New Hampshire

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
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MEDICAID REIMBURSEMENT

  • Live Video: Yes
  • Store-and-Forward: Yes*
  • Remote Patient Monitoring: Yes*
  • Audio Only: Yes

PRIVATE PAYER LAW

  • Law Exists: Yes
  • Payment Parity: No

PROFESSIONAL REQUIREMENTS

  • Licensure Compacts: ASLP-IC, CC, IMLC, NLC, OT, PSY, PTC, SW
  • Consent Requirements: Yes

STATE RESOURCES

  1. Medicaid Program: New Hampshire Medicaid
  2. Administrator: Dept. of Health and Human Services
  3. Regional Telehealth Resource Center: Northeast 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 07/16/2024

Definitions

“Telemedicine,” as it pertains to the delivery of health care services, means the use of audio, video, or other electronic media for the purpose of diagnosis, consultation, or treatment. Telemedicine does not include the use of facsimile.

SOURCE: NH Revised Statutes Annotated, 415-J:2, (Accessed Jul. 2024).

Last updated 07/16/2024

Parity

SERVICE PARITY

For the purposes of this chapter, covered services include remote patient monitoring and store and forward.

An insurer offering a health plan in this state may not deny coverage on the sole basis that the coverage is provided through telemedicine if the health care service would be covered if it were provided through in-person consultation between the covered person and a health care provider.

An insurer offering a health plan in this state shall provide coverage and reimbursement for health care services provided through telemedicine on the same basis as the insurer provides coverage and reimbursement for health care services provided in person.

If an insurer excludes a health care service from its in-person reimbursable service, then comparable services shall not be reimbursable as a telemedicine service.

An insurer shall provide reimbursement for all modes of telehealth, including video and audio, audio-only, or other electronic media provided by medical providers to treat all members for all medically necessary services.

An insurer shall not impose on coverage for health care services provided through telemedicine any additional benefit plan limitations to include annual or lifetime dollar maximums on coverage, deductibles, copayments, coinsurance, benefit limitation or maximum benefits that are not equally imposed upon similar services provided in-person.

SOURCE: NH Revised Statutes Annotated, 415-J:3, (Accessed Jul. 2024).


PAYMENT PARITY

An insurer offering a health plan in this state shall provide coverage and reimbursement for health care services provided through telemedicine on the same basis as the insurer provides coverage and reimbursement for health care services provided in person.

An insurer shall provide reasonable compensation to an originating site operated by a health care provider or a licensed health care facility if the health care provider or licensed health care facility is authorized to bill the insurer directly for health care services. In the event of a dispute between a provider and an insurance carrier relative to the reasonable compensation under this section, the insurance commissioner shall have exclusive jurisdiction under RSA 420-J:8-e to determine if the compensation is commercially reasonable. The provider and the insurance carrier shall each make best efforts to resolve any dispute prior to applying to the insurance commissioner for resolution, which shall include presenting to the other party evidence supporting its contention that the compensation level it is proposing is commercially reasonable.

The combined amount of reimbursement that a health benefit plan allows for the compensation to the distant site and the originating site shall be the same as the total amount allowed for health care services provided in person.

Nothing in this section shall be construed to prohibit an insurer from paying reasonable compensation to a provider at a distant site in addition to a fee paid to the health care provider.

Nothing in this section shall be construed to allow an insurer to reimburse more for a health care service provided through telemedicine than would have been reimbursed if the health care service was provided in person.

SOURCE: NH Revised Statutes Annotated, 415-J:3, (Accessed Jul. 2024).

Last updated 07/16/2024

Requirements

An insurer offering a health plan in this state may not deny coverage on the sole basis that the coverage is provided through telemedicine if the health care service would be covered if it were provided through in-person consultation between the covered person and a health care provider.

For the purposes of this chapter, covered services include remote patient monitoring and store and forward.

An insurer shall provide reimbursement for all modes of telehealth, including video and audio, audio-only, or other electronic media provided by medical providers to treat all members for all medically necessary services.

If an insurer excludes a health care service from its in-person reimbursable service, then comparable services shall not be reimbursable as a telemedicine service.

There shall be no restriction on eligible originating or distant sites for telehealth services. An originating site means the location of the member at the time the service is being furnished via a telecommunication system. A distant site means the location of the provider at the time the service is being furnished via a telecommunication system.

An insurer shall provide reimbursement for all modes of telehealth, including video and audio, audio-only, or other electronic media provided by medical providers to treat all members for all medically necessary services.

The following medical providers shall be allowed to perform health care services through the use of all modes of telehealth, including video and audio, audio-only, or other electronic media. Medical providers include, but are not limited to:

  • Physicians and physician assistants, under RSA 329 and RSA 328-D;
  • Advanced practice nurses, under RSA 326-B and registered nurses under RSA 326-B employed by home health care providers under RSA 151:2-b;
  • Midwives, under RSA 326-D;
  • Psychologists, under RSA 329-B;
  • Allied health professionals, under RSA 328-F;
  • Dentists, under RSA 317-A;
  • Mental health practitioners governed by RSA 330-A;
  • Community mental health providers employed by community mental health programs pursuant to RSA 135-C:7;
  • Alcohol and other drug use professionals, governed by RSA 330-C;
  • Dietitians, governed by RSA 326-H; and
  • Professionals certified by the national behavior analyst certification board or persons performing services under the supervision of a person certified by the national behavior analyst certification board as required by RSA 417-E:2.

Nothing in this section shall be construed to prohibit an insurer from providing coverage for only those services that are medically necessary and subject to the terms and conditions of the covered person’s policy.

SOURCE: NH Revised Statutes Annotated, 415-J:3, (Accessed Jul. 2024).

Last updated 07/16/2024

Definitions

“Telehealth services” shall comply with 42 C.F.R. section 410.78, except for 42 C.F.R. section 410.78(b)(4). The use of the term “telemedicine” shall comply with the Centers for Medicare and Medicaid Services requirements governing the aforementioned telehealth services.

SOURCE: NH Revised Statutes 167:4-d (Accessed Jul. 2024).

“Teledentistry” means the acquisition and transmission of all necessary subjective and objective diagnostic data through interactive audio, video, or data communications by a  dental provider subject to RSA 317-A:21-e to a NH Medicaid enrolled dentist at a distant site for triage, dental treatment planning, and referral.

“Telehealth” means a two-way, real-time interactive communication between a patient and a physician or medical provider at a distant site through telecommunications equipment including video, audio, and audio-only equipment.

