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.