Will New Hampshire Offer Medicaid Telehealth Coverage?

Foley & Lardner LLP

A lonely sentence at the end of New Hampshire’s new telemedicine law could mean the Granite State will join 48 other states in offering Medicaid FFS coverage of telehealth services.

Interestingly, the very end of the Act includes this sentence: “Medicaid coverage for telehealth services shall comply with the provisions of 42 C.F.R. section 410.78 and RSA 167:4-d.” Currently, telehealth services in New Hampshire are covered only under select Medicaid managed care plans.

The sentence suggests New Hampshire Medicaid will cover the Act’s telehealth services upon the review and approval of a state plan amendment by the Centers for Medicare and Medicaid Services. Is it placeholder language? Is there a draft state plan amendment in the works incorporating telehealth services?

If so, that would be good news for New Hampshire providers and Medicaid recipients alike. The actual coverage could be limited if the state plan amendment ultimately defers to the same standards as Medicare coverage for telehealth services under federal regulations (as the Act seems to suggest).

But any change would be an opportunity for telemedicine providers (see Six Ways to Take Advantage of New Hampshire’s New Telemedicine Law), as New Hampshire and Massachusetts are the only states with no Medicaid FFS coverage of telehealth services.

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