14132.72.
(a) For purposes of this section, both of the following apply:(1) The definitions in subdivision (a) of Section 2290.5 of the Business and Professions Code.
(2) “Electronic consultation service,” or “e-consult service,” means an interprofessional health record assessment and management service initiated by a treating or requesting provider and delivered by a consultative provider, including a written report to the patient’s treating or requesting provider. An e-consult service ordinarily involves a treating or requesting provider sending information regarding the patient and a consultation request to a consultative provider, usually a specialist provider, who may then respond in any of a number of
ways, including providing requested feedback, asking for additional information, recommending certain studies or examinations, or initiating the scheduling of an appointment.
(b) It is the intent of the Legislature to recognize the practice of telehealth as a legitimate means by which an individual may receive health care services from a health care provider without in-person contact with the provider.
(c) In-person contact between a health care provider and a patient shall not be required under the Medi-Cal program for services appropriately provided through telehealth, subject to reimbursement policies adopted by the department to compensate a licensed health care provider who provides health care services through telehealth that are otherwise reimbursed pursuant to the Medi-Cal program. This section and the Telehealth Advancement Act of 2011 do not conflict with or supersede
former Section 14091.3 or any other existing state laws or regulations related to reimbursement for services provided by a noncontracted provider.
(d) The department shall not require a health care provider to document a barrier to an in-person visit for Medi-Cal coverage of services provided via telehealth.
(e) For the purposes of payment for covered treatment or services provided through telehealth, the department shall not limit the type of setting where services are provided for the patient or by the health care provider.
(f) (1) An e-consult service shall be reimbursable under the Medi-Cal program for an enrolled provider, as described in subdivision (h) of Section 14043.1, including a federally qualified health center or rural health clinic, as defined in subsection (aa) of Section 1395x
of Title 42 of the United States Code, and described in Section 14132.100, if a provider renders that service.
(2) The department shall seek any federal waivers and approvals necessary to implement this subdivision.
(3) This subdivision shall only be implemented to the extent that the department obtains necessary federal approval of federal matching funds.
(g) This section does not authorize the department to require the use of telehealth when the health care provider has determined that it is inappropriate.
(h) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret, and make specific this section by means of all-county letters, provider bulletins,
and similar instructions.