By Chavez, Puente, Wohlgemuth, Solis, H.B. No. 2700 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to certain services provided through telemedicine. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subchapter B, Chapter 531, Government Code, is 1-5 amended by adding Sections 531.02171 and 531.02172 to read as 1-6 follows: 1-7 Sec. 531.02171. TELEMEDICINE PILOT PROGRAMS. (a) In this 1-8 section, "telemedicine medical service" means consultative 1-9 services, diagnostic services, interactive video consultation, 1-10 teleradiology, telepathology, and distance education transmitted 1-11 from one site to other sites by telecommunication technology for 1-12 health care professionals. 1-13 (b) The commission shall establish pilot programs in 1-14 designated areas of this state under which the commission, in 1-15 administering government-funded health programs, may reimburse a 1-16 health care professional participating in the pilot program for 1-17 telemedicine medical services authorized under the licensing law 1-18 applicable to the health care professional. Each pilot program 1-19 established before January 1, 2003, must provide services in areas 1-20 of this state that are not more than 150 miles from the border 1-21 between this state and the United Mexican States. 1-22 (c) In developing and operating a pilot program under this 1-23 section, the commission shall: 1-24 (1) solicit and obtain support for the program from 1-25 local officials and the medical community; 2-1 (2) focus on enhancing health outcomes in the area 2-2 served by the pilot program through increased access to medical 2-3 services, including: 2-4 (A) health screenings; 2-5 (B) prenatal care; 2-6 (C) medical or surgical follow-up visits; 2-7 (D) periodic consultation with specialists 2-8 regarding chronic disorders; 2-9 (E) triage and pretransfer arrangements; and 2-10 (F) transmission of diagnostic images or data; 2-11 (3) establish quantifiable measures and expected 2-12 health outcomes for each authorized telemedicine medical service; 2-13 (4) consider condition-specific applications of 2-14 telemedicine medical services, including applications for: 2-15 (A) pregnancy; 2-16 (B) diabetes; 2-17 (C) heart disease; and 2-18 (D) cancer; and 2-19 (5) demonstrate that the provision of services 2-20 authorized as telemedicine medical services will not adversely 2-21 affect the provision of traditional medical services within the 2-22 area served by the pilot program. 2-23 Sec. 531.02172. TELEMEDICINE ADVISORY COMMITTEE. (a) The 2-24 commissioner shall establish an advisory committee to assist the 2-25 commission in: 2-26 (1) evaluating policies for telemedical consultations 2-27 under Section 531.0217; 3-1 (2) evaluating policies for telemedicine medical 3-2 service pilot programs established under Section 531.02171; 3-3 (3) ensuring the efficient and consistent development 3-4 and use of telecommunication technology for telemedical 3-5 consultations and telemedicine medical services reimbursed under 3-6 government-funded health programs; 3-7 (4) monitoring the type of programs receiving 3-8 reimbursement under Section 531.0217 and 531.02171; and 3-9 (5) coordinating the activities of state agencies 3-10 concerned with the use of telemedical consultations and 3-11 telemedicine medical services. 3-12 (b) The advisory committee must include: 3-13 (1) representatives of health and human services 3-14 agencies and other state agencies concerned with the use of 3-15 telemedical consultations in the Medicaid program and the state 3-16 child health plan program, including representatives of: 3-17 (A) the commission; 3-18 (B) the Texas Department of Health; 3-19 (C) the Center for Rural Health Initiatives; 3-20 (D) the Telecommunications Infrastructure Fund 3-21 Board; 3-22 (E) the Texas Department of Insurance; 3-23 (F) the Texas State Board of Medical Examiners; 3-24 (G) the Board of Nurse Examiners; and 3-25 (H) the Texas State Board of Pharmacy; 3-26 (2) representatives of health science centers in this 3-27 state; 4-1 (3) experts on telemedicine, telemedical consultation, 4-2 and telemedicine medical services; and 4-3 (4) representatives of consumers of health services 4-4 provided through telemedical consultations and telemedicine medical 4-5 services. 4-6 (c) A member of the advisory committee serves at the will of 4-7 the commissioner. 4-8 SECTION 2. Subchapter C, Chapter 57, Utilities Code, is 4-9 amended by adding Section 57.0471 to read as follows: 4-10 Sec. 57.0471. GRANTS TO CERTAIN HEALTH CARE FACILITIES. A 4-11 health care facility providing telemedicine medical services and 4-12 participating in a pilot program under Section 531.02171, 4-13 Government Code, is eligible to receive a grant under Section 4-14 57.047, but is not entitled to the discounts specified in 4-15 Subchapter G, Chapter 58, unless otherwise eligible to receive 4-16 those discounts as provided by that subchapter. 4-17 SECTION 3. Section 531.0217(h), Government Code, is 4-18 repealed. 4-19 SECTION 4. (a) Not later than December 31, 2001, the 4-20 commissioner of health and human services shall establish the 4-21 telemedical consultation advisory committee as required by Section 4-22 531.02172, Government Code, as added by this Act. 4-23 (b) Not later than September 1, 2003, the advisory committee 4-24 established under Section 531.02172, Government Code, as added by 4-25 this Act, shall prepare a report relating to the implementation of 4-26 the pilot programs established under Section 531.02171, Government 4-27 Code, as added by this Act, and shall provide the report to the 5-1 governor, lieutenant governor, speaker of the house of 5-2 representatives, and appropriate standing committees of the senate 5-3 and house of representatives. 5-4 SECTION 5. The advisory committee established under Section 5-5 531.0217(h), Government Code, is abolished on the effective date of 5-6 this Act. 5-7 SECTION 6. This Act takes effect immediately if it receives 5-8 a vote of two-thirds of all the members elected to each house, as 5-9 provided by Section 39, Article III, Texas Constitution. If this 5-10 Act does not receive the vote necessary for immediate effect, this 5-11 Act takes effect September 1, 2001.