2022 Nevada Revised Statutes
Chapter 422 - Health Care Financing and Policy
NRS 422.2721 - State Plan for Medicaid: Inclusion of requirement for payment of certain costs for services provided through telehealth; inclusion of prohibition against certain practices related to such services. [Effective through 1 year after the date on which the Governor terminates the emergency described in the Declaration of Emergency for COVID-19 issued on March 12, 2020, if the Governor terminates that emergency before July 1, 2022, or June 29, 2023, if the Governor terminates that emergency on or after July 1, 2022.] State Plan for Medicaid: Inclusion of requirement for payment of certain costs for services provided through telehealth; inclusion of prohibition against certain practices related to such services. [Effective on the date 1 year after the date on which the Governor terminates the emergency described in the Declaration of Emergency for COVID-19 issued on March 12, 2020, and through June 30, 2023, only if the Governor terminates that emergency before July 1, 2022.] State Plan for Medicaid: Inclusion of requirement for payment of certain costs for services provided through telehealth; inclusion of prohibition against certain practices related to such services. [Effective July 1, 2023, only if the Governor terminates the emergency described in the Declaration of Emergency for COVID-19 issued on March 12, 2020, before July 1, 2022.] State Plan for Medicaid: Inclusion of requirement for payment of certain costs for services provided through telehealth; inclusion of prohibition against certain practices related to such services. [Effective June 30, 2023, only if the Governor terminates the emergency described in the Declaration of Emergency for COVID-19 issued on March 12, 2020, on or after July 1, 2022.]
1. The Director shall include in the State Plan for Medicaid:
(a) A requirement that the State, and, to the extent applicable, any of its political subdivisions, shall pay for the nonfederal share of expenses for services provided to a person through telehealth to the same extent and, except for services provided through audio-only interaction, in the same amount as though provided in person or by other means; and
(b) A provision prohibiting the State from:
(1) Requiring a person to obtain prior authorization that would not be required if a service were provided in person or through other means, establish a relationship with a provider of health care or provide any additional consent to or reason for obtaining services through telehealth as a condition to paying for services as described in paragraph (a). The State Plan for Medicaid may require prior authorization for a service provided through telehealth if such prior authorization would be required if the service were provided in person or through other means.
(2) Requiring a provider of health care to demonstrate that it is necessary to provide services to a person through telehealth or receive any additional type of certification or license to provide services through telehealth as a condition to paying for services as described in paragraph (a).
(3) Refusing to pay for services as described in paragraph (a) because of:
(I) The distant site from which a provider of health care provides services through telehealth or the originating site at which a person who is covered by the State Plan for Medicaid receives services through telehealth; or
(II) The technology used to provide the services.
(4) Requiring services to be provided through telehealth as a condition to paying for such services.
(5) Categorizing a service provided through telehealth differently for purposes relating to coverage or reimbursement than if the service had been provided in person or through other means.
2. The provisions of this section do not:
(a) Require the Director to include in the State Plan for Medicaid coverage of any service that the Director is not otherwise required by law to include; or
(b) Require the State or any political subdivision thereof to:
(1) Ensure that covered services are available to a recipient of Medicaid through telehealth at a particular originating site; or
(2) Provide coverage for a service that is not included in the State Plan for Medicaid or provided by a provider of health care that does not participate in Medicaid.
3. As used in this section:
(a) "Distant site" has the meaning ascribed to it in NRS 629.515.
(b) "Originating site" has the meaning ascribed to it in NRS 629.515.
(c) "Provider of health care" has the meaning ascribed to it in NRS 439.820.
(d) "Telehealth" has the meaning ascribed to it in NRS 629.515.
(Added to NRS by 2015, 630; A 2021, 3008)
1. The Director shall include in the State Plan for Medicaid:
(a) A requirement that the State, and, to the extent applicable, any of its political subdivisions, shall pay for the nonfederal share of expenses for services provided to a person through telehealth to the same extent and, for mental health services except when such services are provided through audio-only interaction, in the same amount as though provided in person or by other means; and
(b) A provision prohibiting the State from:
(1) Requiring a person to obtain prior authorization that would not be required if a service were provided in person or through other means, establish a relationship with a provider of health care or provide any additional consent to or reason for obtaining services through telehealth as a condition to paying for services as described in paragraph (a). The State Plan for Medicaid may require prior authorization for a service provided through telehealth if such prior authorization would be required if the service were provided in person or through other means.
(2) Requiring a provider of health care to demonstrate that it is necessary to provide services to a person through telehealth or receive any additional type of certification or license to provide services through telehealth as a condition to paying for services as described in paragraph (a).
(3) Refusing to pay for services as described in paragraph (a) because of:
(I) The distant site from which a provider of health care provides services through telehealth or the originating site at which a person who is covered by the State Plan for Medicaid receives services through telehealth; or
(II) The technology used to provide the services.
(4) Requiring services to be provided through telehealth as a condition to paying for such services.
(5) Categorizing a service provided through telehealth differently for purposes relating to coverage than if the service had been provided in person or through other means.
(6) Categorizing a mental health service provided through telehealth, other than through audio-only interaction, differently for purposes relating to reimbursement than if the service had been provided in person or by other means.
