Mid-Atlantic Health Law TOPICS

1. The Maryland Secretary of Health has proposed regulations clarifying Maryland Medical Assistance coverage for telehealth services when provided by podiatrists, physical therapists, and Early and Periodic Screening, Diagnosis and Treatment (EPSDT) providers. Regulations were also proposed to clarify that home health providers and Home and Community Based Options Waiver providers must perform services in-person unless the Maryland Department of Health (MDH) expressly authorizes telehealth services and the patient’s plan of care allows for services to be delivered via telehealth. Finally, regulations were proposed to regulate telehealth services provided by chiropractors and massage therapists. None of these regulations have been finalized currently.
    
2. In January 2023, MDH issued an emergency regulation establishing the Maryland Mental Health and Substance Use Disorder Registry and Referral System. The emergency regulation requires hospitals and other facilities as designated by MDH to report their current bed availability and census at least three times a day to MDH. Facilities are also required to refer an individual who may require additional care coordination for behavioral health services to a phone number or website to access the bed registry and referral system. This referral is required within 48 hours of the patient arriving at the facility. Optum, a company that processes behavioral health Medicaid claims in Maryland, issued a provider alert informing hospitals that they can satisfy this requirement by referring patients to the 211 Behavioral Health Care Coordination Program. The emergency regulation is effective through July 26, 2023, and is expected to be followed by permanent regulations.

Darci M. Smith
410-576-4153 • dsmith@gfrlaw.com