1-1 AN ACT
1-2 relating to telemedicine services provided under the Medicaid and
1-3 Medicare programs.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 531, Government Code, is
1-6 amended by adding Section 531.0215 to read as follows:
1-7 Sec. 531.0215. PARTICIPATION AND REIMBURSEMENT OF
1-8 TELEMEDICINE SERVICE PROVIDERS UNDER MEDICAID. (a) The commission
1-9 by rule shall develop and implement a system to reimburse providers
1-10 of services under the state Medicaid program for services performed
1-11 using telemedicine.
1-12 (b) In developing the system, the commission shall:
1-13 (1) review programs and pilot projects in other states
1-14 to determine the most effective method for reimbursement;
1-15 (2) establish billing codes and a fee schedule for
1-16 services; and
1-17 (3) provide for an approval process before a provider
1-18 can receive reimbursement for services.
1-19 (c) The commission shall encourage teaching hospitals, small
1-20 rural hospitals, federally qualified health centers, and
1-21 state-owned health care facilities to participate as telemedicine
1-22 service providers in the health care delivery system. The
1-23 commission may not require that a service be provided to a patient
1-24 through telemedicine when the service can reasonably be provided by
2-1 a physician through a face-to-face consultation with the patient in
2-2 the community in which the patient resides or works. This
2-3 subsection does not prohibit the authorization of the provision of
2-4 any service to a patient through telemedicine at the patient's
2-5 request.
2-6 (d) Subject to Section 5.11, Medical Practice Act (Article
2-7 4495b, Vernon's Texas Civil Statutes), the commission may adopt
2-8 rules as necessary to implement this section.
2-9 (e) In this section, "telemedicine" has the meaning assigned
2-10 by Section 3.606, Public Utility Regulatory Act of 1995 (Article
2-11 1446c-0, Vernon's Texas Civil Statutes).
2-12 SECTION 2. Subchapter E, Medical Practice Act (Article
2-13 4495b, Vernon's Texas Civil Statutes), is amended by adding Section
2-14 5.11 to read as follows:
2-15 Sec. 5.11. RULES REGARDING TELEMEDICINE SERVICES. The
2-16 board, in consultation with the Health and Human Services
2-17 Commission and the commissioner of insurance, may adopt rules as
2-18 necessary to:
2-19 (1) ensure that appropriate care is provided to
2-20 Medicaid and Medicare patients who receive services that are
2-21 provided through telemedicine; and
2-22 (2) prevent abuse and fraud in the use of telemedicine
2-23 services for Medicaid and Medicare patients, including rules
2-24 relating to filing of claims and records required to be maintained
2-25 in relation to telemedicine.
2-26 SECTION 3. As soon as practicable after the effective date
2-27 of this Act, Texas Tech University Health Sciences Center, with the
3-1 cooperation of the Health and Human Services Commission, shall
3-2 contact the Health Care Financing Administration regarding approval
3-3 of the federal waiver submitted before the effective date of this
3-4 Act to allow Texas Tech University Health Sciences Center to
3-5 receive reimbursement under the federal research and demonstration
3-6 project for telemedicine services provided under the Medicare
3-7 program.
3-8 SECTION 4. The importance of this legislation and the
3-9 crowded condition of the calendars in both houses create an
3-10 emergency and an imperative public necessity that the
3-11 constitutional rule requiring bills to be read on three several
3-12 days in each house be suspended, and this rule is hereby suspended,
3-13 and that this Act take effect and be in force from and after its
3-14 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2017 was passed by the House on May
7, 1997, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 2017 on May 23, 1997, and requested
the appointment of a conference committee to consider the
differences between the two houses; and that the House adopted the
conference committee report on H.B. No. 2017 on May 30, 1997, by
the following vote: Yeas 145, Nays 0, 1 present, not voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2017 was passed by the Senate, with
amendments, on May 21, 1997, by the following vote: Yeas 31, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
2017 on May 31, 1997, by the following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor