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