2. The provisions of this section do not:
(a) Require the Director to include in the State Plan for Medicaid coverage of any service that the Director is not otherwise required by law to include; or
(b) Require the State or any political subdivision thereof to:
(1) Ensure that covered services are available to a recipient of Medicaid through telehealth at a particular originating site; or
(2) Provide coverage for a service that is not included in the State Plan for Medicaid or provided by a provider of health care that does not participate in Medicaid.
3. As used in this section:
(a) "Distant site" has the meaning ascribed to it in NRS 629.515.
(b) "Originating site" has the meaning ascribed to it in NRS 629.515.
(c) "Provider of health care" has the meaning ascribed to it in NRS 439.820.
(d) "Telehealth" has the meaning ascribed to it in NRS 629.515.
(Added to NRS by 2015, 630; A 2021, 3008, 3009, effective on the date 1 year after the date on which the Governor terminates the emergency described in the Declaration of Emergency for COVID-19 issued on March 12, 2020, only if the Governor terminates that emergency before July 1, 2022)
1. The Director shall include in the State Plan for Medicaid:
(a) A requirement that the State, and, to the extent applicable, any of its political subdivisions, shall pay for the nonfederal share of expenses for services provided to a person through telehealth to the same extent as though provided in person or by other means; and
(b) A provision prohibiting the State from:
(1) Requiring a person to obtain prior authorization that would not be required if a service were provided in person or through other means, establish a relationship with a provider of health care or provide any additional consent to or reason for obtaining services through telehealth as a condition to paying for services as described in paragraph (a). The State Plan for Medicaid may require prior authorization for a service provided through telehealth if such prior authorization would be required if the service were provided in person or through other means.
(2) Requiring a provider of health care to demonstrate that it is necessary to provide services to a person through telehealth or receive any additional type of certification or license to provide services through telehealth as a condition to paying for services as described in paragraph (a).
(3) Refusing to pay for services as described in paragraph (a) because of:
(I) The distant site from which a provider of health care provides services through telehealth or the originating site at which a person who is covered by the State Plan for Medicaid receives services through telehealth; or
(II) The technology used to provide the services.
(4) Requiring services to be provided through telehealth as a condition to paying for such services.
(5) Categorizing a service provided through telehealth differently for purposes relating to coverage than if the service had been provided in person or through other means.
2. The provisions of this section do not:
(a) Require the Director to include in the State Plan for Medicaid coverage of any service that the Director is not otherwise required by law to include; or
(b) Require the State or any political subdivision thereof to:
(1) Ensure that covered services are available to a recipient of Medicaid through telehealth at a particular originating site; or
(2) Provide coverage for a service that is not included in the State Plan for Medicaid or provided by a provider of health care that does not participate in Medicaid.
3. As used in this section:
(a) "Distant site" has the meaning ascribed to it in NRS 629.515.
(b) "Originating site" has the meaning ascribed to it in NRS 629.515.
(c) "Provider of health care" has the meaning ascribed to it in NRS 439.820.
(d) "Telehealth" has the meaning ascribed to it in NRS 629.515.
(Added to NRS by 2015, 630; A 2021, 3008, 3009, 3010, effective July 1, 2023, only if the Governor terminates the emergency described in the Declaration of Emergency for COVID-19 issued on March 12, 2020, before July 1, 2022)
1. The Director shall include in the State Plan for Medicaid:
(a) A requirement that the State, and, to the extent applicable, any of its political subdivisions, shall pay for the nonfederal share of expenses for services provided to a person through telehealth to the same extent as though provided in person or by other means; and
(b) A provision prohibiting the State from:
(1) Requiring a person to obtain prior authorization that would not be required if a service were provided in person or through other means, establish a relationship with a provider of health care or provide any additional consent to or reason for obtaining services through telehealth as a condition to paying for services as described in paragraph (a). The State Plan for Medicaid may require prior authorization for a service provided through telehealth if such prior authorization would be required if the service were provided in person or through other means.
(2) Requiring a provider of health care to demonstrate that it is necessary to provide services to a person through telehealth or receive any additional type of certification or license to provide services through telehealth as a condition to paying for services as described in paragraph (a).
(3) Refusing to pay for services as described in paragraph (a) because of:
(I) The distant site from which a provider of health care provides services through telehealth or the originating site at which a person who is covered by the State Plan for Medicaid receives services through telehealth; or
(II) The technology used to provide the services.
(4) Requiring services to be provided through telehealth as a condition to paying for such services.
(5) Categorizing a service provided through telehealth differently for purposes relating to coverage than if the service had been provided in person or through other means.
2. The provisions of this section do not:
(a) Require the Director to include in the State Plan for Medicaid coverage of any service that the Director is not otherwise required by law to include; or
(b) Require the State or any political subdivision thereof to:
(1) Ensure that covered services are available to a recipient of Medicaid through telehealth at a particular originating site; or
(2) Provide coverage for a service that is not included in the State Plan for Medicaid or provided by a provider of health care that does not participate in Medicaid.
3. As used in this section:
(a) "Distant site" has the meaning ascribed to it in NRS 629.515.
(b) "Originating site" has the meaning ascribed to it in NRS 629.515.
(c) "Provider of health care" has the meaning ascribed to it in NRS 439.820.
(d) "Telehealth" has the meaning ascribed to it in NRS 629.515.
(Added to NRS by 2015, 630; A 2021, 3008, 3009, 3010, 3011, effective June 30, 2023, only if the Governor terminates the emergency described in the Declaration of Emergency for COVID-19 issued on March 12, 2020, on or after July 1, 2022)
