Ohio Admin. Code 4734-8-10 - Telehealth
(A)
In accordance with division (A)(6) of section 4743.09
of the Revised Code, telehealth services means health care services provided
through the use of information and communication technology by a health care
professional, within the professional's scope of practice, who is located at a
site other than the site where either of the following is located:
(1)
The patient
receiving the services;
(2)
Another health care professional with whom the provider
of their services is consulting regarding the patient.
(B)
A
health care provider may use synchronous or asynchronous technology to provide
telehealth services to a patient if the appropriate standard of care is
satisfied.
(1)
"Synchronous communication technology" means audio and/or
video technology that permits two-way, interactive, real-time electronic
communication between the health care professional and the patient or between
the health care professional and the consulting health care professional
regarding the patient.
(2)
"Asynchronous communication technology" also called
store and forward technology, has the same meaning as asynchronous store and
forward technologies as that term is defined in
42 C.F.R.
410.78 (effective January 1,
2022).
(C)
In accordance with division(A)(3)(g) of section 4743.09
of the Revised Code, a chiropractor licensed under Chapter 4734 of the Revised
Code is a health care professional and may provide telehealth
services.
(D)
Unlicensed personnel are not defined as health care
professionals under section
4734.09 of the Revised Code. A
licensee shall not delegate telehealth services to unlicensed
personnel.
(E)
Provided that the standard of care for an in-person
visit can be met for the patient and the patient's medical condition through
the use of the technology selected, each licensee that performs telehealth
services must comply with the provisions outlined in Chapter 4734 of the
Revised Code and Chapter 4734 of the Administrative Code. The following
provisions additionally apply to telehealth services:
(1)
The licensee
providing telehealth services must have an active Ohio license to practice
chiropractic in the state of Ohio.
(2)
The licensee must
communicate their first and last name and ensure the patient understands their
licensure status as a chiropractor prior to rendering telehealth services to
the patient.
(3)
The patient receiving telehealth services must be
located within the state of Ohio. The licensee must verify the identity and
physical location of the patient at the beginning of each telehealth
visit.
(4)
Consent to receive telehealth services must be
documented in the medical record or signed authorization of the patient or, if
applicable, the patient's parent, guardian, or person designated under the
patient's health care power of attorney.
(5)
The standard of
care for a telehealth visit is the same as the standard of care for an
in-person visit. If a licensee determines at any time during the provision of
telehealth services that a telehealth visit will not meet the standard of care
for the medical condition of the patient, or if additional in-person care is
necessary, the licensee must schedule the patient for an in-person visit and
conduct that visit within an amount of time that is appropriate for the patient
and condition presented. If the patient needs emergency care, the licensee must
help the patient identify the closest emergency room.
(6)
A licensee must
provide telehealth services in a manner that complies with all requirements
under state and federal law regarding the protection of patient information.
The licensee must ensure that any user name or password information and any
electronic communication between the licensee and the patient is securely
transmitted and stored. Photographs or video images that are visualized by a
telecommunications system must be both specific to the patient's medical
condition and sufficient for furnishing or confirming a diagnosis and/ or a
treatment plan.
(7)
In accordance with section
3902.30 of the Revised Code, a
licensee may not charge a patient or a health plan insurer covering telehealth
services a facility fee, an origination fee, or any fee associated with the
cost of the equipment used at the provider site to provide telehealth
services.
(8)
A licensee providing telehealth services may charge a
health plan issuer for durable medical equipment used at the patient
site.
(9)
A licensee may negotiate with a health plan issuer to
establish a reimbursement rate for fees associated with the administrative
costs incurred providing telehealth services so long as a patient is not
responsible for any portion of the fee.
(10)
The licensee
providing telehealth services must obtain the patient's consent before billing
for the cost of providing the services, but the requirement to do so only
applies once.
(11)
A licensee may deny a patient telehealth services and
require the patient to undergo an in-person visit.
(F)
Nothing in this
rule will prohibit an individual who is licensed as a chiropractor in a state
other than Ohio from performing telehealth services for patients outside of
Ohio if such telehealth services are permitted by:
(1)
The laws of the
state in which the individual has been authorized to practice chiropractic
and,
(2)
The location where the patient is
located.
Notes
Promulgated Under: 119.03
Statutory Authority: 4734.10
Rule Amplifies: 4743.09, 4734.10
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