Minnesota Telehealth Laws and Regulations: 2026 Compliance Guide

Definition of Telehealth

Minnesota’s Telehealth parity law, cited as the Minnesota Telehealth Act, defines telehealth as the delivery of health care services or consultations using real-time, two-way interactive audio and visual communications. It explicitly includes secure videoconferencing and store-and-forward technology used to support assessment, diagnosis, treatment, education, and care management.

Telehealth does not include email or fax-only exchanges, or provider-to-provider phone calls that lack patient involvement. Telemonitoring is treated separately in statute; while covered when clinical criteria are met, it is not classified as “telehealth” for parity purposes.

Key state telehealth compliance standards require you to use HIPAA-compliant, industry-standard technology. Carriers cannot mandate a specific platform if your solution meets those standards.

Coverage and Parity Requirements

Commercial health plans sold, issued, or renewed in Minnesota must cover benefits delivered through telehealth in the same manner as in-person care. Plans may not restrict coverage based on geography, patient location, or the compliant communication technology you use.

Payment parity applies: carriers must reimburse services delivered through telehealth on the same basis and at the same rate as the equivalent in‑person service. Cost sharing for telehealth (deductibles, copays, coinsurance) cannot exceed what applies to the same service in person, and prior authorization rules must mirror in‑person requirements.

Carriers may apply reasonable medical management or documentation safeguards, but these cannot be unduly burdensome. For telemonitoring, commercial plans must cover services when clinical criteria are met, recognizing that telemonitoring is distinct from telehealth under statute.

Public program carve‑out: the Minnesota Telehealth Act’s commercial parity provisions do not govern Minnesota Health Care Programs (MHCP/Medicaid). MHCP instead follows DHS policy, which sets its own coverage, billing, and documentation rules for telehealth.

Audio-Only Communication Standards

Audio-only telehealth provisions remain in effect through July 1, 2027. Audio-only is permitted when there is a scheduled appointment and the standard of care for that service can be met without video. For mental health services legislation and substance use disorder treatment, unscheduled audio-only may be used when the enrollee is in an emergency or crisis situation and an immediate response is required.

Operational guardrails include: verifying the patient’s identity and physical location at each encounter; documenting why audio-only satisfies the standard of care; and offering a video or in-person alternative when clinically appropriate. Services that inherently require physical examination, objective measurements, or visual assessment should not be handled by audio-only.

MHCP-specific notes: providers must have a Telehealth Provider Assurance Statement on file and use correct billing indicators (for example, Modifier 93 for audio-only, and the appropriate place-of-service code). Maintain complete records of time in/out, modality used, and clinical rationale.

Establishing Physician-Patient Relationships

Minnesota law allows you to establish a physician‑patient relationship through telehealth. Once established, you are held to the same standards of practice and professional conduct as for in‑person care, including informed consent, continuity of care, and comprehensive documentation.

Maintain records in accordance with Minnesota’s Health Records Act. Prescribing—particularly for controlled substances—must follow all applicable federal and state rules, and your documentation should reflect that telehealth delivery met the prevailing standard of care.

Interstate Telehealth Practice

Out-of-state physicians may treat Minnesota patients via telehealth by obtaining Minnesota Board of Medical Practice registration (telemedicine registration) instead of a full in‑state license, provided statutory conditions are met. Core requirements include holding an unrestricted license in the state of practice, not opening an office or meeting patients in Minnesota in person, and renewing registration annually.

Limited exemptions to registration exist, such as responding to an emergency medical condition, providing services less than once per month or to fewer than ten Minnesota patients per year, or consulting with a Minnesota‑licensed physician who retains ultimate authority over the patient’s care. Regardless of pathway, you consent to Minnesota jurisdiction and must comply with Minnesota health records and privacy laws when serving patients located in Minnesota.

Telemedicine licensure reciprocity is also available through the Interstate Medical Licensure Compact (IMLC), which Minnesota participates in. The IMLC offers an expedited route to obtain a Minnesota license or additional state licenses when your credentials meet compact criteria.

Telehealth in Education Programs

Minnesota supports telehealth delivery in education settings to expand access to student services. A student may use a school‑issued device to receive mental health care through telehealth, if consistent with district or school device policies and privacy safeguards.

