77R9843 YDB-D By Chavez, Puente, Wohlgemuth, Solis, H.B. No. 2700 Chisum, et al. Substitute the following for H.B. No. 2700: By Wohlgemuth C.S.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 be operated in areas of 1-20 this state that are not more than 150 miles from the border between 1-21 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 2-1 local officials and the medical community; 2-2 (2) focus on enhancing health outcomes in the area 2-3 served by the pilot program through increased access to medical 2-4 services, including: 2-5 (A) health screenings; 2-6 (B) prenatal care; 2-7 (C) medical or surgical follow-up visits; 2-8 (D) periodic consultation with specialists 2-9 regarding chronic disorders; 2-10 (E) triage and pretransfer arrangements; and 2-11 (F) transmission of diagnostic images or data; 2-12 (3) establish quantifiable measures and expected 2-13 health outcomes for each authorized telemedicine medical service; 2-14 (4) consider condition-specific applications of 2-15 telemedicine medical services, including applications for: 2-16 (A) pregnancy; 2-17 (B) diabetes; 2-18 (C) heart disease; and 2-19 (D) cancer; and 2-20 (5) demonstrate that the provision of services 2-21 authorized as telemedicine medical services will not adversely 2-22 affect the provision of traditional medical services within the 2-23 area served by the pilot program. 2-24 Sec. 531.02172. TELEMEDICINE ADVISORY COMMITTEE. (a) The 2-25 commissioner shall establish an advisory committee to assist the 2-26 commission in: 2-27 (1) evaluating policies for telemedical consultations 3-1 under Section 531.0217; 3-2 (2) evaluating policies for telemedicine medical 3-3 service pilot programs established under Section 531.02171; 3-4 (3) ensuring the efficient and consistent development 3-5 and use of telecommunication technology for telemedical 3-6 consultations and telemedicine medical services reimbursed under 3-7 government-funded health programs; 3-8 (4) monitoring the type of programs receiving 3-9 reimbursement under Section 531.0217 and 531.02171; and 3-10 (5) coordinating the activities of state agencies 3-11 concerned with the use of telemedical consultations and 3-12 telemedicine medical services. 3-13 (b) The advisory committee must include: 3-14 (1) representatives of health and human services 3-15 agencies and other state agencies concerned with the use of 3-16 telemedical consultations in the Medicaid program and the state 3-17 child health plan program, including representatives of: 3-18 (A) the commission; 3-19 (B) the Texas Department of Health; 3-20 (C) the Center for Rural Health Initiatives; 3-21 (D) the Telecommunications Infrastructure Fund 3-22 Board; 3-23 (E) the Texas Department of Insurance; 3-24 (F) the Texas State Board of Medical Examiners; 3-25 (G) the Board of Nurse Examiners; and 3-26 (H) the Texas State Board of Pharmacy; 3-27 (2) representatives of health science centers in this 4-1 state; 4-2 (3) experts on telemedicine, telemedical consultation, 4-3 and telemedicine medical services; and 4-4 (4) representatives of consumers of health services 4-5 provided through telemedical consultations and telemedicine medical 4-6 services. 4-7 (c) A member of the advisory committee serves at the will of 4-8 the commissioner. 4-9 SECTION 2. Subchapter C, Chapter 57, Utilities Code, is 4-10 amended by adding Section 57.0471 to read as follows: 4-11 Sec. 57.0471. GRANTS TO CERTAIN HEALTH CARE FACILITIES. A 4-12 health care facility providing telemedicine medical services and 4-13 participating in a pilot program under Section 531.02171, 4-14 Government Code, is eligible to receive a grant under Section 4-15 57.047. 4-16 SECTION 3. Section 531.0217(h), Government Code, is 4-17 repealed. 4-18 SECTION 4. (a) Not later than December 31, 2001, the 4-19 commissioner of health and human services shall establish the 4-20 telemedical consultation advisory committee as required by Section 4-21 531.02172, Government Code, as added by this Act. 4-22 (b) Not later than September 1, 2003, the advisory committee 4-23 established under Section 531.02172, Government Code, as added by 4-24 this Act, shall prepare a report relating to the implementation of 4-25 the pilot programs established under Section 531.02171, as added by 4-26 this Act, and shall provide the report to the governor, lieutenant 4-27 governor, speaker of the house of representatives, and appropriate 5-1 standing committees of the senate and house of representatives. 5-2 SECTION 5. The advisory committee established under Section 5-3 531.0217(h), Government Code, is abolished on the effective date of 5-4 this Act. 5-5 SECTION 6. This Act takes effect immediately if it receives 5-6 a vote of two-thirds of all the members elected to each house, as 5-7 provided by Section 39, Article III, Texas Constitution. If this 5-8 Act does not receive the vote necessary for immediate effect, this 5-9 Act takes effect September 1, 2001.