog Posts, & Multimedia

Everything you need to know about BMD and the industry.

ODM and OhioMHAS Continue to Expand Telehealth

Client Alert
July 20, 2020

On July 17, 2020, Governor DeWine signed Executive Order 2020-29D, which allowed the Ohio Department of Medicaid (“ODM”) to immediately rescind old provisions and file a new rule (5160-1-18) and the Ohio Department of Mental Health and Addiction Services (“OhioMHAS”) to amend their current rule (5122-29-31), both expanding telehealth and introducing even more flexibility into Ohio’s healthcare system. 

Both rules will expire on November 14, 2020, unless adopted through the normal JCARR process. This is a significant move for ODM as they were previously operating off of a newly added emergency rule (“Telehealth During a State of Emergency”), but the department is now transitioning these expanded telehealth rules directly into their rule that existed prior to the public health emergency. 

In general, if a service does not have some type of in-person requirement (surgery, procedure, test etc.), then it most likely is appropriate to conduct via telehealth. 

ODM – 5160-1-18 

  • Telehealth can either be:
    • Synchronous, interactive, real-time electronic communications using both audio and video; or
    • Asynchronous activities that do not have both audio and video (calls, emails, images through fax) 
  • Patient site and practitioner site – the physical location of each at the time of service 
  • Eligible Providers:
    • Physician
    • Psychologist
    • Physician assistant
    • Certified nurse specialist, certified nurse-midwife, certified nurse practitioner
    • LISW, LIMFT, LPCC
    • LICDC
    • Supervised practitioners and supervised trainees
    • Audiologist, speech-language pathologist, speech-language pathology aids, and audiology aids
    • Occupational and physical therapist and occupation and physical therapist assistants
    • Home health and hospice aids
    • Private duty registered nurse or licensed practical nurse in a home health or hospice setting
    • Dentists
    • Dietitians
    • Behavioral health practitioners 
  • Provider types eligible to bill for services rendered through Telehealth:
    • Any practitioner
    • Professional medical group
    • Professional dental group
    • FQHC/RHC
    • Ambulatory health care clinics
    • Outpatient hospitals
    • Private duty nurses
    • Home health and hospice agencies
    • Behavioral health providers 
  • Requirements:
    • Must comply with current HIPAA guidance from Office of Civil Rights
    • Practitioner site responsible for maintaining appropriate documentation
    • Patient and practitioner sites should be consistent with CPT and HCPCS guidelines for the service being provided 
  • Payment may be made for all of the following services in the appendix here. 
  • Claims should be submitted in accordance with Telehealth billing guidance and those detailed provisions in subparagraph (E) of this new rule 

OhioMHAS – 5122-29-31

Telehealth means real-time audiovisual communications with quality to permit accurate and meaningful interactions and includes asynchronous modalities that do not have both audio and video elements 

  • Originating site (client) and distant site (provider) are where each are located at the time of service 
  • No initial in person visit is necessary to initiate services using telehealth 
  • Prior to initiating services, a provider must inform the patients of potential risks of telehealth and document that patient understood and agrees to those risks (clinical aspects, security considerations and confidentiality considerations) 
  • Services:
    • General services
    • CPST
    • Therapeutic behavioral services and psychosocial rehabilitation
    • Peer recovery
    • SUD case management
    • Crisis intervention
    • ACT
    • IHBT 
  • Provider must have a physical location in Ohio or have access to a physical location in Ohio where individuals may opt to receive services that are being provided by telehealth modalities 

Please contact a BMD healthcare attorney if you have any questions regarding these telehealth rules, any telehealth questions in general, or any other healthcare questions.

Governor Mike DeWineOhio Department of MedicaidtelehealthCOVID-19Ohio Department of Mental Health and Addiction ServicescoronavirusExecutive Order
Client Alert

Enhancing Privacy Protections for Substance Use Disorder Patient Records

February 16, 2024On February 8, 2024, the U.S. Department of Health and Human Services (“HHS”) finalized updated rules to 42 CFR Part 2 (“Part 2”) for the protection of Substance Use Disorder (“SUD”) patient records. The updated rules reflect the requirement that the Part 2 rules be more closely aligned with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) privacy, breach notification, and enforcement rules as mandated by the Coronavirus Aid, Relief, and Economic Security Act of 2020.Client Alert

Columbus, Ohio Ordinance Prohibits Employers from Inquiries into an Applicant’s Salary History

January 30, 2024Effective March 1, 2024, Columbus employers are prohibited from inquiring into an applicant’s salary history. Specifically, the ordinance provides that it is an unlawful discriminatory practice to:Client Alert

The Ohio Chemical Dependency Professionals Board’s Latest Batch of Rules: What Providers Should Know

January 26, 2024The Ohio Chemical Dependency Professionals Board has introduced new rules and amendments, covering various aspects such as CDCA certificate requirements, expanded services for LCDCs and CDCAs, remote supervision, and reciprocity application requirements. Notable changes include revised criteria for obtaining a CDCA certification, expanded services for LCDCs and CDCAs, and updated ethical obligations for licensees and certificate holders, including non-discrimination, confidentiality, and anti-sexual harassment measures.Client Alert

Governor Mike DeWine and The Ohio State University Introduce the SOAR Study on Ohio Mental Illness

January 22, 2024On January 19, Ohio Gov. Mike DeWine and The Ohio State University announced a new research initiative, the State of Ohio Adversity and Resilience (“SOAR”) study, which will investigate all factors influencing Ohio’s mental illness and addiction epidemic.Client Alert

CHANGING TIDES: Summary and Effects of Burnett et. al. v. National Ass’n of Realtors, et. al.

January 17, 2024In April 2019, a class-action Complaint was filed in federal court for the Western District Court for Missouri arguing that the traditional payment agreements employed by many across the United States amounted to conspiracy resulting in the artificial increase in brokerage commissions. Plaintiffs, a class-action group comprised of sellers, argued that they paid excessive brokerage commissions upon the sale of their home as a result of the customary payment structure where Sellers agree to pay the full commission on the sale of their property, with Seller’s agent notating the portion of commission they are willing to pay to a Buyer’s agent at closing on the MLS or other similar system.
Older posts
Newer posts