For Medicaid‑covered school services, including IEP health‑related services, districts and cooperatives must comply with MHCP telehealth policy. This includes completing the Telehealth Provider Assurance Statement, ensuring qualified providers deliver care, protecting student privacy, and documenting service times, modality, and clinical content to support claims.

Electronic Visit Verification Compliance

Electronic Visit Verification (EVV) is mandatory for specified in‑home and community‑based services (for example, personal care, home health, and CFSS). Minnesota uses a hybrid EVV model with HHAeXchange as the state data aggregator. Providers may use the state‑selected system or a compliant third‑party system that integrates with HHAeXchange, but all must enroll with HHAeXchange and submit all required visit data.

Required EVV data elements

• Type of service performed
• Person who received the service
• Date of service and location of service delivery
• Caregiver who provided the service
• Start and end times of the service

Verification methods and live‑in rules

Real‑time verification is expected via an approved method (mobile app, IVR/telephony, or fixed‑object device). Manually entered or corrected visits are noncompliant unless you are documenting daily entries for verified live‑in caregivers per DHS rules; ensure live‑in status is properly flagged so those entries do not depress compliance percentages.

2026 enforcement timeline

• January 1, 2026: minimum 50% EVV compliance for billed visits; DHS begins quarterly reviews and issues corrective actions to providers below threshold.
• July 1, 2026: minimum 80% EVV compliance for billed visits; DHS may escalate corrective actions and payment sanctions for noncompliance.

Provider responsibilities

• Enroll all applicable NPIs/UMPIs with HHAeXchange; keep enrollment current.
• Submit all visits (including incomplete or noncompliant) to the aggregator.
• Monitor monthly HHAeXchange compliance reports and correct issues quickly.
• Train staff on EVV procedures; maintain documentation to support claims and audits.

Summary

For 2026, align your operations to Minnesota’s state telehealth compliance standards: use HIPAA‑compliant tech, apply commercial coverage and payment parity, follow audio‑only provisions through July 1, 2027, and document thoroughly. If you serve Minnesota patients from out of state, secure Minnesota Board of Medical Practice registration or use IMLC pathways. In schools, follow MHCP telehealth rules for IEP services. Finally, meet DHS EVV thresholds on time to avoid corrective actions and payment risk.

FAQs

What defines telehealth under Minnesota law?

Telehealth means delivering health care services or consultations using real‑time, two‑way interactive audio‑visual communications, and includes secure videoconferencing and store‑and‑forward technology used for assessment, diagnosis, treatment, education, and care management. Email and fax‑only exchanges, and provider‑to‑provider calls without the patient, are not telehealth. Telemonitoring is covered separately.

How is coverage parity enforced for telehealth services?

Commercial carriers must cover telehealth like in‑person care, reimburse at the same rate, and apply the same prior authorization rules and cost sharing as the equivalent face‑to‑face service. Carriers cannot limit coverage by geography or compliant technology, nor force you onto a specific platform if your solution meets HIPAA and industry standards. MHCP applies separate DHS telehealth policies.

What are the rules for audio-only telehealth communications?

Audio‑only is permitted through July 1, 2027 when there is a scheduled appointment and the standard of care can be met without video. For mental health and substance use disorder services, audio‑only may also be used during an emergency or crisis initiated by the enrollee when an immediate response is necessary. Document identity, location, modality, and clinical rationale; MHCP requires correct modifiers and an assurance statement on file.

Can out-of-state physicians provide telehealth services in Minnesota?

Yes. Out‑of‑state physicians can either obtain a Minnesota license (including via the Interstate Medical Licensure Compact’s expedited process) or register with the Minnesota Board of Medical Practice under the telemedicine registration pathway, if statutory conditions are met. Limited exemptions exist for emergencies, infrequent services, or consultations where a Minnesota‑licensed physician retains ultimate authority.

What are the requirements for Electronic Visit Verification compliance?

Use an approved EVV method (mobile app, IVR, or fixed device) and submit all visits to HHAeXchange with required data elements (recipient, caregiver, service type, date, location, and start/stop times). Enroll all relevant NPIs/UMPIs, monitor monthly compliance reports, and meet DHS thresholds—50% starting January 1, 2026, and 80% by July 1, 2026. DHS may issue corrective actions or impose payment sanctions for noncompliance.