Ohio Admin. Code 5122-29-31 - Telehealth
(A) For purposes of
this chapter, telehealth means the use of, real-time audiovisual communications
of such quality as to permit accurate and meaningful interaction between at
least two persons, one of which is a certified provider of the service being
provided pursuant to Chapter 5122-25 of the Administrative Code. Asynchronous
modalities that do not have both audio and video elements are considered
telehealth.
(B) "Originating site"
means the site where a client is located at the time the service is
furnished.
(C) "Distant site" means
the site where the eligible provider is located at the time the service is
furnished.
(D) No initial in person
visit is necessary to initiate services using telehealth modalities. The
decision of whether or not to provide initial or occasional in-person sessions
shall be based upon client choice, appropriate clinical decision-making, and
professional responsibility, including the requirements of professional
licensing, registration or credentialing boards.
(E) The following are the services that may
be provided via telehealth:
(1) General
services as defined in rule
5122-29-03 of
the Administrative Code;
(2) CPST
service as defined in rule
5122-29-17
of the Administrative Code;
(3)
Therapeutic behavioral services and psychosocial rehabilitation service as
defined in rule
5122-29-18
of the Administrative Code;
(4)
Peer recovery services as defined in rule
5122-29-15
of the Administrative Code;
(5) SUD
case management service as defined in rule
5122-29-13
of the Administrative Code;
(6)
Crisis intervention service.as defined in rule
5122-29-10
of the Administrative Code;
(7)
Assertive community treatment service as defined in rule
5122-29-29
of the Administrative Code; and,
(8) Intensive home based treatment service as
defined in rule
5122-29-28
of the Administrative Code.
(9)
Mobile response and stabilization service as defined in
rule
5122-29-14 of the
Adminstrative Code.
(F) Individuals receiving residential and
withdrawal management substance use disorder services as defined in rule
5122-29-09
of the Administrative Code or mental health day treatment service as defined in
rule
5122-29-06
of the Administrative Code may receive any of the component services listed in
paragraph (E) of this rule through telehealth.
(G) Progress notes as defined in rule
5122-27-04 of the
Administrative Code must include documentation to reflect that the service was
provided by telehealth.
(H) The
provider must have a written policy and procedure describing how they ensure
that staff assisting clients with telehealth services or providing telehealth
services are adequately trained in equipment usage.
(I) Prior to providing services to a client
by telehealth, an eligible provider of the service to be provided as listed in
rule
5122-29-30
of the Administrative Code shall describe to the client the potential risks
associated with receiving telehealth services, telehealth and document that the
client was provided with the risks and agreed to assume those risks.
(J) The risks to be communicated to the
client pursuant to paragraph (H) of this rule must address at a minimum the
following:
(1) Clinical aspects of receiving
telehealth services;
(2) Security
considerations when receiving telehealth services; and,
(3) Confidentiality considerations when
receiving telehealth services.
(K) It is the responsibility of the provider
to assure contractually that any entity or individuals involved in the
transmission of the information guarantee that the confidentiality of the
information is protected. When the client chooses to receive services by
telehealth at a client site that is not arranged for by the provider, e.g., at
their home or that of a family or friend, the provider is not responsible for
any breach of confidentiality caused by individuals present at the client
site.
(L) Providers shall have a
contingency plan for providing services to clients when technical problems
occur during a telehealth session.
(M) Providers shall maintain, at a minimum,
the following local resource information. For purposes of this rule, local
means the area where the client indicates they reside and where they are
receiving services as indicated in paragraph (P) of this rule.
(1) The local suicide prevention hotline if
available or national suicide prevention hotline.
(2) Contact information for the local police
and fire departments.
The provider shall provide the client information on how to access assistance in a crisis, including one caused by equipment malfunction or failure.
(N) For
the purposes of meeting the requirements of paragraph (L) of this rule,
providers shall require that the client provide the street address and city
where they are receiving services prior to the first session utilizing
interactive videoconferencing and update the address whenever the client site
changes.
(O) It is the
responsibility of the provider to assure that equipment meets standards
sufficient to:
(1) Assure confidentiality of
communication;
(2) Provide for
interactive videoconferencing communication between the practitioner and the
client; and
(3) Assure
videoconferencing picture and/or audio are sufficient to assure real-time
interaction between the client and the provider and to assure the quality of
the service provided.
(P) All services provided by telehealth
shall:
(1) Begin with the verification of the
client through a name and password or personal identification number when
services are being provided with a client (s), and
(2) Be provided in accordance all state and
federal laws including the Health Insurance Portability and Accountability Act
of 1996 (HIPAA) and 42 C.F.R. part 2 (January 1, 2020).
(Q) Provider must have a physical location in
Ohio or have access to a physical location in Ohio where individuals may opt to
receive in person services rather than telehealth services.
Notes
Promulgated Under: 119.03
Statutory Authority: 5119.36
Rule Amplifies: 5119.36
Prior Effective Dates: 04/04/2011, 01/01/2018, 03/20/2020 (Emer.), 07/16/2020 (Emer.), 11/21/2020
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