Telemedicine rulemaking issued for Medicaid in school-based setting

Posted on: 7/12/19


The Oklahoma Health Care Authority (OHCA) has issued emergency rulemaking for the implementation of SB 575 regarding telemedicine provided in a school-based setting. SB 575 passed in the 2019 legislative session.

The new, proposed language for OAC 317:30-3-27, Telehealth (WF 19-08), is available here. The proposed emergency rules to implement SB 575 were first posted in June. On July 2, OHA, the Oklahoma State Department of Education and other stakeholders met with the OHCA regarding the published proposed rules. As a result of that meeting, a new version has been published to address initial concerns of blending the medical services and services provided through an Individualized Education Program for SoonerCare members.  

The previously published version of OAC 317:30-3-27, Telehealth (WF 19-08), has been pulled from the agenda for the July 18 OHCA Medical Advisory Committee (MAC) meeting. Any new language will have to be publicly posted and then presented to the MAC and the Oklahoma Health Care Authority board. Please review the language and provide OHA with any feedback no later than close of business on Tuesday, July 23. Comments should be sent to sharrison@okoha.com, who will aggregate and send them to OHCA to be finalized in the proposed rules.

As additional background, SB 575 (Allen/Randleman), School-Based Telemedicine, modifies the statute for parental consent for the treatment of minors to allow for written consent for a telemedicine encounter, thereby removing a barrier for implementation of school-based telemedicine requiring the parent to be present during the visit. The statute became effective July 1, 2019, but rulemaking is the next step in implementation.

Lastly, the OHCA is drafting a State Plan Amendment (SPA) on telehealth that is broader than the school-based telemedicine services. The SPA is separate from the rulemaking, but will use some of the same language for its submission. OHA has requested changes to the SPA to comport with the rulemaking changes. Once a new SPA is available on telehealth, OHA will publish it in Hotline. (Sandra Harrison)

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