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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsSeptember 2014

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Delaware Health and Social Services ("Department") / Division of Medicaid and Medical Assistance (DMMA) initiated proceedings to submit a state plan amendment regarding telemedicine, specifically, to clarify provider types authorized to deliver medically necessary services via telemedicine. The Department's proceedings to amend its regulations were initiated pursuant to 29 Delaware Code Section 10114 and its authority as prescribed by 31 Delaware Code Section 512.
The Department published its notice of proposed regulation changes pursuant to 29 Delaware Code Section 10115 in the July 2014 Delaware Register of Regulations, requiring written materials and suggestions from the public concerning the proposed regulations to be produced by July 31, 2014 at which time the Department would receive information, factual evidence and public comment to the said proposed changes to the regulations.
42 CFR 410.78, Telehealth services
We endorse the proposed amendment. Consistent with the attached June 16, 2014 Delaware News Journal article, telemedicine offers a useful option for individuals with disabilities seeking specialty care, particularly downstate residents. The attached April 12, 2014 Delaware News Journal article also reinforces the merits of telemedicine and predicts that Smartphone applications and body sensors will evolve to support telemedicine. The article notes the advantage of avoiding a doctor's office "only to wait in line with patients who have other diseases that we may catch."
Agency Response: DMMA thanks both Councils for their endorsement.
THEREFORE, IT IS ORDERED, that the proposed regulation telemedicine, specifically, to clarify provider types authorized to deliver medically necessary services via telemedicine is adopted and shall be final effective September 10, 2014.
State/Territory: DELAWARE
DMAP covers medically necessary telemedicine services and procedures covered under the Title XIX State Plan. Qualifying provider services include any covered State Plan services that would typically be provided to an eligible individual in a face-to-face setting by an enrolled provider. Telemedicine is not limited based on the diagnosed medical condition of the eligible recipient. All telemedicine services must be furnished within the limits of provider program policies and within the scope and practice of the provider’s professional standards as described and outlined in DMAP Provider Manuals which can be found at:
Last Updated: December 31 1969 19:00:00.
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