Montana

Disclaimer

PLEASE NOTE: CCHP is providing the following for informational purposes only. We are not providing legal advice or interpretation of the laws and regulations and policies. CCHP encourages you to check with the appropriate state agency for further information and direction. This information should not be construed as legal counsel. Consult with an attorney if you are seeking a legal opinion.

At A Glance
1 / 4

MEDICAID REIMBURSEMENT

  • Live Video: Yes
  • Store-and-Forward: Yes
  • Remote Patient Monitoring: No
  • Audio Only: Yes

PRIVATE PAYER LAW

  • Law Exists: Yes
  • Payment Parity: No

PROFESSIONAL REQUIREMENTS

  • Licensure Compacts: ASLP, CC, IMLC, NLC, OT, PTC
  • Consent Requirements: Yes

STATE RESOURCES

  1. Medicaid Program: Montana Healthcare Program
  2. Administrator: Montana Dept. of Public Health and Human Services
  3. Regional Telehealth Resource Center: Northwest Regional Telehealth Resource Center
Disclaimer

PLEASE NOTE: CCHP is providing the following for informational purposes only. We are not providing legal advice or interpretation of the laws and regulations and policies. CCHP encourages you to check with the appropriate state agency for further information and direction. This information should not be construed as legal counsel. Consult with an attorney if you are seeking a legal opinion.

Last updated 06/03/2024

Definitions

“Telehealth” means the use of audio, video, or other telecommunications technology or media, including audio-only communication, that is:

  • Used by a health care provider or health care facility to deliver health care services; and
  • delivered over a secure connection that complies with state and federal privacy laws.

The term does not include delivery of health care services by means of facsimile machines or electronic messaging alone. The use of facsimile and electronic message is not precluded if used in conjunction with other audio, video, or telecommunications technology or media.

For physicians providing written certification of a debilitating medical condition pursuant to 50-46-310, the term does not include audio-only communication unless the physician has previously established a physician-patient relationship through an in-person encounter.

SOURCE: MT Code Annotated Sec. 33-22-138(6)(d), (Accessed Jun. 2024).

Last updated 06/03/2024

Parity

SERVICE PARITY

Private payers are required to provide coverage for services delivered through telehealth if the services are otherwise covered by the policy, certificate, contract, or agreement.

Coverage must be equivalent to the coverage for services that are provided in-person by a health care provider or health care facility.

SOURCE: MT Code Sec. 33-22-138, (Accessed Jun. 2024).


PAYMENT PARITY

No explicit payment parity.

Last updated 06/03/2024

Requirements

Each group or individual policy, certificate of disability insurance, subscriber contract, membership contract, or health care services agreement that provides coverage for health care services must provide coverage for health care services provided by a health care provider or health care facility by means of telehealth if services are otherwise covered by the policy, certificate, contract, or agreement.

Coverage under this section must be equivalent to the coverage for services that are provided in person by a health care provider or health care facility.

Eligible providers under the parity law include:

  • Physicians
  • Physician Assistants
  • Podiatrists
  • Pharmacists
  • Optometrists
  • Physical Therapists
  • Occupational Therapists
  • Speech-language Pathologists and Audiologists
  • Psychologists
  • Social Workers
  • Licensed Professional Counselors
  • Nutritionists
  • Addiction Counselors
  • Registered professional nurse
  • Naturopathic physician (Effective Jan. 1, 2022)
  • Advanced practice registered nurse
  • Genetic counselor certified by the American board of genetic counseling
  • Diabetes educator certified by the national certification board for diabetes
  • Dentists & Dental Hygienists

Eligible facilities under this law include:

  • Critical access hospital
  • Hospice
  • Hospital
  • Long-term care facility
  • Mental health center
  • Outpatient center for primary care
  • Outpatient center for surgical services

Each group or individual policy, certificate of disability insurance, subscriber contract, membership contract, or health care services agreement that provides coverage for health care services must provide coverage for health care services provided by a health care provider or health care facility by means of telehealth if the services are otherwise covered by the policy, certificate, contract, or agreement.

A policy, certificate, contract, or agreement may not:

  • impose restrictions involving:
    • the site at which the patient is physically located and receiving health care services by means of telehealth; or
    • the site at which the health care provider is physically located and providing the services by means of telehealth; or
  • distinguish between telehealth services provided to patients in rural locations and telehealth services provided to patients in urban locations.

Coverage under this section must be equivalent to the coverage for services that are provided in person by a health care provider or health care facility.

Nothing in this section may be construed to require:

  • a health insurance issuer to provide coverage for services that are not medically necessary, subject to the terms and conditions of the insured’s policy;
  • coverage of an otherwise noncovered benefit;
  • a health care provider to be physically present with a patient at the site where the patient is located unless the health care provider who is providing health care services by means of telehealth determines that the presence of a health care provider is necessary; or
  • except as provided in 16-12-509 or as provided in Title 37 and related administrative rules, a patient to have a previously established patient-provider relationship with a specific health care provider in order to receive health care services by means of telehealth.

Coverage under this section may be subject to deductibles, coinsurance, and copayment provisions. Special deductible, coinsurance, copayment, or other limitations that are not generally applicable to other medical services covered under the plan may not be imposed on the coverage for services provided by means of telehealth.

This section does not apply to disability income, hospital indemnity, medicare supplement, specified disease, or long-term care policies.

The commissioner may adopt rules necessary to implement the provisions of this section.

SOURCE: MT Code Sec. 33-22-138, (Accessed Jun. 2024).

Last updated 06/03/2024

Definitions

“Telehealth” means the use of telecommunications and information technology to provide access to health assessment, diagnosis, intervention, consultation, supervision, and information across distance, including but not limited to the use of secure portal messaging, secure instant messaging, audiovisual communications, and audio-only communications.

The term includes both clinical and nonclinical services.

