By Gray H.B. No. 519
76R253 PB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation and operation of a telemedicine pilot
1-3 program to provide certain workers' compensation medical benefits.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 408, Labor Code, is amended by adding
1-6 Subchapter M to read as follows:
1-7 SUBCHAPTER M. TELEMEDICINE PILOT PROGRAM
1-8 Sec. 408.241. DEFINITIONS. In this subchapter:
1-9 (1) "Regional telemedical center" means a site
1-10 operated by The University of Texas Medical Branch at Galveston
1-11 that provides telemedicine under this subchapter.
1-12 (2) "Telemedical location" means a doctor's office or
1-13 other location that is equipped with appropriate telecommunications
1-14 facilities and a telemedicine infrastructure as necessary to
1-15 perform telemedicine.
1-16 (3) "Telemedicine" means the use of interactive audio,
1-17 video, or other electronic media to deliver health care. The term
1-18 includes the use of electronic media for diagnosis, consultation,
1-19 treatment, transfer of medical data, and medical education.
1-20 Sec. 408.242. PILOT PROGRAM: REGIONAL WORKERS' COMPENSATION
1-21 TELEMEDICAL CENTER. (a) The commission, in cooperation with the
1-22 Texas State Board of Medical Examiners and the governing body of
1-23 the academic health center at The University of Texas Medical
1-24 Branch at Galveston, shall establish a pilot program in the use of
2-1 telemedicine within the workers' compensation system to be provided
2-2 through regional telemedical centers.
2-3 (b) The University of Texas Medical Branch at Galveston
2-4 shall operate the pilot program through existing telemedical
2-5 locations operated by that university on or before September 1,
2-6 1999.
2-7 (c) The pilot program shall operate initially in the
2-8 Houston-Galveston statistical metropolitan area. After April 30,
2-9 2000, the commission may expand the operating area covered by the
2-10 pilot program as the commission determines to be appropriate.
2-11 (d) The commission and the governing body of the academic
2-12 health center at The University of Texas Medical Branch at
2-13 Galveston shall enter into memoranda of understanding as necessary
2-14 to implement this subchapter.
2-15 Sec. 408.243. USE OF TELEMEDICINE TO PROVIDE MEDICAL
2-16 SERVICES. (a) Each regional telemedical center shall make
2-17 available a pool of specially trained doctors drawn from a range of
2-18 health care specialties, including specialists in spinal injuries.
2-19 (b) To be eligible to serve as a designated doctor through
2-20 the pool created under this section, a doctor must demonstrate to
2-21 the satisfaction of the commission professional experience with the
2-22 impairment rating process used under this subtitle.
2-23 (c) The commission may arrange for a telemedical
2-24 consultation:
2-25 (1) with a designated doctor selected by the
2-26 commission if the parties to a claim are unable to agree on a
2-27 designated doctor under Section 408.122(c) or 408.125; or
3-1 (2) for the provision of a spinal surgery second
3-2 opinion under Section 408.026.
3-3 Sec. 408.244. TELEMEDICAL PROCEDURES. (a) If telemedical
3-4 services are used, the commission shall provide for the electronic
3-5 transmission of the injured employee's medical records to the
3-6 doctor providing telemedical services not later than the 10th day
3-7 before the date on which the telemedical consultation is scheduled
3-8 to occur.
3-9 (b) To use telemedical services under this subchapter, the
3-10 injured employee shall go to the nearest telemedical location that
3-11 is connected to the regional telemedical center. The injured
3-12 employee may be accompanied by the employee's treating doctor. If
3-13 the treating doctor is not present, a health care practitioner who
3-14 provides health care services at that telemedical location shall
3-15 arrange a telephone conference call with the designated doctor or
3-16 doctor providing a second opinion regarding spinal surgery.
3-17 (c) The doctor shall conduct a general examination in a
3-18 live, two-way teleconference. The doctor shall interview the
3-19 injured employee with the assistance of the treating doctor or the
3-20 health care practitioner and may review medical records and images
3-21 in the presence of the employee and the treating doctor or health
3-22 care practitioner.
3-23 (d) The telemedical location shall prepare a videotape
3-24 recording of the telemedical examination for future reference and
3-25 documentation of procedures.
3-26 Sec. 408.245. EXPIRATION OF PILOT PROGRAM. This subchapter
3-27 expires December 31, 2002.
4-1 SECTION 2. Section 408.026, Labor Code, is amended by adding
4-2 Subsection (c) to read as follows:
4-3 (c) A second opinion required under this section may be
4-4 performed through the use of telemedicine as provided by Subchapter
4-5 M. This subsection expires December 31, 2002.
4-6 SECTION 3. Section 408.122, Labor Code, is amended by adding
4-7 Subsection (d) to read as follows:
4-8 (d) In selecting a designated doctor under Subsection (c) in
4-9 cases in which the parties are unable to agree on a designated
4-10 doctor, the commission may elect to use a telemedical consultation
4-11 with a designated doctor chosen under Section 408.243. This
4-12 subsection expires December 31, 2002.
4-13 SECTION 4. The Texas Workers' Compensation Commission shall
4-14 analyze the results of the pilot program created under Subchapter
4-15 M, Chapter 408, Labor Code, as added by this Act, and shall report
4-16 those results to the 78th Legislature not later than February 1,
4-17 2003. The commission shall include in its report any
4-18 recommendations for further legislative action regarding the
4-19 provision of workers' compensation medical benefits through the use
4-20 of telemedicine.
4-21 SECTION 5. The importance of this legislation and the
4-22 crowded condition of the calendars in both houses create an
4-23 emergency and an imperative public necessity that the
4-24 constitutional rule requiring bills to be read on three several
4-25 days in each house be suspended, and this rule is hereby suspended,
4-26 and that this Act take effect and be in force from and after its
4-27 passage, and it is so enacted.