SRC-CTC S.B. 1041 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1041
77R5086 KKA-DBy: Ellis, Rodney
Health & Human Services
3/30/2001
As Filed


DIGEST AND PURPOSE 

Currently, some seriously ill and disabled children must travel to receive
necessary expert medical care and consultations.  Such travel can be
difficult for parents, and may take a health toll on the children. As
proposed, S.B. 1041 expands the use of telemedicine for children with
special health care needs to eliminate or reduce travel problems for
certain families.  Since the state sometimes pays for transportation and
other travel costs related to children's health care, this bill could also
reduce costs for the state. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Department of Health
in SECTION 1 (Section 35.0041, Health and Safety Code) and to the Health
and Human Services Commission in SECTION 3 (Section 531.02161, Health and
Safety Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 35, Health and Safety Code, by adding Section
35.0041, as follows: 

Sec. 35.0041.  PARTICIPATION AND REIMBURSEMENT OF TELEMEDICINE SERVICE
PROVIDERS.  Defines "telemedicine."  Requires the Texas Department of
Health (department) to develop and implement, by rule, policies permitting
reimbursement of a provider for services under the program performed using
telemedicine.  Requires the policies to provide for reimbursement of
providers for certain services.    Requires the department, in developing
and implementing the policies required by this section, to consult with
certain persons and entities.  Provides that this section applies to
services for which coverage is provided under the health benefits plan
under Section 35.0031. 

SECTION 2.  Amends Chapter 62D, Health and Safety Code, by adding Section
62.157, as follows: 

Sec. 62.157.  TELEMEDICINE FOR CHILDREN WITH SPECIAL HEALTH CARE NEEDS.
(a) Requires a health plan provider, in providing covered benefits to a
child with special health care needs, to permit benefits to be provided
through telemedicine in accordance with policies developed by the Health
and Human Services Commission (commission).   

(b) Requires the policies to provide for the availability of covered
benefits for services provided through certain telemedicine sessions.   

(c) Requires the commission, in developing the policies required under
Subsection (a), to consult with certain persons and entities. 

  (d) Defines "telemedicine."

SECTION 3.  Amends Chapter 531B, Government Code, by adding Section
531.02161, as follows: 

 Sec. 531.02161.  MEDICAID SERVICES PROVIDED THROUGH TELEMEDICINE TO
CHILDREN WITH SPECIAL HEALTH CARE NEEDS.  Defines "child with special
health care needs" and "telemedicine."  Requires the commission to
establish, by rule, policies that permit reimbursement under the state
Medicaid program for services provided through telemedicine to children
with special health care needs.  Requires the policies under this section
to be designed to prevent unnecessary travel and encourage efficient use of
telemedicine in certain situations and ensure, in a cost-effective manner,
the availability to a child with special health care needs of services
appropriately performed using telemedicine that are comparable to the same
types of services available to that child without use of telemedicine.
Requires the policies required under this section to provide for the
reimbursement of multiple providers of different services under certain
circumstances. 

SECTION 4.  Requires the Health and Human Services Commission and the Texas
Department of Health to develop and implement policies required by this Act
not later than December 31, 2001. 

SECTION 5.  Requires a state agency, if before implementing any provision
of this Act the agency determines that a waiver or authorization from a
federal agency is necessary for implementation of that provision, to
request the waiver or authorization and authorizes the affected agency to
delay implementation of that provision until the waiver or authorization is
granted. 

SECTION 6.  Effective date: September 1, 2001.