Source: NH Admin Rules, HE-C 5004.1, (Accessed Jul. 2024).

Telehealth is the use of telecommunications technologies for remote delivery of medical services. Telehealth is used to facilitate live contact directly between an individual/individual’s family and a provider.

SOURCE: NH Department of Health and Human Services, Medicaid to Schools Program Medicaid to Schools Technical Assistance Guide pg. 91, (May 3, 2022), (Accessed Jul. 2024).

Last updated 07/16/2024

Email, Phone & Fax

Medical providers described in He-C 5004.03(a) above, shall be permitted to perform health care services through the use of all modes of telehealth, including video and audio, audio-only, or other electronic media.

Source: NH Admin Rules, HE-C 5004.03, (Accessed Jul. 2024).

“Telehealth services” shall comply with 42 C.F.R. section 410.78, except for 42 C.F.R. section 410.78(b)(4).

SOURCE: NH Revised Statutes 167:4-d & 42 CFR Sec. 410.78. (Accessed Jul. 2024).

The Medicaid program shall provide reimbursement for all modes of telehealth, including video and audio, audio-only, or other electronic media provided by medical providers to treat all members for all medically necessary services.

Eligible medical providers shall be allowed to perform health care services through the use of all modes of telehealth, including video and audio, audio-only, or other electronic media.

SOURCE: NH Revised Statutes Annotated, 167:4-d, (Accessed Jul. 2024).

Effective as of 4/1/2022, FQ modifier identifying the service was furnished using audio-only communication technology has been added to MMIS.

SOURCE: NH Medicaid Provider Bulletin, New Modifiers and Telehealth POS (Mar. 25, 2022), (Accessed Jul. 2024).

Last updated 07/16/2024

Live Video

POLICY

The Medicaid program shall provide coverage and reimbursement for health care services provided through telemedicine on the same basis as the Medicaid program provides coverage and reimbursement for health care services provided in person.

The combined amount of reimbursement that the Medicaid program allows for the compensation to the distant site and the originating site shall not be less that the total amount allowed for health care services provided in person.

The Medicaid program shall provide reimbursement for all modes of telehealth, including video and audio, audio-only, or other electronic media provided by medical providers to treat all members for all medically necessary services.

Nothing in this section shall be construed to prohibit the Medicaid program from providing coverage for only those services that are medically necessary and subject to all other terms and conditions of the coverage. Services delivered through telehealth under this section shall comply with all applicable state and federal law or regulation as allowed by the Medicaid program. Any conflict with the provisions of this section and federal law or regulation shall preempt and supersede any provision of this section.

This section shall be conditioned upon review and approval of a state plan amendment submitted by the department to the Centers for Medicare and Medicaid Services, as deemed necessary.

SOURCE: NH Revised Statutes 167:4-d (Accessed Jul. 2024).

All recipients shall be eligible for telehealth services when:

  • Telehealth, including teledentistry, is determined medically necessary pursuant to He-W 530.01(e); and
  • The recipient has consented to using telehealth, including teledentistry, as a method of receiving services.

Payment for Services

  • Payment to medical providers, described in He-C 5004.03 above, shall be made in accordance with rates established by the department in accordance with RSA 161:4, VI(a).
  • Services delivered via telehealth shall be reimbursed pursuant to RSA 167:4-d III(b) and (c).
  • Medical providers shall use appropriate CPT procedure codes and modifiers when billing.
  • Dental providers shall use CDT procedure codes when billing.
  • All claims for payment shall be submitted to the department’s fiscal agent.
  • All providers shall maintain supporting records in accordance with He-W 520.
  • All providers shall be responsible for determining that the recipient is Title XIX eligible on the date of service.
  • Payment for store and forward and remote patient monitoring shall only be available as funding and resources within the current state fiscal year are available.

Source: NH Admin Rules, HE-C 5004.02, and .13 (Accessed Jul. 2024).

An individual providing services by means of telemedicine or telehealth directly to a patient shall:

  • Use the same standard of care as used in an in-person encounter;
  • Maintain a medical record; and
  • Subject to the patient’s consent, forward the medical record to the patient’s primary care or treating provider, if appropriate; and
  • Provide meaningful language access if the individual is practicing in a facility that is required to ensure meaningful language access to limited-English proficient speakers pursuant to 45 C.F.R. section 92.101 or RSA 354-A, or to deaf or hard of hearing individuals pursuant to 45 C.F.R. section 92.102, RSA 521-A, or RSA 354-A.

Under this section, Medicaid coverage for telehealth services shall comply with the provisions of 42 C.F.R. section 410.78 and RSA 167:4-d.

SOURCE: NH Revised Statute 310-A:1-g, (Accessed Jul. 2024).

Medicaid covers services delivered via telehealth, as well as remote patient monitoring and store and forward services.

SOURCE: NH Medicaid, General Billing Manual, Oct. 2023, (Accessed Jul. 2024).


ELIGIBLE SERVICES/SPECIALTIES

Coverage under this section shall include the use of telehealth or telemedicine for Medicaid-covered services provided within the scope of practice of a physician or other health care provider as a method of delivery of medical care:

  • Which is an appropriate application of telehealth services provided by physicians and other health care providers, as determined by the department based on the Centers for Medicare and Medicaid Services regulations, and also including persons providing psychotherapeutic services as provided in He-M 426.08 and 426.09;
  • By which telemedicine services for primary care and remote patient monitoring shall only be covered in the event that the patient has already established care at an originating site via face-to-face in-person service. A provider shall not be required to establish care via face-to-face in-person service when:
    • The provider is a Department of Veteran Affairs (VA) practitioner or VA-contracted practitioner not required to obtain a special registration pursuant to 21 U.S.C. section 831(h);
    • The patient is being treated by, and is physically located in a correctional facility administered by the state of New Hampshire or a New Hampshire county;
    • The patient is being treated by, and is physically located in a doorway as defined in RSA 167:4-d, II(c);
    • The patient is being treated by and is physically located in a state designated community mental health center pursuant to RSA 135; or
    • The patient is being treated by, and physically located in, a hospital or clinic registered in a manner fully consistent with 21 U.S.C. section 823(f); and

By which an individual shall receive medical services from a physician or other health care provider who is an enrolled Medicaid provider without in-person contact with that provider.

Medical providers below shall be allowed to perform health care services through the use of all modes of telehealth, including video and audio, audio-only, or other electronic media.   See eligible provider section for list of eligible providers.

