FOLIO

New Telemedicine Rules Take Effect

Sep 6, 2018 | by Flahive, Ogden & Latson

The Division of Workers’ Compensation’s new telemedicine rule took effect September 1, 2018. The rule aims to help expand the use of telemedicine – sometimes called ‘telehealth’ – in the state’s workers’ compensation system.

The Division has created a new telemedicine page on its website. In addition, the Division has published an FAQ page specifically devoted to telemedicine issues and questions.

Telemedicine – typically defined as a doctor or health care professional using computer or electronic video systems to examine a patient at another location – is already allowed in Texas. However, telemedicine within the workers’ compensation system has been limited by Medicare based reimbursement restrictions relating to “underserved” areas, which are typically rural regions with insufficient access to health care providers, and must be provided in a doctor’s office, hospital, or certain clinics.

The new DWC rule eliminates the Medicare based reimbursement restrictions that limit the use of telemedicine in workers’ compensation to these underserved areas. This will allow the use of telemedicine everywhere in Texas. The rule also eliminates the Medicare based requirement that the telemedicine service be provided in a doctor’s office, hospital, or certain clinic. Instead, an injured employee can be anywhere at the time they receive telemedicine services.

In 2017, the Texas Legislature passed a comprehensive bill addressing telemedicine in Texas, specifically removing certain limitations on its use. Martha Luevano, director of Medical Fee Dispute Resolution at DWC, reports that all other existing rules for telemedicine – such as those governing quality of service and documentation requirements – are still applicable.

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