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:
 1-9                 (1)  "Health professional" means:
1-10                       (A)  a physician;
1-11                       (B)  an individual who is licensed or certified
1-12     in this state to perform health care services and who is authorized
1-13     to assist a physician in providing telemedicine medical services
1-14     that are delegated and supervised by the physician; or
1-15                       (C)  a licensed or certified health professional
1-16     acting within the scope of the license or certification who does
1-17     not perform a telemedicine medical service.
1-18                 (2)  "Physician" means a person licensed to practice
1-19     medicine in this state under Subtitle B, Title 3, Occupations Code.
1-20                 (3)  "Telehealth service" means a health service, other
1-21     than a telemedicine medical service, delivered by a licensed or
1-22     certified health professional acting within the scope of the health
1-23     professional's license or certification who does not perform a
1-24     telemedicine medical service that requires the use of advanced
 2-1     telecommunications technology, other than by telephone or
 2-2     facsimile, including:
 2-3                       (A)  compressed digital interactive video, audio,
 2-4     or data transmission;
 2-5                       (B)  clinical data transmission using computer
 2-6     imaging by way of still-image capture and store and forward; and
 2-7                       (C)  other technology that facilitates access to
 2-8     health care services or medical specialty expertise.
 2-9                 (4)  "Telemedicine medical service" means a health care
2-10     service initiated by a physician or provided by a health
2-11     professional acting under physician delegation and supervision, for
2-12     purposes of patient assessment by a health professional, diagnosis
2-13     or consultation by a physician, treatment, or the transfer of
2-14     medical data, that requires the use of advanced telecommunications
2-15     technology, other than by telephone or facsimile, including:
2-16                       (A)  compressed digital interactive video, audio,
2-17     or data transmission;
2-18                       (B)  clinical data transmission using computer
2-19     imaging by way of still-image capture and store and forward; and
2-20                       (C)  other technology that facilitates access to
2-21     health care services or medical specialty expertise.
2-22           (b)  The commission shall establish pilot programs in
2-23     designated areas of this state under which the commission, in
2-24     administering government-funded health programs, may reimburse a
2-25     health professional participating in the pilot program for
2-26     telemedicine medical services or telehealth services authorized
2-27     under the licensing law applicable to the health professional.
 3-1     Each pilot program established before January 1, 2003, must provide
 3-2     services in areas of this state that are not more than 150 miles
 3-3     from the border between this state and the United Mexican States.
 3-4           (c)  In developing and operating a pilot program under this
 3-5     section, the commission shall:
 3-6                 (1)  solicit and obtain support for the program from
 3-7     local officials and the medical community;
 3-8                 (2)  focus on enhancing health outcomes in the area
 3-9     served by the pilot program through increased access to medical
3-10     services, including:
3-11                       (A)  health screenings;
3-12                       (B)  prenatal care;
3-13                       (C)  medical or surgical follow-up visits;
3-14                       (D)  periodic consultation with specialists
3-15     regarding chronic disorders;
3-16                       (E)  triage and pretransfer arrangements; and
3-17                       (F)  transmission of diagnostic images or data;
3-18                 (3)  establish quantifiable measures and expected
3-19     health outcomes for each authorized telemedicine medical service or
3-20     telehealth service;
3-21                 (4)  consider condition-specific applications of
3-22     telemedicine medical services or telehealth services, including
3-23     applications for:
3-24                       (A)  pregnancy;
3-25                       (B)  diabetes;
3-26                       (C)  heart disease; and
3-27                       (D)  cancer; and
 4-1                 (5)  demonstrate that the provision of services
 4-2     authorized as telemedicine medical services or telehealth services
 4-3     will not adversely affect the provision of traditional medical
 4-4     services within the area served by the pilot program.
 4-5           (d)  Notwithstanding an eligibility requirement prescribed by
 4-6     other law or rule, the commission may establish requirements for a
 4-7     person to participate in a pilot project under this section.
 4-8           (e)  Participation in the pilot project does not entitle a
 4-9     participant to other services under a government-funded health
4-10     program.
4-11           (f)  The commission may limit the number of participants of a
4-12     pilot project under this section.
