COVID-19: Colorado Issues Emergency Order to Expand Use of Telehealth Services

13 April 2020 Blog
Author(s): Emily K. Weber
Published To: Coronavirus Resource Center:Back to Business Health Care Law Today

To expand the use of telehealth services during the COVID-19 emergency, Colorado Governor Jarod Polis issued Executive Order D 2020 020 (the Order) on April 1, 2020. The Order temporarily suspends or alters certain telehealth statutes in order to increase access and availability of telehealth services. 

The key provisions of the Order, which will remain in place for 30 days, are summarized below.

Health Benefit Plan Coverage of Telehealth Services

The Order temporarily suspends the statutory definition and exclusions of “telehealth” under the health care insurance laws (see Colo. Rev. Stat. § 10-16-123(4)(e)) to expand the scope of services that can be provided via telehealth during this time. Under these suspensions, telehealth services covered by insurance can include voice-only telephone communication, text messaging, fax, and/or email. Under the Order, reimbursement of telehealth services is not subject to all the terms and conditions of the health benefit plan. The Order also suspends the statutory provision that health benefit plans are not required to reimburse consultations provided by telephone or fax unless those consultations were provided through HIPAA-compliant interactive audio-visual communication or HIPAA compliant cell phone application. 

Expanded Out-of-State Telehealth Providers Licensure Exception

Out-of-state psychologists, marriage and family therapists, clinical social workers, professional counselors, and addiction counselors may temporarily exceed the statutory maximum twenty days per year of performing activities or services in Colorado without being licensed in Colorado.

Health care providers should keep in mind that this is a quickly evolving situation and legal changes and waivers are being promulgated on a daily basis. Thus, health care providers should consult with legal counsel or applicable regulatory agencies related to any future legal developments. Health care providers should take additional steps now to mitigate the risk of suffering negative impacts from the coronavirus. 

For more information, please contact your Foley relationship partner or the Foley colleagues listed below. For additional web-based resources available to assist you in monitoring the spread of the coronavirus on a global basis, you may wish to visit the websites of the CDC and the World Health Organization

Foley has created a multi-disciplinary and multi-jurisdictional team to respond to COVID 19, which has prepared a wealth of topical client resources and is prepared to help our clients meet the legal and business challenges that the coronavirus outbreak is creating for stakeholders across a range of industries. Click here for Foley’s Coronavirus Resource Center to stay apprised of relevant developments, insights and resources to support your business during this challenging time. To receive this content directly in your inbox, click here and submit the form. 

For more information on telemedicine, telehealth, virtual care, remote patient monitoring, digital health, and other health innovations, including the team, publications, and representative experience, visit Foley’s Telemedicine & Digital Health Industry Team Page.

This blog is made available by Foley & Lardner LLP (“Foley” or “the Firm”) for informational purposes only. It is not meant to convey the Firm’s legal position on behalf of any client, nor is it intended to convey specific legal advice. Any opinions expressed in this article do not necessarily reflect the views of Foley & Lardner LLP, its partners, or its clients. Accordingly, do not act upon this information without seeking counsel from a licensed attorney. This blog is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Communicating with Foley through this website by email, blog post, or otherwise, does not create an attorney-client relationship for any legal matter. Therefore, any communication or material you transmit to Foley through this blog, whether by email, blog post or any other manner, will not be treated as confidential or proprietary. The information on this blog is published “AS IS” and is not guaranteed to be complete, accurate, and or up-to-date. Foley makes no representations or warranties of any kind, express or implied, as to the operation or content of the site. Foley expressly disclaims all other guarantees, warranties, conditions and representations of any kind, either express or implied, whether arising under any statute, law, commercial use or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Foley or any of its partners, officers, employees, agents or affiliates be liable, directly or indirectly, under any theory of law (contract, tort, negligence or otherwise), to you or anyone else, for any claims, losses or damages, direct, indirect special, incidental, punitive or consequential, resulting from or occasioned by the creation, use of or reliance on this site (including information and other content) or any third party websites or the information, resources or material accessed through any such websites. In some jurisdictions, the contents of this blog may be considered Attorney Advertising. If applicable, please note that prior results do not guarantee a similar outcome. Photographs are for dramatization purposes only and may include models. Likenesses do not necessarily imply current client, partnership or employee status.