SOURCE: MT Code Annotated Sec. 53-6-155, (Accessed Jun. 2024).

Telemedicine is the use of interactive audio-video equipment to link practitioners and patients located at different sites.

SOURCE: MT Dept. of Public Health and Human Svcs., Medicaid and Medical Assistance Programs Manual, General Information for Providers, Telemedicine (Feb. 2020). (Accessed Jun. 2024).

Healthy Montana Kids

Telehealth – The Use of a secure interactive audio and video, or other telecommunications technology by a healthcare Provider to deliver healthcare services at a site other than the site where the patient is located. Does not include audio only (phone call), e-mail, and/or facsimile transmission.

SOURCE: MT Children’s health Insurance Plan, Healthy Montana Kids (HMK). Evidence of Coverage (Jan. 2023), p. 10. (Accessed Jun. 2024).

Last updated 06/03/2024

Email, Phone & Fax

All Montana Medicaid covered services delivered via telemedicine/telehealth are reimbursable if the services:

  • Are medically necessary and clinically appropriate for delivery via telemedicine/telehealth;
  • Follow the guidelines set forth in the applicable Montana Healthcare Programs provider manual; and
  • Are not a service specifically required to be face-to-face as defined in the applicable Montana Healthcare Programs provider manual.

There are no specific requirements for technologies used to deliver services via telemedicine/telehealth and can be provided using secure portal messaging, secure instant messaging, telephone conversations, and audio-visual conversations.

Rates of payment for services delivered via telemedicine/telehealth will be the same as rates of payment for services delivered via traditional (e.g., in-person) methods set forth in the applicable regulations. Please refer to the fee schedules posted on the Provider Information website for current rates.

SOURCE:  MT Medicaid, All Provider Notice, Coverage and Reimbursement for Telemedicine/Telehealth Services, Mar. 21, 2023, (Accessed Jun. 2024).

Despite the above more recent guidance, the General Information for Providers Telemedicine Manual still seems to restrict audio-only coverage:

Telemedicine reimbursement does not include:

  • Consultation by telephone
  • Facsimile machine transmissions
  • Crisis hotlines

SOURCE: MT Dept. of Public Health and Human Svcs., Medicaid and Medical Assistance Programs Manual, General Information for Providers, Telemedicine (Feb. 2020). (Accessed Jun. 2024).

Medicaid does not cover services that are not direct patient care such as the following:

  • Telephone services in home

SOURCE: MT Dept. of Public Health and Human Svcs., Medicaid and Medical Assistance Programs Manual, Physician Related Svcs., Telemedicine (Feb. 2020) & Critical Access Hospital, Covered Services, 3/18/20, (Accessed Jun. 2024).

Telehealth services may be provided using secure portal messaging, secure instant messaging, telephone communication, or audiovisual communication.

SOURCE: Montana Code Annotated 53-6-122 (Accessed Jun. 2024)

Children’s Mental Health Bureau

A Peer-to-Peer Review is a telephonic review between an advocating clinician, chosen by either the parents/legal representative or the authorized representative, and the physician reviewer who rendered the adverse determination.

  • The Peer-to-Peer Review is based upon the original clinical documentation and may consider clarification or updates.
  • The Peer-to-Peer Review must be:
    • Requested within 10 business days of the adverse determination date; and
    • Scheduled by the physician reviewer within five business days of the request.

SOURCE: MT Dep. of Public Heath and Human Services, Children’s Mental Health Bureau Medicaid Services, Provider Manual, May 12, 2023,  pg. 60, (Accessed Jun. 2024).

Tribal Health Improvement Manual (T-HIP)

Tier 1 Activities:

  • Telephone calls and in-person visits to check on member progress and status

SOURCE: MT Dep. of Public Heath and Human Services, Tribal Health Improvement Manual (T-HIP), Provider Manual, 4/12/22,  (Accessed Jun. 2024).

Mental Health Centers and Therapeutic Group Homes – Children’s Mental Health Services

With the finalization of the rulemaking MAR 37-1031, the following face-to-face flexibilities were made permanent effective May 12, 2023:

  • Comprehensive School and Community Treatment (CSCT)
    • Face-to-face service delivery is preferred. Telehealth may be substituted if clinically indicated or if the youth does not have access to face-to-face services. Case notes must include reason, including documentation of attempts to identify local supports, if related to access.
  • Community Based Psychiatric Rehabilitation Services (CBPRS)
    • Face-to-face service delivery is preferred. Telehealth may be substituted if clinically indicated or if the youth does not have access to face-to-face services. Case notes must include reason, including documentation of attempts to identify local supports, if related to access
  • Home Support Services (HSS)
    • Maintain minimum weekly units at 8, allow up to 4 of the 8 units to be telehealth service delivery.
    • Maintain bi-weekly clinical lead requirements, allow up to 1 telehealth meeting per month.
    • Face-to-face services delivery is preferred. Telehealth may be substituted if clinically indicated or if the youth does not have access to face-to-face services. Case notes must include reason, including documentation of attempts to identify local supports, if related to access.
  • Therapeutic Foster Care
    • Maintain 2 scheduled treatment sessions in each four-week period, allow for 1 visit in the four week period to be telehealth delivery.
    • Face-to-face service delivery is preferred. Telehealth may be substituted if clinically indicated or if the youth does not have access to face-to-face services. Case notes must include reason, including documentation of attempts to identify local supports, if related to access.
  • Targeted Case Management – Youth with Serious Emotional Disturbance
    • No permanent updates; pre-PHE Administrative Rules of Montana apply

There are no specific requirements for technologies used to deliver services via telemedicine/telehealth and it can be provided using secure portal messaging, secure instant messaging, telephone conversations, and audio-visual conversations.

SOURCE:  Montana Healthcare Programs Provider Notice, Telehealth Policy Clarification for Children’s Mental Health Services, Effective May 12, 2023, Revised April 2, 2024. (Accessed Jun. 2024).

