By Gray H.B. No. 518
76R375 KLA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the use of telemedicine in the state Medicaid program.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter B, Chapter 32, Human Resources Code,
1-5 is amended by adding Section 32.0242 to read as follows:
1-6 Sec. 32.0242. TELEMEDICAL CONSULTATIONS IN CERTAIN MEDICAID
1-7 PROGRAMS. (a) In this section:
1-8 (1) "EPSDT Program" means the Early and Periodic
1-9 Screening, Diagnosis, and Treatment Program.
1-10 (2) "Telemedical consultation" means a medical or
1-11 dental consultation for purposes of patient diagnosis, treatment,
1-12 or transfer of medical or dental data that requires the use of
1-13 advanced telecommunications technology, including:
1-14 (A) compressed digital interactive video, audio,
1-15 or data transmission;
1-16 (B) clinical data transmission via computer
1-17 imaging for teleradiology or telepathology; and
1-18 (C) other technology that facilitates access to
1-19 a health care service, medical specialty expertise, or dental care
1-20 service provided by the EPSDT Program.
1-21 (b) The department, in its rules governing the EPSDT
1-22 Program, shall require a telemedical consultation for the provision
1-23 of an EPSDT Program service to a child who receives medical
1-24 assistance under this chapter if an in-person consultation with a
2-1 health care provider is not reasonably available where the child
2-2 resides or works. The department may not require a telemedical
2-3 consultation for the provision of an EPSDT Program service to a
2-4 child who receives medical assistance under this chapter if an
2-5 in-person consultation with a health care provider is reasonably
2-6 available where the child resides or works.
2-7 (c) The department, in its rules governing the EPSDT
2-8 Program, shall require a health care facility that receives
2-9 reimbursement for an EPSDT Program service provided through a
2-10 telemedical consultation to establish quality of care protocols and
2-11 patient confidentiality guidelines to ensure that the telemedical
2-12 consultation meets acceptable standards of patient care and legal
2-13 requirements.
2-14 (d) The Texas State Board of Medical Examiners and the State
2-15 Board of Dental Examiners, in consultation with the department, may
2-16 adopt rules as necessary to:
2-17 (1) ensure that appropriate care is provided to a
2-18 child who receives an EPSDT Program service through a telemedical
2-19 consultation; and
2-20 (2) prevent abuse and fraud resulting from the use of
2-21 a telemedical consultation in the EPSDT Program, including rules
2-22 relating to the filing of a claim for reimbursement and the
2-23 maintaining of records related to a telemedical consultation.
2-24 SECTION 2. This Act takes effect September 1, 1999.
2-25 SECTION 3. Not later than January 1, 2000, the Texas
2-26 Department of Health shall adopt the rules required by Section
2-27 32.0242, Human Resources Code, as added by this Act.
3-1 SECTION 4. If before implementing any provision of this Act,
3-2 a state agency determines that a waiver or authorization from a
3-3 federal agency is necessary for implementation of that provision,
3-4 the agency affected by the provision shall request the waiver or
3-5 authorization and may delay implementing that provision until the
3-6 waiver or authorization is granted.
3-7 SECTION 5. The importance of this legislation and the
3-8 crowded condition of the calendars in both houses create an
3-9 emergency and an imperative public necessity that the
3-10 constitutional rule requiring bills to be read on three several
3-11 days in each house be suspended, and this rule is hereby suspended.