1. (1) As used in this section:

   1. (a) "Telehealth services" means the same as that term is defined in Section 26B-4-704.
   2. (b) "Telemedicine services" means the same as that term is defined in Section 26B-4-704.

   3. (c) "Telepsychiatric consultation" means a consultation between a physician or physician assistant and a board certified psychiatrist, both of whom are licensed to engage in the practice of medicine or physician assistant services in the state, that utilizes:

      1. (i) the health records of the patient, provided from the patient or the referring physician or physician assistant;
      2. (ii) a written, evidence-based patient questionnaire; and

      3. (iii) telehealth services that meet industry security and privacy standards, including compliance with the:

         1. (A) Health Insurance Portability and Accountability Act; and
         2. (B) Health Information Technology for Economic and Clinical Health Act, Pub. L. No. 111-5, 123 Stat. 226, 467, as amended.

2. (2) This section applies to:

   1. (a) a managed care organization that contracts with the Medicaid program; and
   2. (b) a provider who is reimbursed for health care services under the Medicaid program.
3. (3) The Medicaid program shall reimburse for telemedicine services at the same rate that the Medicaid program reimburses for other health care services.
4. (4) The Medicaid program shall reimburse for audio-only telehealth services as specified by division rule.
5. (5) The Medicaid program shall reimburse for telepsychiatric consultations at a rate set by the Medicaid program.

Amended by Chapter 113, 2024 General Session