Last updated 06/03/2024

Live Video

POLICY

Providers enrolled in the Medicaid program may provide medically necessary services by means of telehealth if the service:

  • is clinically appropriate for delivery by telehealth as specified by the department by rule or policy;
  • comports with the guidelines of the applicable Medicaid provider manual; and
  • is not specifically required in the applicable provider manual to be provided in a face-to-face manner

Telehealth services must be provided at same rate as services delivered in person.

Department directed to adopt rules for the provision of telehealth (see statute for further details).

SOURCE: MCA 53-6-122 (Accessed Jun. 2024).

MT Medicaid reimburses for medically necessary telemedicine services to eligible members.  Providers must be enrolled as Montana Healthcare Programs providers and be licensed in the state of Montana.

Telemedicine should not be selected when face-to-face services are medically necessary. Members should establish relationships with primary care providers who are available on a face-to-face basis.

The originating and distant providers may not be within the same facility or community. The same provider may not be the “pay to” for both the originating and distance provider.

SOURCE: MT Dept. of Public Health and Human Svcs, Medicaid and Medical Assistance Programs Manual, General Information for Providers, Telemedicine (Feb. 2020). (Accessed Jun. 2024).


ELIGIBLE SERVICES/SPECIALTIES

All Montana Medicaid covered services delivered via telemedicine/telehealth are reimbursable if the services:

  • Are medically necessary and clinically appropriate for delivery via telemedicine/telehealth;
  • Follow the guidelines set forth in the applicable Montana Healthcare Programs provider manual; and
  • Are not a service specifically required to be face-to-face as defined in the applicable Montana Healthcare Programs provider manual.

There are no specific requirements for technologies used to deliver services via telemedicine/telehealth and can be provided using secure portal messaging, secure instant messaging, telephone conversations, and audio-visual conversations.

Rates of payment for services delivered via telemedicine/telehealth will be the same as rates of payment for services delivered via traditional (e.g., in-person) methods set forth in the applicable regulations. Please refer to the fee schedules posted on the Provider Information website for current rates.

SOURCE:  MT Medicaid, All Provider Notice, Coverage and Reimbursement for Telemedicine/Telehealth Services, Mar. 21, 2023, (Accessed Jun. 2024).

Applied Behavior Analysis Services

Telehealth delivery for ABA services, with approved Telehealth Exception Request form.  Face-to-face service delivery is preferred. Telehealth may be substituted if clinically appropriate. Complete the Telehealth Exception Request Form available on the Applied Behavior Analysis Services page of the Provider Information website. You must read and accept the end user agreement at the link. Telehealth exception requests must be approved prior to the delivery of services via telehealth.

SOURCE:  MT Medicaid, All Provider Notice, Comprehensive Waiver, Applied Behavior Analysis, and Targeted Case Management, Mar. 12, 2023, & Resumption of Face-to-Face Requirements for Selected Programs, Apr. 10, 2023, (Accessed Jun. 2024).

MT Developmental Disabilities Program and Targeted Case Management Providers: Comprehensive Waiver, Applied Behavior Analysis, and Targeted Case Management Updates 

Telehealth delivery for some waiver services when clinically appropriate.  Please see the applicable Montana Developmental Disabilities Program Service Manual for information on services that require face-to face-delivery and do not allow for telehealth.

SOURCE: MT Medicaid, All Provider Notice, Comprehensive Waiver, Applied Behavior Analysis, and Targeted Case Management, Mar. 12, 2023, (Accessed Jun. 2024).

Developmental Disabilities Program (DDP)

  • 0208 Waiver Services
    • Face-to-face service delivery is preferred. Telehealth may be substituted for some services when clinically appropriate. Please see the applicable Montana Developmental Disabilities Program Service Manual for information on services that require face-to-face delivery and do not allow for telehealth.
  • Targeted Case Management Developmental Disabilities
    • Returning to a minimum of 3 face-to-face contacts per year.
  • Applied Behavior Analysis Services
    • Face-to-face service delivery is preferred. Telehealth may be substituted if clinically appropriate.  Complete the Telehealth Exception Request Form available on the Applied Behavior Analysis Services page of the Provider Information website. You must read and accept the end user agreement at the link. Telehealth exception requests must be approved prior to the delivery of services via telehealth.

SOURCE: MT Medicaid, All Provider Notice, Resumption of Face-to-Face Requirements for Selected Programs, Apr. 10, 2023, (Accessed Jun. 2024).

Behavioral Support Services: Telehealth is allowed for specific H0046 activities (but not for the required face-to-face contact). A modifier of GT and a place of service code of 02 shall be put on the claim for units delivered as Telehealth. The waiver cannot be billed for any equipment or software required for or associated with telehealth capability.

A modifier of GT and a place of service code of 02 shall be put on the claim for units delivered as Telehealth. The waiver cannot be billed for any equipment or software required for or associated with telehealth capability.  [Repeated for multiple services throughout manual.  See manual for details.]

SOURCE: MT Medicaid, DD Services Manual, pg. 13, July 1, 2023, (Accessed Jun. 2024).

Permanent updates to face-to-face services are ‘proposed’ effective May 12, 2023 for Treatment Bureau, Children’s Mental Health Bureau, Health Resources Division, and Senior and Long-Term Care Division.  See notice for details.

SOURCE: MT Medicaid, All Provider Notice, Resumption of Face-to-Face Requirements for Selected Programs, Apr. 10, 2023, (Accessed Jun. 2024).

Children’s Mental Health Bureau

Services delivered via telehealth are reimbursable when medically necessary and clinically appropriate for delivery via telemedicine.

Face-to-face service delivery is preferred. Telehealth may be substituted if clinically indicated or if the youth does not have access to face-to-face services. Case notes must include reason, including documentation of attempts to identify local supports, if related to access.

