By Chavez H.B. No. 2700
77R8585 YDB-F
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) is repealed.
4-17 SECTION 4. (a) Not later than December 31, 2001, the
4-18 commissioner of health and human services shall establish the
4-19 telemedical consultation advisory committee as required by Section
4-20 531.02172, Government Code, as added by this Act.
4-21 (b) Not later than September 1, 2003, the advisory committee
4-22 established under Section 531.02172, Government Code, as added by
4-23 this Act, shall prepare a report relating to the implementation of
4-24 the pilot programs established under Section 531.02171, as added by
4-25 this Act, and shall provide the report to the governor, lieutenant
4-26 governor, speaker of the house of representatives, and appropriate
4-27 standing committees of the senate and house of representatives.
5-1 SECTION 5. The advisory committee established under Section
5-2 531.0217(h), Government Code, is abolished on the effective date of
5-3 this Act.
5-4 SECTION 6. This Act takes effect immediately if it receives
5-5 a vote of two-thirds of all the members elected to each house, as
5-6 provided by Section 39, Article III, Texas Constitution. If this
5-7 Act does not receive the vote necessary for immediate effect, this
5-8 Act takes effect September 1, 2001.