Nothing in this section shall be construed to prohibit the Medicaid program from providing coverage for only those services that are medically necessary and subject to all other terms and conditions of the coverage. Services delivered through telehealth under this section shall comply with all applicable state and federal law or regulation as allowed by the Medicaid program. Any conflict with the provisions of this section and federal law or regulation shall preempt and supersede any provision of this section.

SOURCE: NH Revised Statutes 167:4-d (Accessed Jul. 2024).

Telehealth services shall be subject to the same service limits set forth in He-W 530.03.

Teledentistry services shall be subject to the same service limits set forth in He-W 566.04.

Telehealth services, provided through a medicaid managed care organization (MCO), as defined in He-W 506.03(h) shall be furnished in an amount, duration, and scope that is no less than the amount, duration, and scope for the same services furnished to recipients under fee-for-service as defined in He-W 506.03(f).

Installation to provide telehealth services or maintenance of telehealth hardware, software, or other equipment shall not be covered by Medicaid.

Source: NH Admin Rules, HE-C 5004.04 and 05, 09 (Accessed Jul. 2024).

Medicaid to Schools Program

Medical services delivered via telehealth including those services in a school setting are reimbursable pursuant to RSA 167:4-D. Claims should be submitted with the appropriate procedure code and TM modifier along with modifier GT and place of service (02 for telehealth).

SOURCE: NH Medicaid to Schools Billing Guidelines and Billable Procedure Codes Companion to the Technical Assistance Guide, pg. 2 ( Mar. 1, 2022), ( Accessed Jul. 2024).

Any direct service that would have previously been rendered and Medicaid covered as face-to-face may now be rendered via telehealth. This includes both medical services as well as behavioral health services. Follow up with students on home activities that normally would have been done face-to-face would be considered direct services. Work that Rehabilitation Assistants are doing remotely in support of students such as sensory exercises, teaching communication skills or other such medically related activities in support of the student’s plan of care would be billable. Notification to NH Medicaid to transition an individual from face- to- face direct treatment to telehealth visits is not required.

NH Medicaid pays the same rate as if the service was provided face-to-face. Billing for the service delivered should identify the CPT codes typically used for in-person visits with the addition of the GT modifier and place of service 02 (telehealth) to the claim form. The use of the GT modifier and the 02 place of service are for all Medicaid to Schools covered procedure codes both medical and behavioral health. Medicaid is not adopting a different set of procedure codes specific to telehealth.

SOURCE: NH Department of Health and Human Services, Medicaid to Schools Program Medicaid to Schools Technical Assistance Guide pgs. 91 & 92, (May 2, 2022), (Accessed Jul. 2024).

The following new modifiers listed below have been added to MMIS:

  • FQ – the service was furnished using audio-only communication technology
  • FR – the supervising practitioner was present through two-way, audio/video communication technology
  • FS – split (or shared) Evaluation and Management service
  • FT- unrelated Evaluation and Management (E/M) visit during a postoperative period, or on the same day as a procedure or another E/M visit

These modifiers are effective 4/1/2022 and are informational only.

SOURCE: NH Medicaid Provider Bulletin, New Modifiers and Telehealth POS (Mar. 25, 2022), (Accessed Jul. 2024).


ELIGIBLE PROVIDERS

“Distant site” means the location of the health care provider delivering services through telemedicine at the time the services are provided.

Pursuant to RSA 167:4-d(f), medical providers shall include, but are not limited to the following:

  • Physicians and physician assistants, governed by RSA 329 and RSA 328-D;
  • Advanced practice nurses, governed by RSA 326-B and registered nurses under RSA 326-B employed by home health care providers under RSA 151:2-b;
  • Midwives, governed by RSA 326-D;
  • Psychologists, governed by RSA 329-B;
  • Allied health professionals, governed by RSA 328-F;
  • Dentists, governed by RSA 317-A;
  • Mental health practitioners governed by RSA 330-A;
  • Community mental health providers employed by community mental health programs pursuant to RSA 135-C:7;
  • Alcohol and other drug use professionals, governed by RSA 330-C;
  • Dietitians, governed by RSA 326-H; and
  • Professionals certified by the national behavior analyst certification board or persons performing services under the supervision of a person certified by the national behavior analyst certification board.

Each participating medical provider shall:

  • Be licensed to practice by the state of New Hampshire;
  • Be a NH enrolled Title XIX provider;
  • Request and obtain prior authorization in accordance with He-W 531.07 and dental request per He-W 566.07;
  • Assure the same rights to confidentiality and security as provided in face-to-face services; and
  • Ensure the patient’s informed consent to the use of telehealth and advise members of any relevant privacy considerations.

Medical providers shall adhere to the same standards of clinical practice and record keeping that apply to other covered services.

Source: NH Admin Rules, HE-C 5004.03, (Accessed Jul. 2024).

“Distant site ” means the location of the health care provider delivering services through telemedicine at the time the services are provided.

“Telehealth services” shall comply with 42 C.F.R. section 410.78, except for 42 C.F.R. section 410.78(b)(4).  These sections limits providers that can be reimbursed for telehealth to the following:

  • Physician
  • Physician assistant
  • Nurse practitioner
  • Clinical nurse specialist
  • Nurse-midwife
  • Clinical psychologist and clinical social worker (may not seek payment for medical evaluation and management services)
  • Registered dietician or nutrition professional
  • Certified registered nurse anesthetist

Medical providers below shall be allowed to perform health care services through the use of all modes of telehealth, including video and audio, audio-only, or other electronic media. Medical providers include, but are not limited to, the following:

  • Physicians and physician assistants, governed by RSA 329 and RSA 328-D;
  • Advanced practice nurses, governed by RSA 326-B and registered nurses under RSA 326-B employed by home health care providers under RSA 151:2-b;
  • Midwives, governed by RSA 326-D;
  • Psychologists, governed by RSA 329-B;
  • Allied health professionals, governed by RSA 328-F;
  • Dentists, governed by RSA 317-A;
  • Mental health practitioners governed by RSA 330-A;
  • Community mental health providers employed by community mental health programs pursuant to RSA 135-C:7;
  • Alcohol and other drug use professionals, governed by RSA 330-C;
  • Dietitians, governed by RSA 326-H; and
  • Professionals certified by the national behavior analyst certification board or persons performing services under the supervision of a person certified by the national behavior analyst certification board

SOURCE: NH Revised Statutes 167:4-d, (Accessed Jul. 2024).