SOURCE: MT Dep. of Public Heath and Human Services, Children’s Mental Health Bureau Medicaid Services, Provider Manual, May 12, 2023, (Accessed Jun. 2024).

Healthy Montana Kids

Outpatient medical and behavioral health services (non-surgical) include services provided via telehealth.

SOURCE: MT Children’s Health Insurance Plan, Healthy Montana Kids (HMK). Evidence of Coverage (Jan. 2023), p. 23 & 28-29. (Accessed Jun. 2024).

Physical, Occupational and Speech Therapy

Telehealth services are available for Physical, Occupational and Speech Therapy when ordered by a physician or mid-level practitioner.  All Montana Medicaid covered services delivered via telemedicine/telehealth are reimbursable so long as such services are medically necessary and clinically appropriate for delivery via telemedicine/telehealth.

SOURCE: MT Dept. of Public Health and Human Svcs., Medicaid and Medical Assistance Programs Manual, Therapies Manual, Covered Services (Mar. 2020). (Accessed Jun. 2024). 

School-Based Services

Telehealth services are allowed for Physical Therapy, Occupational Therapy and Speech Therapy. All Montana Medicaid covered services delivered via telemedicine/telehealth are reimbursable so long as such services are medically necessary and clinically appropriate for delivery via telemedicine/telehealth.

SOURCE: MT Dept. of Public Health and Human Svcs., Medicaid and Medical Assistance Programs Manual, School-Based Services Manual, Covered Services (4/14/22). (Accessed Jun. 2024).

Durable Medical Equipment

Face-to-face assessments of the patient by the prescriber can be performed using telemedicine. Telemedicine guidance can be found in the General Information for Providers Manual.

SOURCE:  MT Dept. of Public Health and Human Svcs., Medicaid and Medical Assistance Programs Manual, Durable Medical Equipment, Prosthetics, Orthotics, and Medical Supplies (DMEPOS) Manual, Covered Services (4/25/24). (Accessed Jun. 2024).

Diabetes Prevention Program (DPP) Information

Telehealth cohorts must provide live interaction, via technology, with the lifestyle coach following the same protocol as in-person cohorts.

SOURCE: MT Dept. of Public Health and Human Svcs. Diabetes Prevention Program (DPP) Information, MT Healthcare Programs Notice, Apr. 30, 2024, (Accessed Jun. 2024).

Mobile Crisis Response Services

Services must be delivered in-person; when furnished by a mobile crisis team, the responding team must have at least one team member responding in-person. One team member may respond via telehealth and must remain connected throughout the duration of the response.

SOURCE:  Dep. of Public Health and Human Services, Behavioral Health and Developmental Disabilities (BHDD) Division, Policy Number 452, July 1, 2023, (Accessed Jun. 2024).

Indian Health Services

Refer to IHS fee schedule.

SOURCE: MT Dep of Public Health and Human Svcs,, Indian Health Services, 7/26/23, (Accessed Jun. 2024).

Mental Health Centers and Therapeutic Group Homes – Children’s Mental Health Services

With the finalization of the rulemaking MAR 37-1031, the following face-to-face flexibilities were made permanent effective May 12, 2023:

  • Comprehensive School and Community Treatment (CSCT)
    • Face-to-face service delivery is preferred. Telehealth may be substituted if clinically indicated or if the youth does not have access to face-to-face services. Case notes must include reason, including documentation of attempts to identify local supports, if related to access.
  • Community Based Psychiatric Rehabilitation Services (CBPRS)
    • Face-to-face service delivery is preferred. Telehealth may be substituted if clinically indicated or if the youth does not have access to face-to-face services. Case notes must include reason, including documentation of attempts to identify local supports, if related to access
  • Home Support Services (HSS)
    • Maintain minimum weekly units at 8, allow up to 4 of the 8 units to be telehealth service delivery.
    • Maintain bi-weekly clinical lead requirements, allow up to 1 telehealth meeting per month.
    • Face-to-face services delivery is preferred. Telehealth may be substituted if clinically indicated or if the youth does not have access to face-to-face services. Case notes must include reason, including documentation of attempts to identify local supports, if related to access.
  • Therapeutic Foster Care
    • Maintain 2 scheduled treatment sessions in each four-week period, allow for 1 visit in the four week period to be telehealth delivery.
    • Face-to-face service delivery is preferred. Telehealth may be substituted if clinically indicated or if the youth does not have access to face-to-face services. Case notes must include reason, including documentation of attempts to identify local supports, if related to access.
  • Targeted Case Management – Youth with Serious Emotional Disturbance
    • No permanent updates; pre-PHE Administrative Rules of Montana apply

There are no specific requirements for technologies used to deliver services via telemedicine/telehealth and it can be provided using secure portal messaging, secure instant messaging, telephone conversations, and audio-visual conversations.

SOURCE:  Montana Healthcare Programs Provider Notice, Telehealth Policy Clarification for Children’s Mental Health Services, Effective May 12, 2023, Revised April 2, 2024. (Accessed Jun. 2024).


ELIGIBLE PROVIDERS

Providers must be enrolled as Montana Healthcare Programs providers and be licensed in the State of Montana in order to:

  • Treat a Montana Healthcare Programs member; and
  • Submit claims for payment to Montana Healthcare Programs

SOURCE: MT Dept. of Public Health and Human Svcs., Medicaid and Medical Assistance Programs Manual, General Information for Providers, Telemedicine (Feb. 2020). (Accessed Jun. 2024).

Distance Provider – The enrolled provider delivering a medically necessary and clinically appropriate service from the distance site.

Distant Site – A site where the enrolled provider providing the service is located at the time the service is provided. While all applicable licensure and programmatic requirements apply to the delivery of the service, there are no additional geographic or facility restrictions on distant sites for services delivered via telehealth.

