Workers Compensation Board Issues Permanent Rules for Telehealth Services
After three years of temporary authorization, the New York State Workers’ Compensation Board (WCB) has released its permanent rule to permit coverage for injured workers’ medical care using Telehealth. The rule enables coverage for telehealth delivered care from physicians and other WCB-authorized providers after an initial in-person exam with a new injured worker patient.
Specifically, the regulation would require that, for the first 3 months following an injury, every third clinical encounter be in-person. After this initial period, telehealth coverage will continue to be authorized at the discretion of the physician, though the injured worker patient must be seen in person every three months. When the patient has reached Maximum Medical Improvement (MMI), use of telehealth is at the discretion of the physician, though the patient would be required to be treated in-person at least annually.
The periodic in-person treatment requirement is not applicable to mental health providers, although they must document the reason for virtual visits.
The rule also authorizes providers who utilize the Official New York State Workers’ Compensation Fee Schedule to bill using the applicable Evaluation and Management codes when Telehealth services are delivered by audio and visual communication, as well as audio-only. The policy was first adopted to mitigate health and safety risks during the ongoing pandemic and because Telehealth has proven to be an effective tool in providing care for injured workers.
