<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".08" citation="COMAR 31.10.44.08" title_num="31" subtitle_num="10" chapter_num="44" heading="Telehealth.">
  <paragraph num="A.">
    <text>Telehealth Utilization Data Reporting.</text>
    <paragraph num="(1)">
      <text>For annual access plans submitted on or after July 1, 2024, a carrier shall report the following data on telehealth utilization for the calendar year prior to submission of the annual access plan:</text>
      <paragraph num="(a)">
        <text>The total number of in-network telehealth claims for each provider type and facility type listed in Regulation .05 of this chapter in each of the urban, rural, and suburban areas and in each Maryland county and Baltimore City; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The percentage of total in-network claims for each provider type and facility type listed in Regulation .05 of this chapter in each of the urban, rural, and suburban areas and in each Maryland county and Baltimore City that are in-network telehealth claims.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The geographic area for claims data described in §A(1) of this regulation shall be based on:</text>
      <paragraph num="(a)">
        <text>The enrollee’s place of residence; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>When an enrollee’s place of employment is used instead of residence to calculate travel distance under Regulation .05B of this chapter for a group model HMO, place of employment from which the enrollee gains eligibility for participation in the health benefit plan.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Travel Distance Credit.</text>
    <paragraph num="(1)">
      <text>Subject to approval by the Commissioner as described in §B(5) of this regulation, when calculating the enrollee travel distance for each provider type under Regulation .05A and B of this chapter, a carrier may apply a per-enrollee telehealth mileage credit in a geographic area where the applicable maximum travel distance standard is not met as measured between the practicing location of the nearest provider and the enrollee’s place of residence or, at the option of a group model HMO, place of employment from which the enrollee gains eligibility for participation in the health benefit plan.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The telehealth mileage credit described in §B(1) of this regulation shall be:</text>
      <paragraph num="(a)">
        <text>Five miles for an enrollee with a residence or, for a group model HMO, place of employment from which the enrollee gains eligibility for participation in the health benefit plan, in an urban geographic area;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Ten miles for an enrollee with a residence or, for a group model HMO, place of employment from which the enrollee gains eligibility for participation in the health benefit plan, in a suburban geographic area; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Fifteen miles for an enrollee with a residence or, for a group model HMO, place of employment from which the enrollee gains eligibility for participation in the health benefit plan, in a rural geographic area.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>The telehealth mileage credit described in §B(1) of this regulation may be applied to a maximum of 10 percent of enrollees for each provider type in each of the urban, rural, or suburban geographic areas.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>A carrier seeking to apply the telehealth mileage credit described in §B(1) of this regulation shall identify:</text>
      <paragraph num="(a)">
        <text>Each provider type and geographic area to which the credit is being applied;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The percentage of enrollees for which the carrier met the travel distance standard for the provider type and geographic area before the credit was applied; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The percentage of enrollees for which the carrier met the travel distance standard for the provider type and geographic area after the credit was applied.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>The Commissioner may approve the telehealth mileage credit described in §B(1) of this regulation if the carrier sufficiently demonstrates that it provides coverage for and access to clinically appropriate telehealth services from participating providers for the provider type and geographic area to which the credit is being applied, in accordance with the documentation requirements of §D of this regulation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Appointment Waiting Time Credit.</text>
    <paragraph num="(1)">
      <text>Subject to approval by the Commissioner as described in §C(3) of this regulation, when determining whether the carrier’s provider panel meets the waiting time standards under Regulation .06E of this chapter for at least 90 percent of appointments in each category, a carrier may apply a telehealth credit of up to 10 percentage points for each appointment category where the standard is not met.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A carrier seeking to apply the telehealth credit described in §C(1) of this regulation shall identify:</text>
      <paragraph num="(a)">
        <text>Each appointment type to which the credit is being applied;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The percentage of appointments for which the carrier met the waiting time standard before the credit was applied; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The percentage of appointments for which the carrier met the waiting time standard after the credit was applied.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>The Commissioner may approve the telehealth credit described in §C(1) of this regulation if a carrier sufficiently demonstrates, in accordance with the documentation requirements of §D of this regulation, that:</text>
      <paragraph num="(a)">
        <text>The carrier provides coverage for and access to clinically appropriate telehealth services from participating providers for the appointment type to which the credit is being applied;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The carrier provides coverage for a corresponding in-person service if the enrollee chooses not to elect utilization of a telehealth service; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The carrier establishes, maintains, and adheres to written policies and procedures to assist enrollees for whom a telehealth service is not clinically appropriate, not available, or not accessible with obtaining timely access to an in-person appointment within a reasonable travel distance with:</text>
        <paragraph num="(i)">
          <text>A participating provider; or</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>A nonparticipating provider at no greater cost to the enrollee than if the service was obtained from a participating provider.</text>
        </paragraph>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Required Documentation.</text>