Medicaid to Schools Program

All services provided via telehealth must be within the provider’s professional scope of practice and He-W 589.04. The following provider types are eligible to provide telehealth services:

  • Occupational Therapists (OTs)
  • Physical Therapists (PTs)
  • Speech and Language Pathologists (SLPs)
  • Rehabilitation Assistants
  • Psychologists
  • Board Certified Behavior Analysts (BCBAs)
  • School Physicians
  • Psychiatrists
  • Advanced Registered Nurse Practitioners (APRNs) and Registered Nurses (RNs)
  • Licensed alcohol and drug counselors (LADC) and master licensed alcohol and drug counselors (MLADC) per He-W 513
  • Psychotherapists and Mental Health Practitioners

SOURCE: NH Department of Health and Human Services, Medicaid to Schools Program Medicaid to Schools Technical Assistance Guide pg. 91, (May 3, 2022), (Accessed Jul. 2024).


ELIGIBLE SITES

“Originating site” means the location of the patient, whether or not accompanied by a health care provider, at the time services are provided by a health care provider through telehealth, including, but not limited to, a health care provider’s office, a hospital, or a health care facility, or the patient’s home or another nonmedical environment such as a school-based health center, a university-based health center, or the patient’s workplace.

Source: NH Admin Rules, HE-C 5004.1, (Accessed Jul. 2024).

There shall be no restriction on eligible originating or distant sites for telehealth services. An originating site means the location of the member at the time the service is being furnished via a telecommunication system. A distant site means the location of the provider at the time the service is being furnished via a telecommunication system.

SOURCE: NH Revised Statutes Annotated, 167:4-d, (Accessed Jul. 2024).

“Originating site” means the location of the patient, whether or not accompanied by a health care provider, at the time services are provided by a health care provider through telemedicine, including, but not limited to, a health care provider’s office, a hospital, or a health care facility, or the patient’s home or another nonmedical environment such as a school-based health center, a university-based health center, or the patient’s workplace.

SOURCE: NH Revised Statutes 167:4-d (Accessed Jul. 2024).

Effective as of 4/1/2022 place of service 10, telehealth provided in a patient’s home has been added to MMIS.

SOURCE: NH Medicaid Provider Bulletin, New Modifiers and Telehealth POS (Mar. 25, 2022), (Accessed Jul. 2024).

Medicaid to Schools Program

Medical services delivered via telehealth including those services in a school setting are reimbursable pursuant to RSA 167:4-D. Claims should be submitted with the appropriate procedure code and TM modifier along with modifier GT and place of service (02 for telehealth).

SOURCE: NH Medicaid to Schools Billing Guidelines and Billable Procedure Codes Companion to the Technical Assistance Guide, pg. 2 ( Mar. 1, 2022), ( Accessed Jul. 2024).

Telehealth: Medical services delivered via telehealth including those services in a school setting are reimbursable pursuant to RSA 167:4-D. Claims should be submitted with the appropriate procedure code and TM modifier along with modifier GT and place of service 02 for telehealth.

Place of service: School services will align with one of the following place of service codes that should be included on all claims:

  • 03: school
  • 02: telehealth

SOURCE: NH Medicaid: Medicaid to Schools Provider Manual, Mar. 2024, (Accessed Jul. 2024).


GEOGRAPHIC LIMITS

New Hampshire Medicaid does not follow 42 CFR 410.78(b)(4), listing geographic and site restrictions on originating sites.

SOURCE: NH Revised Statutes 167:4-d (Accessed Jul. 2024).


FACILITY/TRANSMISSION FEE

No reference found.

Last updated 07/16/2024

Miscellaneous

An individual providing services by means of telemedicine or telehealth directly to a patient shall:

  • Use the same standard of care as used in an in-person encounter;
  • Maintain a medical record; and
  • Subject to the patient’s consent, forward the medical record to the patient’s primary care or treating provider, if appropriate.
  • Provide meaningful language access if the individual is practicing in a facility that is required to ensure meaningful language access to limited-English proficient speakers pursuant to 45 C.F.R. section 92.101 or RSA 354-A, or to deaf or hard of hearing individuals pursuant to 45 C.F.R. section 92.102, RSA 521-A, or RSA 354-A.

Under this section, Medicaid coverage for telehealth services shall comply with the provisions of 42 C.F.R. section 410.78 and RSA 167:4-d.

SOURCE: NH Revised Statute 310:7, (Accessed Jul. 2024).

A physical therapy assistant may work under a physical therapist’s general supervision. General supervision means that the physical therapist is not required to be on site for direction and supervision, but must be available at least by telecommunication.

SOURCE:  NH Medicaid Provider Billing Manual, Therapies PT/OT/ST, (March 2023), pg. 7, (Accessed Jul. 2024).

See regulations for confidentiality and patient rights requirements.

Source: NH Admin Rules, HE-C 5004.06 and 07, (Accessed Jul. 2024).

Last updated 07/16/2024

Out of State Providers

If you are a NH Medicaid enrolled provider located outside of New Hampshire that provide services to patients in NH via telehealth you may need a New Hampshire license. Refer to New Hampshire RSA 310:7 for more information.

During the COVID-19 State of Emergency, the New Hampshire Office of Professional Licensure and Certification issued emergency licenses to certain New Hampshire Medicaid Enrolled Providers located out of state to allow for continuity of care through the emergency. Emergency licenses issued during the New Hampshire COVID-19 State of Emergency were converted to a permanent license pursuant to Senate Bill 277 (2022). These licenses expired on June 3, 2024. If you are practicing in New Hampshire or providing services to individuals in New Hampshire via telehealth, there was a process to renew your license before it expired. To determine if you were issued an emergency license during the COVID-19 State of Emergency, or for instructions on how to renew, please visit the OPLC webpage here.

SOURCE: NH Division of Medicaid Services. Provider Message. May 2024. (Accessed Aug. 2024).

Last updated 07/16/2024

Overview

New Hampshire Medicaid follows the Centers for Medicare and Medicaid Services requirements and Federal regulations for the use of telehealth and telemedicine. Reimbursement is available for live video under some circumstances. New Hampshire statute has a definition for store-and-forward and remote patient monitoring, and regulations that indicate it’s reimbursed as long as funding and resources are available in the fiscal year. A Medicaid provider message dictates specific codes for store-and-forward and remote patient monitoring coverage consistent with Medicare Communication Technology Based Services (CTBS) codes. New Medicaid regulations stipulate that providers are permitted to perform health care services through the use of all modes of telehealth, including video and audio, audio-only, or other electronic media.

