If patient is in a different state than the clinician, telehealth video counseling still uses modifier 5902?

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When telehealth crosses state lines, the deciding factor is licensure and practice rules in the patient’s state. You must be authorized to practice there—often requiring licensure in that state or a qualifying arrangement (such as a multi-state license or telemedicine compact) and adherence to that state's scope of practice.

Because of these regulatory requirements, whether you use a specific telehealth claim modifier isn’t universal. Payer policies and coding conventions differ, so some payers may require a telehealth modifier, while others do not, or may use a different code entirely. In short, cross-state telehealth hinges on licensure and practice rules, and the use of modifier 5902 depends on payer guidance rather than simply on the fact that the patient and clinician are in different states.