    <paragraph num="(1)">
      <text>A carrier seeking to apply the telehealth credit described in §B(1) or C(1) of the regulation shall submit the following documentation to demonstrate that it provides coverage for and access to clinically appropriate telehealth services as described in §§B(5) and C(3)(a) of this regulation:</text>
      <paragraph num="(a)">
        <text>A description of any requirements imposed or incentives provided for participating providers to offer telehealth services;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A detailed description of all telehealth services offered under the health benefit plans issued by the carrier in Maryland that use the provider panel including:</text>
        <paragraph num="(i)">
          <text>Telehealth modalities covered;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Types of platforms through which participating providers may deliver telehealth;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Whether the carrier offers or provides services through a telehealth-only vendor or platform, and which types of services are provided on this basis;</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Whether the carrier arranges for telehealth services to be available on a 24/7 basis, and which types of services are provided on this basis;</text>
        </paragraph>
        <paragraph num="(v)">
          <text>Whether the carrier arranges for telehealth kiosks to be installed and maintained in convenient locations throughout Maryland; and</text>
        </paragraph>
        <paragraph num="(vi)">
          <text>The specific services available through telehealth for each provider type and appointment type to which the telehealth credit is being applied;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(c)">
        <text>Evidence that telehealth is clinically appropriate and available for the services performed by each provider type and for each appointment type to which the telehealth credit is being applied, which may include:</text>
        <paragraph num="(i)">
          <text>Actual telehealth utilization data comparing telehealth claims for the specific provider type or appointment type to telehealth claims for all provider types or appointment types;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Actual telehealth utilization data comparing telehealth claims for the specific provider type or appointment type to all claims for the same provider type or appointment type;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Survey results or attestations from participating providers indicating that telehealth is offered for the services performed by the specific provider type or for the specific appointment type;</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Enrollee survey results indicating that enrollees have the willingness and ability to use telehealth services for the specific provider type or appointment type; and</text>
        </paragraph>
        <paragraph num="(v)">
          <text>Other documentation that, in the discretion of the Commissioner, demonstrates the clinical appropriateness and availability of telehealth services for the provider type or appointment type to which the credit is being applied; and</text>
        </paragraph>
      </paragraph>
      <paragraph num="(d)">
        <text>For the telehealth mileage credit described in §B(1) of this regulation, evidence that telehealth services in general are available and accessible in the zip codes where the telehealth mileage credit is being applied to enrollee’s residence or place of employment, which may include:</text>
        <paragraph num="(i)">
          <text>Actual telehealth utilization data comparing the ratio of telehealth claims to in-person claims for all types of services on the aggregate in the geographic area of the zip codes where the credit is being applied to the ratio of telehealth claims to in-person claims for all types of services on the aggregate statewide;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Enrollee survey results indicating that enrollees have the willingness and ability to use telehealth services in general in the geographic area where the credit is being applied; and</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Other documentation that, in the discretion of the Commissioner, demonstrates the availability and accessibility of telehealth services in the zip codes where the credit is being applied.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>A carrier seeking to apply the telehealth credit described in §C(1) of the regulation shall submit the following documentation to demonstrate that it provides coverage for a corresponding in-person service and that it establishes, maintains, and adheres to written policies and procedures to assist enrollees with obtaining timely access to an in-person appointment as described in §C(3)(b)—(c) of this regulation:</text>
      <paragraph num="(a)">
        <text>Excerpts from actual plan materials describing benefits for telehealth and in-person services;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Copies of the actual written policies and procedures;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>A description of any information, outreach, and educational materials the carrier provides to enrollees informing them of the assistance available from the carrier to assist with obtaining a timely appointment;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>A description of whether the carrier provides assistance on a 24/7 basis to guide enrollees needing urgent care after normal business hours to an appropriate provider, including assistance provided through a customer service telephone option or a contracted telehealth triage service; and</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Evidence that the carrier ensures, in practice, that enrollees are able to obtain timely access to an in-person appointment as described in §C(3)(c) of this regulation, which may include:</text>
        <paragraph num="(i)">
          <text>Documentation of the number of enrollees the carrier assisted with getting appointments within the applicable waiting time standard under Regulation .06E of this chapter;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Documentation of the number of appointments with a nonparticipating provider for the appointment type to which the credit is being applied where the enrollee received services at no greater cost than if the service was obtained from a participating provider;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Enrollee survey results indicating satisfaction with the carrier’s efforts to provide assistance with obtaining a timely in-person appointment; and</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Other documentation that, in the discretion of the Commissioner, demonstrates that the carrier regularly assists enrollees in obtaining timely in-person appointments.</text>
        </paragraph>
      </paragraph>
    </paragraph>
  </paragraph>
</regulation>