Enrolled Provider – A practitioner enrolled in the Montana Healthcare Programs.

SOURCE:  MT Medicaid, All Provider Notice, Coverage and Reimbursement for Telemedicine/Telehealth Services, Mar. 21, 2023, (Accessed Jun. 2024).

The availability of services through telemedicine in no way alters the scope of practice of any health care provider; or authorizes the delivery of health care services in a setting or manner not otherwise authorized by law.

SOURCE: MT Dept. of Public Health and Human Svcs., Medicaid and Medical Assistance Programs Manual, Physician Related Svcs., Telemedicine (Feb. 2020). (Accessed Jun. 2024).


ELIGIBLE SITES

Telemedicine can be provided in a member’s residence; the distance provider is responsible for the confidentiality requirements. See “Originating Provider Requirements” section for list of eligible originating sites for facility fee.

SOURCE: MT Dept. of Public Health and Human Svcs., Medicaid and Medical Assistance Programs Manual, General Information for Providers, Telemedicine (Feb. 2020). (Accessed Jun 2024).

Enrolled Originating Site Provider – An enrolled provider who is operating a secure connection that complies with the requirements of the Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. 1320d, et seq., and assisting an enrollee with the technology necessary for a telehealth visit. An originating site provider is not required to participate in the delivery of the healthcare service. An enrollee’s residence is not reimbursable as an enrolled originating site provider.

Originating Site – A site where a patient is located at the time healthcare services are provided via a telecommunications system or where an asynchronous store-and-forward service originates.

SOURCE:  MT Medicaid, All Provider Notice, Coverage and Reimbursement for Telemedicine/Telehealth Services, Mar. 21, 2023, (Accessed Jun. 2024).

When performing a telemedicine consult, use the appropriate CPT E/M consult code. The place of service is the location of the provider providing the telemedicine service.

SOURCE: MT Dept. of Public Health and Human Svcs., Medicaid and Medical Assistance Programs Manual, Physician Related Svcs., Billing Procedures (3/5/21). (Accessed Jun. 2024).

Member’s residences do not qualify for originating provider reimbursement.

SOURCE: MCA 53-6-122 & MT Dept. of Public Health and Human Svcs., Medicaid and Medical Assistance Programs Manual, General Information for Providers, Telemedicine (Feb. 2020). (Accessed Jun. 2024).

“Originating site provider” means an enrolled provider who is operating a secure connection that complies with the requirements of the Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. 1320d, et seq., and assisting an enrollee with the technology necessary for a telehealth visit.

An originating site provider is not required to participate in the delivery of the health care service.

SOURCE: MCA 53-6-155, (Accessed Jun. 2024).


GEOGRAPHIC LIMITS

Distant Site – A site where the enrolled provider providing the service is located at the time the service is provided. While all applicable licensure and programmatic requirements apply to the delivery of the service, there are no additional geographic or facility restrictions on distant sites for services delivered via telehealth.

SOURCE:  MT Medicaid, All Provider Notice, Coverage and Reimbursement for Telemedicine/Telehealth Services, Mar. 21, 2023, (Accessed Jun. 2024).

The originating and distant providers may not be within the same facility or community. The same provider may not be the pay to for both the originating and distance provider.

SOURCE: MT Dept. of Public Health and Human Svcs., Medicaid and Medical Assistance Programs Manual, General Information for Providers, Telemedicine (Feb. 2020). (Accessed Jun. 2024).


FACILITY/TRANSMISSION FEE

The department will reimburse for all Montana Medicaid covered services delivered via telemedicine/telehealth originating site fees as long as such services are medically necessary and clinically appropriate for delivery via telemedicine/telehealth, comply with the guidelines set forth in the applicable Montana Medicaid provider manual, and are not a service specifically required to be face-to-face.

SOURCE: Administrative Rules of Montana, Sec. 37.40.330, (Accessed Jun. 2024).

The following provider types can bill the originating site fee:

  • Outpatient hospital
  • Critical access hospital*
  • Federally qualified health center*
  • Rural health center*
  • Indian health service*
  • Physician
  • Psychiatrist
  • Mid-levels
  • Dieticians
  • Psychologists
  • Licensed clinical social worker
  • Licensed professional counselor
  • Mental health center
  • Chemical dependency clinic
  • Group/clinic
  • Public health clinic
  • Family planning clinic

*Reimbursement for Q3014 is a set fee and is paid outside of both the cost to charge ratio and the all-inclusive rate.

Originating site providers must include a specific diagnosis code to indicate why a member is being seen by a distance provider and this code must be requested from the distance site prior to billing for the telemedicine appointment.

The originating site provider may also, as appropriate, bill for clinical services provided on-site the same day that a telemedicine originating site service is provided. The originating site may not bill for assisting the distant site provider with an examination, including for any services that would be normally included in a face-to-face visit.

FQHCs and RHCs can bill a telehealth originating site procedure code Q3014 if applicable.

SOURCE: MT Dept. of Public Health and Human Svcs., Medicaid and Medical Assistance Programs Manual, General Information for Providers, Telemedicine (Feb. 2020). (Accessed Jun. 2024).

No reimbursement for infrastructure or network use charges.

SOURCE: MT Dept. of Public Health and Human Svcs., Medicaid and Medical Assistance Programs Manual, Physician Related Svcs., Billing Procedures (March 2021). (Accessed Jun. 2024).

The waiver cannot be billed for any equipment or software required for or associated with telehealth capability.  [Repeated for multiple services throughout manual.  See manual for details.]

SOURCE: MT Medicaid, DD Services Manual, July 1, 2023, (Accessed Jun. 2024).

FQHCs/RHCs: How is the Prospective Payment System (PPS) rate calculated?