Last updated 07/16/2024

Remote Patient Monitoring

POLICY

“Remote patient monitoring (RPM)” means “remote patient monitoring” as defined in RSA 167:4-d, II(e) namely “the use of electronic technology to remotely monitor a patient’s health status through the collection and interpretation of clinical data while the patient remains at an originating site. Remote patient monitoring may or may not take place in real time. Remote patient monitoring shall include assessment, observation, education and virtual visits provided by all covered providers including licensed home health care providers”.

Payment for store and forward and remote patient monitoring shall only be available as funding and resources within the current state fiscal year are available.

Source: NH Admin Rules, HE-C 5004.01, .13 (Accessed Jul. 2024).

“Remote patient monitoring” means the use of electronic technology to remotely monitor a patient’s health status through the collection and interpretation of clinical data while the patient remains at an originating site. Remote patient monitoring may or may not take place in real time. Remote patient monitoring shall include assessment, observation, education and virtual visits provided by all covered providers including licensed home health care providers.

Coverage under this section shall include the use of telehealth or telemedicine for Medicaid-covered services provided within the scope of practice of a physician or other health care provider as a method of delivery of medical care:

(1) Which is an appropriate application of telehealth services provided by physicians and other health care providers, as determined by the department based on the Centers for Medicare and Medicaid Services regulations, and also including persons providing psychotherapeutic services as provided in He-M 426.08 and 426.09;

(2) By which telemedicine services for primary care and remote patient monitoring shall only be covered in the event that the patient has already established care at an originating site via face-to-face in-person service. A provider shall not be required to establish care via face-to-face in-person service when:

  • The provider is a Department of Veteran Affairs (VA) practitioner or VA-contracted practitioner not required to obtain a special registration pursuant to 21 U.S.C. section 831(h);
  • The patient is being treated by, and is physically located in a correctional facility administered by the state of New Hampshire or a New Hampshire county;
  • The patient is being treated by, and is physically located in a doorway as defined in RSA 167:4-d, II(c);
  • The patient is being treated by and is physically located in a state designated community mental health center pursuant to RSA 135; or
  • The patient is being treated by, and physically located in, a hospital or clinic registered in a manner fully consistent with 21 U.S.C. section 823(f); and

(3) By which an individual shall receive medical services from a physician or other health care provider who is an enrolled Medicaid provider without in-person contact with that provider.

SOURCE: NH Revised Statutes 167:4-d (Accessed Jul. 2024).

Medicaid covers services delivered via telehealth, as well as remote patient monitoring and store and forward services.

SOURCE: NH Medicaid, General Billing Manual, Oct. 2023, (Accessed Jul. 2024).

New Hampshire Medicaid now covers remote patient monitoring and store & forward telehealth services as required with the passage of NH SB258 to amend RSA 167:4-d.

The following new procedure codes have been added to MMIS with an effective date of 10/1/2023:

  • CPT code 99453: “Remote monitoring of physiologic parameter(s) (e.g., weight, blood pressure, pulse oximetry, respiratory flow rate), initial; set-up and patient education on use of equipment.” This service may be billed once per year.
  • CPT code 99454: “Remote monitoring of physiologic parameter(s) (e.g., weight, blood pressure, pulse oximetry, respiratory flow rate), initial; device(s) supply with daily recording(s) or programmed alert(s) transmission, each 30 days.” This service may be billed once per month.
  • CPT code 99457: “Remote physiologic monitoring treatment management services, 20 minutes or more of clinical staff/physician/other qualified healthcare professional time in a calendar month requiring interactive communication with the patient/caregiver during the month.” Max unit of one per month
  • CPT code 99458: CPT code 99458 (Remote physiologic monitoring treatment management services, clinical staff/physician/other qualified health care professional time in a calendar month requiring interactive communication with the patient/caregiver during the month; additional 20 minutes) This service may be billed once per month.
  • CPT code 99091: Collection and interpretation of physiologic data (e.g., ECG, blood pressure, glucose monitoring) digitally stored and/or transmitted by the patient and/or caregiver to the physician or other qualified health care professional. This service may be billed once per month.

These procedure codes do not require a service authorization.

SOURCE: NH Division of Medicaid Services. Provider Message. Oct. 2023. (Accessed Aug. 2024).


CONDITIONS

The following considerations shall apply to RPM, as defined in He-C 5004.01(i) above, medical conditions that may be treated or monitored by means of RPM include but are not limited to:

  • Congestive heart failure;
  • Diabetes;
  • Chronic obstructive pulmonary disease;
  • Wound care;
  • Polypharmacy, mental or behavioral conditions, and technology dependent care such as the use of continuous oxygen, ventilator care, total parenteral nutrition, or enteral feeding;
  • Hypertension;
  • Pneumonia; or
  • Patients at high risk of hospitalization.

Source: NH Admin Rules, HE-C 5004.05, (Accessed Jul. 2024).


PROVIDER LIMITATIONS

No Reference Found


OTHER RESTRICTIONS

Medical devices supplied to patients as part of RPM services shall comply with section 201 of the Federal Food, Drug and Cosmetic Act (FDA) which requires the wirelessly synced device to be  reliable and to transmit data electronically for interpretation and recommendations automatically rather than the patient having to self-report to providers.

Telehealth for developmental disabilities and acquired brain disorder home and community based care waiver services shall be provided in accordance with the Centers for Medicare and Medicaid’s “Appendix K: Emergency Preparedness and Response for Home and Community Based (HCBS) 1915(c) Waivers” (effective March 2020 through 6 months after the end of the federal public health emergency), as available in Appendix A.

Telehealth for choices for independence home and community based waiver services shall be provided in accordance with the Centers for Medicare and Medicaid’s “Appendix K: Emergency Preparedness and Response for Home and Community Based (HCBS) 1915(c) Waivers” (effective March 2020 through 6 months after the end of the federal public health emergency), as available in Appendix A.

Telehealth for in home supports home and community based waiver services shall be provided in accordance with the Centers for Medicare and Medicaid’s “Appendix K: Emergency Preparedness and Response for Home and Community Based (HCBS) 1915(c) Waivers” (effective March 2020 through 6 months after the end of the federal public health emergency), as available in Appendix A.

Source: NH Admin Rules, HE-C 5004.05, (Accessed Aug. 2024).

Last updated 07/16/2024

Store and Forward

POLICY

“Store and forward,” means “store and forward” as defined in RSA 167:4-d, II(f) namely, “as it pertains to telemedicine and as an exception to 42 C.F.R. section 410.78, means the use of asynchronous electronic communications between a patient at an originating site and a health care service provider at a distant site for the purpose of diagnostic and therapeutic assistance in the care of patients. This includes the forwarding and/or transfer of stored medical data from the originating site to the distant site through the use of any electronic device that records data in its own storage and forwards its data to the distant site via telecommunication for the purpose of diagnostic and therapeutic assistance”.

Medical providers described in He-C 5004.03(a) above, shall be permitted to perform health care services through the use of all modes of telehealth, including video and audio, audio-only, or other electronic media.

Payment for store and forward and remote patient monitoring shall only be available as funding and resources within the current state fiscal year are available.

Source: NH Admin Rules, HE-C 5004.01, 03, & .13 (Accessed Jul. 2024).

New Hampshire statute addressing Medicaid has a definition for store-and-forward as it pertains to telemedicine and as an exception to 42 CFR 410.78.

“Store and forward,” as it pertains to telemedicine and as an exception to 42 C.F.R. section 410.78, means the use of asynchronous electronic communications between a patient at an originating site and a health care service provider at a distant site for the purpose of diagnostic and therapeutic assistance in the care of patients. This includes the forwarding and/or transfer of stored medical data from the originating site to the distant site through the use of any electronic device that records data in its own storage and forwards its data to the distant site via telecommunication for the purpose of diagnostic and therapeutic assistance.

The Medicaid program shall provide reimbursement for all modes of telehealth, including video and audio, audio-only, or other electronic media provided by medical providers to treat all members for all medically necessary services.

SOURCE: NH Revised Statutes 167:4-d (Accessed Jul. 2024).

Medicaid covers services delivered via telehealth, as well as remote patient monitoring and store and forward services.

SOURCE: NH Medicaid, General Billing Manual, Oct. 2023, (Accessed Jul. 2024).

New Hampshire Medicaid now covers remote patient monitoring and store & forward telehealth services as required with the passage of NH SB258 to amend RSA 167:4-d.

SOURCE: NH Division of Medicaid Services. Provider Message. Oct. 2023. (Accessed Aug. 2024).


ELIGIBLE SERVICES/SPECIALTIES

The following new procedure codes have been added to MMIS with an effective date of 10/1/2023:

  • CPT code G2010 covers “remote evaluation of recorded video and/or images submitted by an established patient (e.g., store and forward), including interpretation with follow-up with the patient within 24 business hours, not originating from a related E/M service provided within the previous 7 days nor leading to an E/M service or procedure within the next 24 hours or soonest available appointment).” This service may be billed twice per month.

These procedure codes do not require a service authorization.

SOURCE: NH Division of Medicaid Services. Provider Message. Oct. 2023. (Accessed Aug. 2024).


GEOGRAPHIC LIMITS

No Reference Found


TRANSMISSION FEE

No Reference Found

Last updated 07/16/2024

Cross State Licensing

An out-of-state physician providing services by means of telemedicine shall be deemed to be in the practice of medicine and shall be required to be licensed under this chapter. This paragraph shall not apply to out-of-state physicians who provide consultation services pursuant to RSA 329:21, II.

SOURCE: NH Revised Statutes Annotated, 329:1-d-II, (Accessed Jul. 2024).

Any out-of-state physician providing radiological services who performs radiological diagnostic evaluations or interpretations for New Hampshire patients by means of teleradiology shall be deemed to be in the practice of medicine and shall be required to be licensed under this chapter.

SOURCE: NH Revised Statutes Annotated, 329:1-b (Accessed Jul. 2024).

Licensing requirements do not apply…

  • To legally qualified physicians in other states or countries when called in consultation by an individual licensed to practice in the state who bears the responsibility for the patient’s diagnosis and treatment. However, regular or frequent consultation by such an unlicensed person, as determined by the licensing board, shall constitute the practice of medicine without a license; or
  • To any physician residing on the border of a neighboring state and duly authorized under the laws thereof to practice medicine therein, whose practice extends into this state, and who does not open an office or appoint a place to meet patients or to receive calls within this state; or
  • To regular or family physicians of persons not residents of this state, when called to attend them during a temporary stay in this state, provided such family physicians are legally registered in some state; or
  • To podiatry; or
  • To simple treatments such as massage or baths; or
  • To nurses in their legitimate occupations; or
  • To cases of emergency; or
  • To the administration of ordinary household remedies; or
  • To the advertising or sale of patent medicines; or
  • To those who endeavor to prevent or cure disease or suffering by spiritual means or prayer; or
  • No physician assistants or other paramedical personnel shall engage in the practice of optometry as defined in RSA 327:1 or perform any service rendered by an optician.
  • To such emergency medical services personnel as are approved and licensed by the commissioner of the department of safety under RSA 153-A.
  • Midwives certified pursuant to RSA 326-D and practicing midwifery pursuant to RSA 326-D:2, V.

SOURCE: NH Revised Statutes Annotated, 329:21, (Accessed Jul. 2024).

Creates a commission on primary care workforce issues. The commission will collect and review data and information that informs decisions and planning for the primary care workforce and looking for innovative ways for expanding New Hampshire’s primary care resources including, but not limited to, interstate collaboration and the use of telehealth.

Note: Section effective through Nov. 1, 2024

SOURCE: NH Revised Statutes Annotated, Title X Chapter 126-T:3, (Accessed Jul. 2024).

Telepsychology, telehealth, and telemedicine services, as provided by psychologists, include those psychology services that utilize electronic means, including audio, video, or other electronic media, to engage in visual or virtual presence in contemporaneous time. A New Hampshire tele-pass license shall be required for provision of such care to people in New Hampshire. Contacts that are exempt from this requirement are:

  • Persons exempted by 329-B:28.
  • Screenings for inclusion in voluntary research projects that have been properly approved by a New Hampshire based institutional review board.
  • Psychologists licensed by the board, who may provide tele-psychology services to a person within the state of New Hampshire without acquiring a tele-pass psychology license.
  • Persons exempted by RSA 329-D.