4-13           Sec. 531.02172.  TELEMEDICINE ADVISORY COMMITTEE. (a)  The
4-14     commissioner shall establish an advisory committee to assist the
4-15     commission in:
4-16                 (1)  evaluating policies for telemedical consultations
4-17     under Section 531.0217;
4-18                 (2)  evaluating policies for telemedicine medical
4-19     services or telehealth services pilot programs established under
4-20     Section 531.02171;
4-21                 (3)  ensuring the efficient and consistent development
4-22     and use of telecommunication technology for telemedical
4-23     consultations and telemedicine medical services or telehealth
4-24     services reimbursed under government-funded health programs;
4-25                 (4)  monitoring the type of programs receiving
4-26     reimbursement under Sections 531.0217 and 531.02171; and
4-27                 (5)  coordinating the activities of state agencies
 5-1     concerned with the use of telemedical consultations and
 5-2     telemedicine medical services or telehealth services.
 5-3           (b)  The advisory committee must include:
 5-4                 (1)  representatives of  health and human services
 5-5     agencies and other state agencies concerned with the use of
 5-6     telemedical consultations in the Medicaid program and the state
 5-7     child health plan program, including representatives of:
 5-8                       (A)  the commission;
 5-9                       (B)  the Texas Department of Health;
5-10                       (C)  the Center for Rural Health Initiatives;
5-11                       (D)  the Telecommunications Infrastructure Fund
5-12     Board;
5-13                       (E)  the Texas Department of Insurance;
5-14                       (F)  the Texas State Board of Medical Examiners;
5-15                       (G)  the Board of Nurse Examiners; and
5-16                       (H)  the Texas State Board of Pharmacy;
5-17                 (2)  representatives of  health science centers in this
5-18     state;
5-19                 (3)  experts on telemedicine, telemedical consultation,
5-20     and telemedicine medical services or telehealth services; and
5-21                 (4)  representatives of consumers of health services
5-22     provided through telemedical consultations and telemedicine medical
5-23     services or telehealth services.
5-24           (c)  A member of the advisory committee serves at the will of
5-25     the commissioner.
5-26           SECTION 2.  Subchapter C, Chapter 57, Utilities Code, is
5-27     amended by adding Section 57.0471 to read as follows:
 6-1           Sec. 57.0471.  GRANTS TO CERTAIN HEALTH CARE FACILITIES. (a)
 6-2     A health care facility providing telemedicine medical services or
 6-3     telehealth services and participating in a pilot program under
 6-4     Section 531.02171, Government Code, is eligible to receive a grant
 6-5     under Section 57.047.
 6-6           (b)  The health care facility is not eligible to receive
 6-7     private network services under Section 58.253(a), except with
 6-8     respect to a project that would have been eligible to be funded by
 6-9     the telecommunications infrastructure fund under this subchapter as
6-10     it existed on January 1, 2001.
6-11           SECTION 3.  Section 531.0217(h), Government Code, is
6-12     repealed.
6-13           SECTION 4.  (a)  Not later than December 31, 2001, the
6-14     commissioner of health and human services shall establish the
6-15     telemedical consultation advisory committee as required by Section
6-16     531.02172, Government Code, as added by this Act.
6-17           (b)  Not later than September 1, 2003, the advisory committee
6-18     established under Section 531.02172, Government Code, as added by
6-19     this Act, shall prepare a report relating to the implementation of
6-20     the pilot programs established under Section 531.02171, Government
6-21     Code, as added by this Act, and shall provide the report to the
6-22     governor, lieutenant governor, speaker of the house of
6-23     representatives, and appropriate standing committees of the senate
6-24     and house of representatives.
6-25           SECTION 5.  The advisory committee established under Section
6-26     531.0217(h), Government Code, is abolished on the effective date of
6-27     this Act.
 7-1           SECTION 6.  If before implementing any provision of this Act
 7-2     the commissioner of health and human services determines that a
 7-3     waiver or authorization from a federal agency is necessary for
 7-4     implementation of that provision, the agency affected by the
 7-5     provision shall request the waiver or authorization and may delay
 7-6     implementing that provision until the waiver or authorization is
 7-7     granted.
 7-8           SECTION 7.  This Act takes effect immediately if it receives
 7-9     a vote of two-thirds of all the members elected to each house, as
7-10     provided by Section 39, Article III, Texas Constitution.  If this
7-11     Act does not receive the vote necessary for immediate effect, this
7-12     Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 2700 was passed by the House on April
         18, 2001, by a non-record vote; and that the House concurred in
         Senate amendments to H.B. No. 2700 on May 25, 2001, by the
         following vote:  Yeas 139, Nays 0, 2 present, not voting.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 2700 was passed by the Senate, with
         amendments, on May 17, 2001, by the following vote:  Yeas 30, Nays
         0, 1 present, not voting.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor