SRC-JEC C.S.S.B. 1483 77(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1483
77R8585 YDB-FBy: Duncan
Health & Human Services
4/10/2001
Committee Report (Substituted)

DIGEST AND PURPOSE 

The rural Texas-Mexico border areas of Texas are typically medically
underserved and tend to have lower Medicaid reimbursement rates.  C.S.S.B.
1483 requires the Health and Human Services Commission to create and
administer telemedicine and telehealth services pilot programs in border
areas to enhance health care services and provide for reimbursement and
regulation of telemedicine and telehealth services. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency.  

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 531B, Government Code, by adding Sections
531.02171 and 531.02172, as follows: 

Sec. 531.02171.  TELEMEDICINE MEDICAL SERVICES AND TELEHEALTH SERVICES
PILOT PROGRAMS.  (a)  Defines "health professional," "physician,"
"telehealth service," and "telemedicine medical service." 

(b)  Requires the Health and Human Services Commission (commission) to
establish pilot programs in designated areas of this state under which the
commission, in administering government-funded health programs, may
reimburse a health care professional participating in the pilot program for
telemedicine medical services or telehealth services authorized under the
licensing law applicable to the health care professional.  Requires each
pilot program established before January 1, 2003, to provide services in
areas of this state that are not more than 150 miles from the border
between this state and the United Mexican States. 

(c)  Requires the commission, in developing and operating a pilot program
under this section, to: 

(1)  solicit and obtain support for the program from local officials and
the medical community; 

(2)  focus on enhancing health outcomes in the area served by the pilot
program through increased access to medical or health care services,
including certain services; 

(3)  establish quantifiable measures and expected health outcomes for each
authorized telemedicine medical service or telehealth service; 

(4)  consider condition-specific applications of telemedicine medical
services or telehealth services, including applications for certain health
conditions; and 

(5)  demonstrate that the provision of services authorized as telemedicine
medical  services or telehealth services will not adversely affect the
delivery of traditional medical services or other health care services
within the area served by the pilot program. 

Sec. 531.02172.  TELEMEDICINE ADVISORY COMMITTEE. (a)  Requires the
commissioner of health and human services (commissioner) to establish an
advisory committee to assist the commission in: 

  (1)  evaluating policies for telemedical consultations under Section
531.0217; 

(2)  evaluating policies for telemedicine medical service or telehealth
service pilot programs established under Section 531.02171; 

(3)  ensuring the efficient and consistent development and use of
telecommunication technology for telemedical consultations and telemedicine
medical services or telehealth services reimbursed under government-funded
health programs; 

(4)  monitoring the type of programs receiving reimbursement under Section
531.0217 and 531.02171; and 

(5)  coordinating the activities of state agencies concerned with the use
of telemedical consultations and telemedicine medical services or
telehealth services. 

 (b)  Sets forth the required composition of the advisory committee.
  
(c)  Provides that a member of the advisory committee serves at the will of
the commissioner. 

SECTION 2.  Amends Section 57.042, Utilities Code, by amending Subdivision
(11) and adding Subdivision (12) to define "telehealth service" and
"telemedicine medical service," rather than "telemedicine." 

SECTION 3.  Amends Sections 57.047(a) and (b), Utilities Code, to authorize
the telecommunications infrastructure fund board (board) to award a grant
to a project or proposal that provides equipment and infrastructure
necessary for telemedicine medical services or telehealth services.
Authorizes the board to award a loan to a project or proposal to acquire
equipment needed for telemedicine medical services projects. 

SECTION 4.  Amends Chapter 57C, Utilities Code, by adding Section 57.0471,
as follows: 

Sec. 57.0471.  GRANTS TO CERTAIN HEALTH CARE FACILITIES.  Provides that a
physician, health care professional, or health care facility providing
telemedicine medical services or telehealth services and participating in a
pilot program under Section 531.02171, Government Code, is eligible to
receive a grant under Section 57.047. 

SECTION 5.  Repealer:  Section 531.0217(h) (regarding an advisory
committee), Government Code. 

SECTION 6.  (a)  Requires  the commissioner of health and human services to
establish the telemedical consultation advisory committee as required by
Section 531.02172, Government Code, as added by this Act, not later than
December 31, 2001. 

(b)  Requires the advisory committee established under Section 531.02172,
Government Code, as added by this Act, not later than September 1, 2003, to
prepare a report relating to the implementation of the pilot programs
established under Section 531.02171, Government Code, as added by this Act,
and to provide the report to the governor, lieutenant governor, speaker of
the house of representatives, and appropriate standing committees of the
senate and house of representatives. 
 
SECTION 7.  Provides that the advisory committee established under Section
531.0217(h), Government Code, is abolished on the effective date of this
Act. 

SECTION 8.  Effective date: upon passage or September 1, 2001.

SUMMARY OF COMMITTEE CHANGES

Differs from the original as follows:

_Amends the previously proposed heading of proposed Section 531.02171,
Government Code, adds definitions, and changes the proposed definition of
"telemedicine medical service."   

_Throughout the bill, refers to "telehealth services" along with
"telemedicine medical services" and "health care services" along with
"medical services." 

_In Section 531.02171(b), refers to the provision, rather than operation,
of services, and in Subsection (c), refers to the delivery, rather than
provision, of services. 

_Adds the provisions proposed in SECTIONS 2 and 3 of the bill and
redesignates subsequent SECTIONS 2-6 as SECTIONS 4-8. 

_Adds a physician and a health care facility to the list of entities
eligible to receive a grant in SECTION 4. 

_In SECTION 5, clarifies that the repealer is in the Government Code.

_In SECTION 6(b), clarifies that the referenced section is from the
Government Code.