The tele-pass psychology licensee shall agree to conditions including, but not limited to, conditions stipulated by the board that the licensee shall:

  • Conform to all New Hampshire statutes and rules.
  • Agree that electronic attendance for appearances shall be deemed adequate for regulatory enforcement purposes and that in-person appearances by the licensee are optional and such associated costs for in-person attendance are the full responsibility of the tele-pass psychology licensee.
  • Understand that false statements or failure to comply with official requests and official orders shall constitute sufficient cause for revocation of the tele-pass psychology license.
  • Understand that all conditions of tele-pass psychology license to practice and enforcement shall be pursuant to New Hampshire law.
  • Grant the New Hampshire board of psychologists and its investigators authority to disclose to law enforcement and related regulatory authorities, at their discretion, information including but not limited to status of application, actions and information pertinent to investigations and enforcement of the laws and rules pertaining to the licensee’s conduct.
  • Not conduct face-to-face in-person psychological services in New Hampshire.

SOURCE: NH Revised Statutes Annotated 329-B:16, (Accessed Jul. 2024).

Last updated 07/16/2024

Definitions

“Telemedicine” means the use of audio, video, or other electronic media and technologies by a health care professional in one location to a patient at a different location for the purpose of diagnosis, consultation, or treatment, including the use of synchronous or asynchronous interactions.

“Telehealth” means the use of audio, video, or other electronic media and technologies by a health care professional in one location to a patient at a different location for the purpose of diagnosis, consultation, or treatment, including the use of synchronous or asynchronous interactions.

SOURCE: NH Revised Statutes 310:7. (Accessed Aug. 2024).

Telemedicine means the use of audio, video, or other electronic media for the purpose of diagnosis, consultation, or treatment.

SOURCE: NH Revised Statutes 330-A:15-b, NH Revised Statutes 327:1, NH Revised Statutes 326-D:12-aNH Revised Statutes 315:6a , NH Revised Statutes 316-A:15-a, (Accessed Aug. 2024).

“Telemedicine” means the use of audio, video, or other electronic media and technologies by a licensee in one location to a patient in a different location for the purpose of diagnosis, consultation, or treatment, including the use of synchronous or asynchronous interactions as defined in RSA 310:7.

SOURCE:  NH Revised Statutes 326-B:2, (Accessed Jul. 2024).

Telepsychology, telehealth, and telemedicine services, as provided by psychologists, include those psychology services that utilize electronic means, including audio, video, or other electronic media, to engage in visual or virtual presence in contemporaneous time.

SOURCE: NH Revised Statutes 329-B:16. (Accessed Jul. 2024).

“Telemedicine” means the use of audio, video, or other electronic media and technologies by a physician in one location to a patient in a different location for the purpose of diagnosis, consultation, or treatment, including the use of synchronous or asynchronous interactions as defined in RSA 310.

SOURCE:  NH Revised Statutes Annotated, 329:1-d-I; (Accessed Jul. 2024).

“Telemedicine” means the use of audio, video, or other electronic media for the purpose of optimizing individual and family health outcomes.

SOURCE: NH Revised Statutes 326-N:1 as proposed to be added by SB 403 (2024 Session). (Accessed Aug. 2024).

Last updated 07/16/2024

Licensure Compacts

Member of Audiology and Speech Language Pathology Compact.

SOURCE: ASLP-IC, Compact States, (Accessed Jul. 2024).

Member of Counseling Compact.

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

Member of the Interstate Medical Licensure Compact.

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

Member of the Nurse Licensure Compact.

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

Member of Occupational Therapy Compact.

SOURCE: Occupational Therapy Licensure Compact, Compact Map, (Accessed Jul. 2024).

Member of the Physical Therapy Compact.

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

Member of the Psychology Interjurisdictional Compact.

SOURCE: PSYPACT. Legislative Updates. (Accessed Jul. 2024).

Member of Social Worker Compact

SOURCE: Social Worker Compact, Compact Map, (Accessed Jul. 2024).

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

Last updated 07/16/2024

Miscellaneous

A Commission was created to study telehealth services and report to the legislature by December 1, 2022.

SOURCE: NH Revised Statutes 329:1-f.  (Accessed Jul. 2024).

Last updated 07/16/2024

Online Prescribing

“Physician-patient relationship” means a medical connection between a licensed physician and a patient that includes an in-person exam or an exam using telemedicine, as defined in RSA 310, provided the physician:

  • verifies the identity of the patient receiving health care services through telemedicine;
  • discloses to the patient the physician’s name, contact information, and the type of health occupation license held by the physician;
  • obtains oral or written consent from the patient or from the patient’s parent or guardian, if state law requires the consent of a parent or guardian for use of telemedicine services; and
  • meets the standard of care.

A physician shall complete or review a history, a diagnosis, a treatment plan appropriate for the licensee’s medical specialty, and documentation of all prescription drugs including name and dosage. A licensee may prescribe for a patient whom the licensee does not have a physician-patient relationship under the following circumstances: writing admission orders for a newly hospitalized patient; for a patient of another licensee for whom the prescriber is taking call; for a patient examined by a physician assistant, nurse practitioner, or other licensed practitioner; or for medication on a short-term basis for a new patient prior to the patient’s first appointment or when providing limited treatment to a family member in accordance with the American Medical Association Code of Medical Ethics. Prescribing drugs to individuals without a physician-patient relationship shall be unprofessional conduct subject to discipline under RSA 329:17, VI. The definition of a physician-patient relationship shall not apply to a physician licensed in another state who is consulting to a New Hampshire licensed physician with whom the patient has a relationship.

SOURCE: NH Revised Statutes Annotated, Sec. 329:1-c.  (Accessed Jul. 2024).

A physician licensed under this chapter may prescribe non-opioid and opioid controlled drugs classified in schedule II through IV by means of telemedicine after establishing a physician-patient relationship with the patient. When prescribing a non-opioid or opioid controlled drug classified in schedule II through IV by means of telemedicine a subsequent in-person exam shall be conducted by a practitioner licensed to prescribe the drug at intervals appropriate for the patient, medical condition, and drug, but not less than annually. The prescription authority under this paragraph shall be limited to a physician licensed under this chapter, or a physician assistant in accordance with RSA 328-D:3-b, and all prescribing shall be in compliance with all federal and state laws and regulations.

A physician providing services by means of telemedicine directly to a patient shall:

  • Use the same standard of care as used in an in-person encounter;
  • Maintain a medical record; and
  • Subject to the patient’s consent, forward the medical record to the patient’s primary care or treating provider, if appropriate.

