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.