76R14452 E                           
         By Gray                                                H.B. No. 517
         Substitute the following for H.B. No. 517:
         By McClendon                                       C.S.H.B. No. 517
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to Medicaid reimbursement for certain medical
 1-3     consultations.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 531.047, Government Code, as added by
 1-6     Chapter 1251, Acts of the 75th Legislature, Regular Session, 1997,
 1-7     is amended by amending Subsections (a), (b), (c), (d), and (e) and
 1-8     adding Subsection (h) to read as follows:
 1-9           (a)  In this section:
1-10                 (1)  "Health professional" means an advanced nurse
1-11     practitioner, an allied health professional, a mental health
1-12     professional, a physician, or a physician assistant who is licensed
1-13     in this state.
1-14                 (2)  "Rural county" means a county that:
1-15                       (A)  has [with] a population of [less than]
1-16     50,000 or less; or
1-17                       (B)  contains an area that was not designated as
1-18     an urban area by the United States Bureau of the Census according
1-19     to the 1990 federal census and does not have within the boundaries
1-20     of the county a hospital that:
1-21                             (i)  is licensed under Chapter 241, Health
1-22     and Safety Code; and
1-23                             (ii)  has less than 100 beds.
1-24                 (3)  "Rural health facility" means a health facility
 2-1     that is located in a rural county and at least 30 miles from any
 2-2     accredited medical school or any teaching hospital affiliated with
 2-3     an accredited medical school and that is:
 2-4                       (A)  a hospital that:
 2-5                             (i)  is licensed under Chapter 241, Health
 2-6     and Safety Code;
 2-7                             (ii)  is owned or operated by a
 2-8     municipality, county, hospital district, or hospital authority; and
 2-9                             (iii)  provides inpatient or outpatient
2-10     services [licensed, nonprofit hospital]; or
2-11                       (B)  a health clinic that is affiliated with:
2-12                             (i)  an accredited medical school; [or]
2-13                             (ii)  a teaching hospital that is
2-14     affiliated with an accredited medical school;
2-15                             (iii)  a hospital described by Paragraph
2-16     (A); or
2-17                             (iv)  a federally-qualified health center,
2-18     as defined by 42 U.S.C. Section 1396d(l)(2)(B), as amended.
2-19                 (4)  "Telemedical consultation" means a medical
2-20     consultation for purposes of patient diagnosis or treatment that
2-21     requires the use of advanced telecommunications technology,
2-22     including:
2-23                       (A)  compressed digital interactive video, audio,
2-24     or data transmission;
2-25                       (B)  clinical data transmission via computer
2-26     imaging for teleradiology or telepathology; and
2-27                       (C)  other technology that facilitates access in
 3-1     rural counties to health care services or medical specialty
 3-2     expertise.
 3-3           (b)  The commission by rule shall require each health and
 3-4     human services agency that administers a part of the Medicaid
 3-5     program to provide Medicaid reimbursement for a telemedical
 3-6     consultation provided by:
 3-7                 (1)  a physician licensed in this state who practices
 3-8     in:
 3-9                       (A) [(1)]  a rural health facility;
3-10                       (B) [(2)]  an accredited medical school; or
3-11                       (C) [(3)]  a teaching hospital that is affiliated
3-12     with an accredited medical school; or
3-13                 (2)  a health professional who provides the telemedical
3-14     consultation for a patient who resides in an area designated as a
3-15     medically underserved area or a health professionals shortage area
3-16     if:
3-17                       (A)  the medical examination of the patient is
3-18     under the control of the consultant health professional;
3-19                       (B)  the consultation involves the participation
3-20     of the health professional who obtains the consultation as
3-21     appropriate to meet the medical needs of the patient and as
3-22     necessary to provide information requested by the consultant health
3-23     professional; and
3-24                       (C)  the results of the consultation are provided
3-25     in a written report to the health professional who obtains the
3-26     consultation.
3-27           (c)  The commission shall ensure that reimbursement is
 4-1     provided only for a consultation provided by:
 4-2                 (1)  a physician described in Subsection (b) to a
 4-3     health professional who practices in a rural county; or
 4-4                 (2)  a health professional described in Subsection (b)
 4-5     to a health professional who practices in an area designated as a
 4-6     medically underserved area or a health professionals shortage area.
 4-7           (d)  The commission shall require reimbursement for a
 4-8     telemedical consultation at the same rate as the Medicaid program
 4-9     reimburses for a comparable in-person consultation.  A request for
4-10     reimbursement may not be denied solely because an in-person
4-11     consultation between a physician or another health professional who
4-12     provides the telemedical consultation and a patient did not occur.
4-13           (e)  A health care facility that receives reimbursement under
4-14     this section for consultations provided by physicians or other
4-15     health professionals who practice in that facility and a health
4-16     professional who obtains consultations under this section shall
4-17     establish quality of care protocols and patient confidentiality
4-18     guidelines to ensure that telemedical consultations meet legal
4-19     requirements and acceptable patient care standards.
4-20           (h)  The commissioner shall establish an advisory committee
4-21     to assist the commission in developing policies for telemedical
4-22     consultations under this section.
4-23           SECTION 2.  This Act takes effect September 1, 1999.
4-24           SECTION 3.  If before implementing any provision of this Act
4-25     a state agency determines that a waiver or authorization from a
4-26     federal agency is necessary for implementation of that provision,
4-27     the agency affected by the provision shall request the waiver or
 5-1     authorization and may delay implementing that provision until the
 5-2     waiver or authorization is granted.
 5-3           SECTION 4.  The importance of this legislation and the
 5-4     crowded condition of the calendars in both houses create an
 5-5     emergency and an imperative public necessity that the
 5-6     constitutional rule requiring bills to be read on three several
 5-7     days in each house be suspended, and this rule is hereby suspended.