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.