Non-RHC or non-FQHC services reimbursed outside of the PPS reimbursement methodology are not factored into the PPS rate. The list of services that are not calculated into the PPS rate includes: …

  • Originating telemedicine site

0780 is the revenue code for the telehealth originating site fee.

SOURCE:  MT Medicaid, FQHC and RHC Provider Manual, Nov. 2021, pg. 3, 9, (Accessed Jun. 2024).

Last updated 06/03/2024

Miscellaneous

Telemedicine/Telehealth Requirements

  • To the extent possible, providers must ensure members have the same rights to confidentiality and security as provided during traditional office visits.
  • Providers must follow consent and patient information protocol consistent with those followed during in-person visits.
  • Telemedicine/telehealth does not alter the scope of practice of any healthcare provider; or authorize the delivery of healthcare services in a setting or manner not otherwise authorized by law.
  • Record keeping must comply with Administrative Rules of Montana (ARM) 37.85.414.
  • Enrolled providers delivering services via telemedicine/telehealth must submit claims using the appropriate CPT or HCPCS code, place of service, and modifier for the services rendered.

SOURCE:  MT Medicaid, All Provider Notice, Coverage and Reimbursement for Telemedicine/Telehealth Services, Mar. 21, 2023, (Accessed Jun. 2024).

Providers must also use the telehealth place of service of 02 for claims submitted on a CMS-1500 claim. By coding with the GT modifier and the 02 place of service, the provider is certifying that the service was a face-to-face visit provided via interactive audio-video telemedicine.

If a rendering provider’s number is required on the claim for a face-to-face visit, it is required on a telemedicine claim.

Confidentially requirements apply (see manual).

SOURCE: MT Dept. of Public Health and Human Svcs., Medicaid and Medical Assistance Programs Manual, General Information for Providers, Telemedicine (Feb. 2020). (Accessed Jun. 2024).

A provider shall:

  • ensure an enrollee receiving telehealth services has the same rights to confidentiality and security as provided for traditional office visits;
  • follow consent and patient information protocols consistent with the protocols followed for in person visits; and
  • comply with recordkeeping requirements established by the department by rule.

Telehealth services may be provided using secure portal messaging, secure instant messaging, telephone communication, or audiovisual communication.

The department shall adopt rules for the provision of telehealth services, including but not limited to:

  • billing procedures for enrolled providers;
  • the services considered clinically appropriate for telehealth purposes;
  • recordkeeping requirements for providers, including originating site providers; and
  • other requirements for originating site providers, including allowable provider types, reimbursement rates, and requirements for the secure technology to be used at originating sites.

SOURCE: Montana Code Annotated 53-6-122 (Accessed Jun. 2024).

The Therapeutic Group Homes must provide therapeutic services to all youth. Therapeutic services include therapy and therapeutic interventions. The purpose of therapeutic services is to: …

  • If the youth is on a home visit or the family is unable to participate in therapy on-site, the mental health professional may provide therapy electronically via video conferencing or telehealth.

SOURCE: Montana Administrative Rules Sec. 37.97.906, (Accessed Jun. 2024).

Last updated 06/03/2024

Out of State Providers

Any out of state distance providers must be licensed in the State of Montana and enrolled in Montana Healthcare Programs in order to provide telemedicine services to Montana Healthcare Programs members. Providers must contact the Montana Department of Labor and Industry to find out details on licensing requirements for their applicable professional licensure.

SOURCE: MT Dept. of Public Health and Human Svcs., Medicaid and Medical Assistance Programs Manual, General Information for Providers, Telemedicine (Feb. 2020). (Accessed Jun. 2024).

Licensing Requirements for Out-of-State Mental Health Practitioners Practicing Via Telehealth in Montana

A recent Medicaid provider notice reminds enrolling and revalidating out-of-state mental health practitioners of the Montana Department of Labor and Industry Board of Behavioral Health’s licensing requirements for providing mental health services via telehealth to clients located in Montana. The Medicaid notice cites the Montana Board of Behavioral Health:

  • Telehealth/telepractice is a method of delivery of services and not a specific type of license or practice. To practice under the scope of the professions licensed under this board you must be licensed in the state of Montana (e.g., where the services are occurring). Note that laws concerning telepractice/telehealth vary from jurisdiction to jurisdiction so you should also check with the regulatory entity in the jurisdiction where you are licensed with regard to its laws. For more information on mental health practitioner licensing, please visit the Montana Department of Labor and Industry Board of Behavioral Health’s website, Board of Behavioral Health (mt.gov).

SOURCE: MT Dept. of Public Health and Human Svcs., Medicaid Provider Notice (Mar. 6 2024). (Accessed Jun. 2024).

Last updated 06/03/2024

Overview

Montana Medicaid reimburses for live video under some circumstances. With the end of COVID, MT Medicaid has specified that there are no requirements for technology used to deliver services via telemedicine/telehealth which can be provided using secure portal messaging, secure instant messaging, telephone conversations, and audio-visual conversations.  However, still no mention of remote patient monitoring in their telehealth policy.

Telehealth services must be reimbursed at the same rate of payment as services delivered in person.

Last updated 06/03/2024

Remote Patient Monitoring

POLICY

No Reference Found


CONDITIONS

No Reference Found


PROVIDER LIMITATIONS

No Reference Found


OTHER RESTRICTIONS

No Reference Found

Last updated 06/03/2024

Store and Forward

POLICY

Telehealth services may be provided using secure portal messaging, secure instant messaging, telephone communication, or audiovisual communication.

SOURCE: Montana Code Annotated 53-6-122 (Accessed Jun. 2024).

All Montana Medicaid covered services delivered via telemedicine/telehealth are reimbursable if the services:

  • Are medically necessary and clinically appropriate for delivery via telemedicine/telehealth;
  • Follow the guidelines set forth in the applicable Montana Healthcare Programs provider manual; and
  • Are not a service specifically required to be face-to-face as defined in the applicable Montana Healthcare Programs provider manual.

