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.