By Maxey H.B. No. 1801
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to establishment of a home telemedicine pilot program for
1-3 certain recipients of medical assistance.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 32, Human Resources Code, is
1-6 amended by adding Section 32.053 to read as follows:
1-7 Sec. 32.053. HOME TELEMEDICINE PILOT PROGRAM. (a) The
1-8 department shall establish a pilot program under which certain
1-9 recipients of medical assistance receive home health care services
1-10 through telemedicine in addition to other home health care services
1-11 for which the recipients are eligible.
1-12 (b) The department shall adopt eligibility criteria for the
1-13 program. The criteria must:
1-14 (1) require that a program participant:
1-15 (A) be diagnosed with a chronic illness,
1-16 including hypertension, congestive heart failure, diabetes
1-17 mellitus, chronic obstructive pulmonary disease, a chronic wound;
1-18 or depression if secondary to a chronic illness;
1-19 (B) have telephone service in the participant's
1-20 home;
1-21 (C) be able to use telemedicine equipment or be
1-22 assisted by a regular caregiver who is willing and able to use
2-1 telemedicine equipment;
2-2 (D) provide written consent to receipt of home
2-3 health care services through telemedicine; and
2-4 (E) be under the care of a physician who
2-5 consents to the participant's receipt of home health care services
2-6 through telemedicine; and
2-7 (2) prohibit a recipient of medical assistance from
2-8 participating in the program if the recipient:
2-9 (A) is diagnosed with a terminal condition and
2-10 expected to live for less than six months; or
2-11 (B) requires daily, in person, home health care
2-12 visits or invasive procedures.
2-13 (c) The department shall determine home health care services
2-14 to be provided to program participants through telemedicine. Home
2-15 health care services provided through telemedicine may include:
2-16 (1) educating a program participant regarding
2-17 self-care and preventive health;
2-18 (2) monitoring a program participant's compliance with
2-19 medication requirements;
2-20 (3) monitoring a program participant's vital signs;
2-21 (4) providing a program participant with counseling
2-22 and social support; and
2-23 (5) any other service the department determines is
2-24 appropriate.
2-25 (d) In designing and implementing the program, the
2-26 department shall ensure that:
3-1 (1) home health care services provided to a program
3-2 participant through telemedicine supplement necessary in-person
3-3 home visits by home health care providers and do not replace those
3-4 visits;
3-5 (2) a program participant receives for the duration of
3-6 services, at no cost to the participant, telemedicine equipment
3-7 other than a telephone line and telephone that is necessary for
3-8 receipt of home health care services through telemedicine;
3-9 (3) a program participant or the participant's regular
3-10 caregiver receives personal training and written instructions in
3-11 the use and maintenance of the telemedicine equipment;
3-12 (4) a program participant's satisfaction with home
3-13 health care services provided through telemedicine is frequently
3-14 monitored and evaluated; and
3-15 (5) the quality of home health care services provided
3-16 through telemedicine to a program participant is frequently
3-17 monitored and evaluated.
3-18 (e) The department shall adopt all rules necessary for
3-19 implementation of the program.
3-20 (f) Not later than December 1, 2004, the department shall
3-21 submit a report to the legislature regarding the program that
3-22 includes:
3-23 (1) an analysis of:
3-24 (A) the program's cost-effectiveness; and
3-25 (B) the program's effect on the quality of
3-26 health care received by program participants; and
4-1 (2) recommendations regarding elimination,
4-2 continuation, or expansion of the program.
4-3 (g) This section expires September 1, 2005.
4-4 SECTION 2. If before implementing any provision of this Act a
4-5 state agency determines that a waiver or authorization from a
4-6 federal agency is necessary for implementation of that provision,
4-7 the agency affected by the provision shall request the waiver or
4-8 authorization and may delay implementing that provision until the
4-9 waiver or authorization is granted.
4-10 SECTION 3. This Act takes effect September 1, 2001.