There are no specific requirements for technologies used to deliver services via telemedicine/telehealth and can be provided using secure portal messaging, secure instant messaging, telephone conversations, and audio-visual conversations.

Rates of payment for services delivered via telemedicine/telehealth will be the same as rates of payment for services delivered via traditional (e.g., in-person) methods set forth in the applicable regulations. Please refer to the fee schedules posted on the Provider Information website for current rates.

SOURCE:  MT Medicaid, All Provider Notice, Coverage and Reimbursement for Telemedicine/Telehealth Services, Mar. 21, 2023, (Accessed Jun. 2024).

Despite the above more recent guidance, the General Information for Providers Telemedicine Manual still seems to restrict store-and-forward coverage based upon how it defines telehealth.

Distant site – Distance providers should submit claims for telehealth services using the appropriate CPT or HCPCS code for the professional service along with the GT modifier (interactive communication). Effective January 1, 2017, providers must also use the telehealth place of service of 02 for claims submitted on a CMS-1500 claim. By coding with the GT modifier and the 02 place of service, the provider is certifying that the service was a face-to-face visit provided via interactive audio-video telemedicine.

SOURCE: MT Dept. of Public Health and Human Svcs., Medicaid and Medical Assistance Programs Manual, General Information for Providers, Telemedicine (Feb. 2020). (Accessed Jun. 2024).


ELIGIBLE SERVICES/SPECIALTIES

Mental Health Centers and Therapeutic Group Homes – Children’s Mental Health Services

With the finalization of the rulemaking MAR 37-1031, the following face-to-face flexibilities were made permanent effective May 12, 2023:

  • Comprehensive School and Community Treatment (CSCT)
    • Face-to-face service delivery is preferred. Telehealth may be substituted if clinically indicated or if the youth does not have access to face-to-face services. Case notes must include reason, including documentation of attempts to identify local supports, if related to access.
  • Community Based Psychiatric Rehabilitation Services (CBPRS)
    • Face-to-face service delivery is preferred. Telehealth may be substituted if clinically indicated or if the youth does not have access to face-to-face services. Case notes must include reason, including documentation of attempts to identify local supports, if related to access
  • Home Support Services (HSS)
    • Maintain minimum weekly units at 8, allow up to 4 of the 8 units to be telehealth service delivery.
    • Maintain bi-weekly clinical lead requirements, allow up to 1 telehealth meeting per month.
    • Face-to-face services delivery is preferred. Telehealth may be substituted if clinically indicated or if the youth does not have access to face-to-face services. Case notes must include reason, including documentation of attempts to identify local supports, if related to access.
  • Therapeutic Foster Care
    • Maintain 2 scheduled treatment sessions in each four-week period, allow for 1 visit in the four week period to be telehealth delivery.
    • Face-to-face service delivery is preferred. Telehealth may be substituted if clinically indicated or if the youth does not have access to face-to-face services. Case notes must include reason, including documentation of attempts to identify local supports, if related to access.
  • Targeted Case Management – Youth with Serious Emotional Disturbance
    • No permanent updates; pre-PHE Administrative Rules of Montana apply

There are no specific requirements for technologies used to deliver services via telemedicine/telehealth and it can be provided using secure portal messaging, secure instant messaging, telephone conversations, and audio-visual conversations.

SOURCE:  Montana Healthcare Programs Provider Notice, Telehealth Policy Clarification for Children’s Mental Health Services, Effective May 12, 2023, Revised April 2, 2024. (Accessed Jun. 2024).


GEOGRAPHIC LIMITS

No Reference Found


TRANSMISSION FEE

No Reference Found

Last updated 06/03/2024

Cross State Licensing

Treatment of a patient who is physically located in Montana by a licensee using telemedicine occurs where the patient is physically located.

SOURCE: Montana State Board of Medical Examiners. Administrative Rules of MT. Rule 24.156.813 Practice Requirements for Physicians Using Telemedicine. (Accessed Jun. 2024).

Except as provided in 37-15-103, an audiologist, speech-language pathologist, speech-language pathology assistant, or audiology assistant who is not a resident of Montana and who is not licensed under this chapter may not provide services to patients in Montana through telehealth without first obtaining a license from the board in accordance with this part or pursuant to the Audiology and Speech-Language Pathology Interstate Compact provided for in 37-15-401.

SOURCE: Montana Code Annotated 37-15-314 (Accessed Jun. 2024).

Board of Behavioral Health

Any individuals wishing to practice in Montana must have obtained a regular license. You cannot “transfer” a license nor does Montana have reciprocity agreements with any other jurisdictions. Telehealth/telepractice is a method of delivery of services and not a specific type of license or practice. To practice under the scope of the professions licensed under this board you must be licensed in the state of Montana (e.g., where the services are occurring). Note that laws concerning telepractice/telehealth vary from jurisdiction to jurisdiction so you should also check with the regulatory entity in the jurisdiction where you are licensed with regard to its laws.

SOURCE: Montana Dept. of Labor and Industry, Montana Board of Behavioral Health, FAQ (12/20/23). (Accessed Jun. 2023).

Last updated 06/03/2024

Definitions

Telemedicine means the practice of medicine using interactive electronic communications, information technology, audio-only conversations, or other means between a licensee in one location and a patient in another location with or without an intervening health care provider. Telemedicine includes the application of secure videoconferencing or store-and-forward technology.

The term does not mean an e-mail or instant messaging conversation or a message sent by facsimile transmission.

For physicians providing written certification of a debilitating medical condition pursuant to 16-12-509, the term does not include audio-only communication unless the physician has previously established a physician-patient relationship through an in-person encounter.

SOURCE: MT Code Sec. 37-3-102, (Accessed Jun. 2024).