A physician issuing a prescription for spectacle lenses, as defined in RSA 327-A:1, III, or a prescription for contact lenses, as defined in RSA 327-A:1, IV, by means of telemedicine directly to a patient shall:

  • Obtain an updated medical history at the time of prescribing;
  • Make a diagnosis at the time of prescribing;
  • Conform to the standard of care expected of in-person care as appropriate to the patient’s age and presenting condition, including when the standard of care requires the use of diagnostic testing and performance of a physical examination, which may be carried out through the use of peripheral devices appropriate to the patient’s condition;
  • Not determine an ophthalmic prescription solely by use of an online questionnaire; and
  • Upon request, provide patient records in a timely manner in accordance with the provisions of RSA 332-I and all other state and federal laws and regulations.

Under this section, Medicaid coverage for telehealth services shall comply with the provisions of 42 C.F.R. section 410.78 and RSA 167:4-d.

SOURCE: NH Revised Statutes Annotated, 329:1-d, (Accessed Jul. 2024).

An APRN licensed under this chapter may prescribe non-opioid and opioid controlled drugs classified in schedule II through IV by means of telemedicine after establishing an advanced practice registered nurse-patient relationship with the patient. When prescribing a non-opioid or opioid controlled drug classified in schedule II through IV by means of telemedicine a subsequent in-person exam shall be conducted by a practitioner licensed to prescribe the drug at intervals appropriate for the patient, medical condition, and drug, but not less than annually. The prescription authority under this paragraph shall be limited to an APRN licensed under this chapter, and all prescribing shall be in compliance with all federal and state laws and regulations.

SOURCE: NH Revised Statutes Annotated, 326-B:2 (Accessed Jul. 2024).

The prescribing of a non-opioid controlled drug classified in schedule II through IV by means of telemedicine shall be limited to prescribers as defined in RSA 329:1-d, I and RSA 326-B:2, XII(a).

Subsequent in-person exams shall be by a practitioner licensed to prescribe the drug at intervals appropriate for the patient, medical condition, and drug, but not less than annually.

The prescribing of an opioid controlled drug classified in schedule II through IV by means of telemedicine shall be limited to prescribers as defined in RSA 329:1-d, I and RSA 326-B:2, XII(a).

The prescription authority under this paragraph shall be limited to a practitioner licensed to prescribe the drug and in compliance with all federal laws, including the United States Drug Enforcement Agency registration or waiver when required.

SOURCE: NH Revised Statutes Annotated 318-B:2(XVI). (Accessed Jul. 2024).

A physician providing services by means of telemedicine directly to a patient shall:

  • Use the same standard of care as used in an in-person encounter;
  • Maintain a medical record; and
  • Subject to the patient’s consent, forward the medical record to the patient’s primary care or treating provider, if appropriate.

A physician issuing a prescription for spectacle lenses, as defined in RSA 327-A:1, III, or a prescription for contact lenses, as defined in RSA 327-A:1, IV, by means of telemedicine directly to a patient shall:

  • Obtain an updated medical history at the time of prescribing;
  • Make a diagnosis at the time of prescribing;
  • Conform to the standard of care expected of in-person care as appropriate to the patient’s age and presenting condition, including when the standard of care requires the use of diagnostic testing and performance of a physical examination, which may be carried out through the use of peripheral devices appropriate to the patient’s condition;
  • Not determine an ophthalmic prescription solely by use of an online questionnaire; and
  • Upon request, provide patient records in a timely manner in accordance with the provisions of RSA 332-I and all other state and federal laws and regulations.

Under this section, Medicaid coverage for telehealth services shall comply with the provisions of 42 C.F.R. section 410.78 and RSA 167:4-d.

SOURCE: NH Revised Statutes Annotated, 329:1-d (Accessed Jul. 2024).

Last updated 07/16/2024

Professional Board Standards

Explicit permission is given to specific professionals to provide services through use of telemedicine.  These professionals include:

  • Podiatrists
  • Chiropractic Examiners
  • Midwifery
  • Optometry
  • Ophthalmic dispensers
  • Naturopathic Medicine
  • Acupuncture
  • Psychologists
  • Dentists and dentistry
  • Alcohol and other drug use professional
  • Nurses (APRNs)
  • Mental Health Practice
  • Physicians and Surgeons
  • Medical technicians
  • Medical Imaging and Radiation Therapy
  • Certified Community Health Workers

SOURCE: NH Revised Statutes 315:6a , NH Revised Statutes 316-A:15-a, NH Revised Statutes 326-D:12-a, NH Revised Statutes 327:25-c, NH Revised Statutes 327-A:12-a, NH Revised Statutes 328-E:4, NH Revised Statutes 328-G:10, NH Revised Statutes 329-B:16, NH Revised Statutes Annotated, 317-A:7-B. NH Revised Statutes 330-C:14-a , NH Revised Statutes 326-B:2NH Revised Statutes 330-A:15-b, NH Revised Statutes 329:1-d, NH Revised Statutes 328-I:16, NH Revised Statutes 328-J:12-a, NH Revised Statutes 326-N:7 as proposed to be added by SB 403 (2024 Session). (Accessed Jul. 2024).

Individuals licensed, certified, or registered pursuant to RSA 137-F; RSA 151-A; RSA 315; RSA 316-A; RSA 317-A; RSA 326-B; RSA 326-D; RSA 326-H; RSA 327; RSA 328-D; RSA 328-E; RSA 328-F; RSA 328-G; RSA 329-B; RSA 330-A; RSA 330-C; RSA 327-A; RSA 329; RSA 326-B; RSA 318; RSA 328-I; RSA 328-J; or RSA 332-B may provide services through telemedicine or telehealth, provided the services rendered are authorized by scope of practice. Nothing in this provision shall be construed to expand the scope of practice for individuals regulated under this chapter.

An individual providing services by means of telemedicine or telehealth directly to a patient shall:

  • Use the same standard of care as used in an in-person encounter;
  • Maintain a medical record;
  • Subject to the patient’s consent, forward the medical record to the patient’s primary care or treating provider, if appropriate; and
  • Provide meaningful language access if the individual is practicing in a facility that is required to ensure meaningful language access to limited-English proficient speakers pursuant to 45 C.F.R. section 92.101 or RSA 354-A, or to deaf or hard of hearing individuals pursuant to 45 C.F.R. section 92.102, RSA 521-A, or RSA 354-A.

Under this section, Medicaid coverage for telehealth services shall comply with the provisions of 42 C.F.R. section 410.78 and RSA 167:4-d.

SOURCE: NH Revised Statute 310-7, (Accessed Jul. 2024).

A board of medical imaging professionals and radiation therapists shall adopt rules relative to standards of care for the practice of telemedicine or telehealth.

SOURCE: NH Revised Statutes Annotated, 328-J:7-XIII. (Accessed Jul. 2024).