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.