“Telehealth” means the use of audio, video, or other telecommunications technology or media, including audio-only communication, that is:

  • used by a health care provider or health care facility to deliver health care services; and
  • delivered over a secure connection that complies with the requirements of state and federal privacy laws.

The term does not include delivery of health care services by means of facsimile machines or electronic messaging alone. The use of facsimile machines and electronic messaging is not precluded if used in conjunction with other audio, video, or telecommunications technology or media.

For physicians providing written certification of a debilitating medical condition pursuant to 16-12-509, the term does not include the use of audio-only communication unless the physician has previously established a physician-patient relationship through an in-person encounter.

SOURCE: Montana Code Annotated 37-2-305, (Accessed Jun. 2024).

“Practice pharmacy by means of telehealth” means to provide pharmaceutical care through the use of information technology to patients at a distance.

SOURCE: Montana Code Annotated 37-7-101 (Accessed Jun. 2024).

Last updated 06/03/2024

Licensure Compacts

Member of Audiology and Speech Language Pathology Compact.

SOURCE: ASLP Compact, Compact Map (Accessed Jun. 2024).

Member of Counseling Compact.

SOURCE: Counseling Compact, Compact Map, (Accessed Jun. 2024).

Member of the Interstate Medical Licensure Compact.

SOURCE: The IMLC. Interstate Medical Licensure Compact. (Accessed Jun. 2024).

Member of the Nurse Licensure Compact.

SOURCE: Current NLC States and Status. Nurse Licensure Compact. (Accessed Jun. 2024).

Member of Occupational Therapy Compact.

SOURCE: OT Compact, Compact Map, (Accessed Jun. 2024).

Member of the Physical Therapy Compact.

SOURCE: Compact Map. Physical Therapy Compact. (Accessed Jun. 2024).

* See Compact websites for implementation and license issuing status and other related requirements.

Last updated 06/03/2024

Miscellaneous

MT has a Sexual assault response network program that delivers care through tele SANE. “teleSANE” means the use of audio, video, or other telecommunications technology or media, including audio-only communication, to provide remote, real-time support by an off-site qualified provider to both the on-site nurse and the patient to ensure best practices, proper evidence collection, and a supportive environment.

See statute for details.

SOURCE: MT Statute Sec. 44-4-1701-1705, (Accessed Jun. 2024).

Last updated 06/03/2024

Online Prescribing

The licensee using telemedicine in the treatment and care of patients in Montana shall adhere to the same standards of care required for in-person medical care settings.

A provider-patient relationship may be established for purposes of telemedicine:

  • by an in-person medical interview and physical examination when the standard of care requires an in-person encounter;
  • by consultation with another licensee or health care provider who has a documented relationship with the patient and who agrees to participate in, or supervise, the patient’s care; or
  • through telemedicine if the standard of care does not require an in-person encounter.

The licensee using telemedicine in patient care may prescribe Schedule II drugs in compliance with Drug Enforcement Agency requirements and 37-20-404, MCA.

The licensee using telemedicine in patient care shall:

  • make available to the patient verification of the licensee’s identity and credentials;
  • verify the identity of the patient;
  • establish a provider-patient relationship prior to initiating care;
  • obtain a medical history sufficient for diagnosis and treatment in keeping with the applicable standard of care prior to providing treatment or issuing prescriptions, or delegating the patient’s medical services to other health care providers;
  • delegate the patient’s medical care only to health care providers:
    • who are known by the licensee to be qualified and competent to perform the delegated services;
    • with whom the patient has an established provider-patient relationship; or
    • who have physical or electronic access to the licensee for consultation and follow-up while the patient is under the licensee’s or the delegee’s care;
  • securely maintain and make timely available:
    • to the patient or the patient’s representative all relevant medical and billing records received or produced in connection with the patient’s care; and
    • to other health care providers all medical records received or produced in connection with the patient’s care.

SOURCE: Montana State Board of Medical Examiners. Administrative Rules of MT. Rule 24.156.813 Practice Requirements for Physicians Using Telemedicine. (Accessed Jun. 2024).

 “Practice pharmacy by means of telehealth” means to provide pharmaceutical care through the use of information technology to patients at a distance.

SOURCE: Montana Code Annotated 37-7-101 (Accessed Jun. 2024).

Except as otherwise provided in this section, a medical practitioner:

  • May dispense only those drugs that the practitioner is allowed to prescribe under the practitioner’s scope of practice unless the practitioner is engaged in the practice of pharmacy and dispensing a drug pursuant to Title 37, chapter 7; and
  • May not dispense a controlled substance unless the practitioner is engaged in the practice of pharmacy and is dispensing a controlled substance pursuant to Title 37, chapter 7.

SOURCE: MT Statute Sec. 37-2-104 (Accessed Jun. 2024).

Last updated 06/03/2024

Professional Boards Standards

Board of Medical Examiners

SOURCE: MT Admin Rules, Sec. 24.156.813, (Accessed Jun. 2024).

MT Board of Speech-Language Pathology

SOURCE: MT Admin Rules, Sec. 24.222.9 (Accessed Jun. 2024).

An audiology assistant or a speech-language pathology assistant may engage in telehealth or provide other services as directed by a speech-language pathologist or audiologist that otherwise comply with board rules for scope of practice by speech-language pathology assistants and audiology assistants.

SOURCE: MT Code Annotated, Sec. 37-15-314, (Accessed Jun. 2023).

A person licensed under this title to provide health care in the ordinary course of business or practice of a profession may provide services by means of telehealth when the use of telehealth:

  • is appropriate for the services being provided;
  • meets the standard of care for delivery of services; and
  • complies with any administrative rules for telehealth adopted by the board that licenses the health care provider.

A board may adopt rules establishing requirements for the use of telehealth by its licensees.

SOURCE: MT Code Annotated, Sec. 37-2-305, (Accessed Jun. 2024).