1-1 By: Chavez, et al. (Senate Sponsor - Duncan) H.B. No. 2700 1-2 (In the Senate - Received from the House April 19, 2001; 1-3 April 20, 2001, read first time and referred to Committee on Health 1-4 and Human Services; May 11, 2001, reported favorably by the 1-5 following vote: Yeas 5, Nays 1; May 11, 2001, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to certain services provided through telemedicine. 1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-10 SECTION 1. Subchapter B, Chapter 531, Government Code, is 1-11 amended by adding Sections 531.02171 and 531.02172 to read as 1-12 follows: 1-13 Sec. 531.02171. TELEMEDICINE PILOT PROGRAMS. (a) In this 1-14 section, "telemedicine medical service" means consultative 1-15 services, diagnostic services, interactive video consultation, 1-16 teleradiology, telepathology, and distance education transmitted 1-17 from one site to other sites by telecommunication technology for 1-18 health care professionals. 1-19 (b) The commission shall establish pilot programs in 1-20 designated areas of this state under which the commission, in 1-21 administering government-funded health programs, may reimburse a 1-22 health care professional participating in the pilot program for 1-23 telemedicine medical services authorized under the licensing law 1-24 applicable to the health care professional. Each pilot program 1-25 established before January 1, 2003, must provide services in areas 1-26 of this state that are not more than 150 miles from the border 1-27 between this state and the United Mexican States. 1-28 (c) In developing and operating a pilot program under this 1-29 section, the commission shall: 1-30 (1) solicit and obtain support for the program from 1-31 local officials and the medical community; 1-32 (2) focus on enhancing health outcomes in the area 1-33 served by the pilot program through increased access to medical 1-34 services, including: 1-35 (A) health screenings; 1-36 (B) prenatal care; 1-37 (C) medical or surgical follow-up visits; 1-38 (D) periodic consultation with specialists 1-39 regarding chronic disorders; 1-40 (E) triage and pretransfer arrangements; and 1-41 (F) transmission of diagnostic images or data; 1-42 (3) establish quantifiable measures and expected 1-43 health outcomes for each authorized telemedicine medical service; 1-44 (4) consider condition-specific applications of 1-45 telemedicine medical services, including applications for: 1-46 (A) pregnancy; 1-47 (B) diabetes; 1-48 (C) heart disease; and 1-49 (D) cancer; and 1-50 (5) demonstrate that the provision of services 1-51 authorized as telemedicine medical services will not adversely 1-52 affect the provision of traditional medical services within the 1-53 area served by the pilot program. 1-54 Sec. 531.02172. TELEMEDICINE ADVISORY COMMITTEE. (a) The 1-55 commissioner shall establish an advisory committee to assist the 1-56 commission in: 1-57 (1) evaluating policies for telemedical consultations 1-58 under Section 531.0217; 1-59 (2) evaluating policies for telemedicine medical 1-60 service pilot programs established under Section 531.02171; 1-61 (3) ensuring the efficient and consistent development 1-62 and use of telecommunication technology for telemedical 1-63 consultations and telemedicine medical services reimbursed under 1-64 government-funded health programs; 2-1 (4) monitoring the type of programs receiving 2-2 reimbursement under Section 531.0217 and 531.02171; and 2-3 (5) coordinating the activities of state agencies 2-4 concerned with the use of telemedical consultations and 2-5 telemedicine medical services. 2-6 (b) The advisory committee must include: 2-7 (1) representatives of health and human services 2-8 agencies and other state agencies concerned with the use of 2-9 telemedical consultations in the Medicaid program and the state 2-10 child health plan program, including representatives of: 2-11 (A) the commission; 2-12 (B) the Texas Department of Health; 2-13 (C) the Center for Rural Health Initiatives; 2-14 (D) the Telecommunications Infrastructure Fund 2-15 Board; 2-16 (E) the Texas Department of Insurance; 2-17 (F) the Texas State Board of Medical Examiners; 2-18 (G) the Board of Nurse Examiners; and 2-19 (H) the Texas State Board of Pharmacy; 2-20 (2) representatives of health science centers in this 2-21 state; 2-22 (3) experts on telemedicine, telemedical consultation, 2-23 and telemedicine medical services; and 2-24 (4) representatives of consumers of health services 2-25 provided through telemedical consultations and telemedicine medical 2-26 services. 2-27 (c) A member of the advisory committee serves at the will of 2-28 the commissioner. 2-29 SECTION 2. Subchapter C, Chapter 57, Utilities Code, is 2-30 amended by adding Section 57.0471 to read as follows: 2-31 Sec. 57.0471. GRANTS TO CERTAIN HEALTH CARE FACILITIES. A 2-32 health care facility providing telemedicine medical services and 2-33 participating in a pilot program under Section 531.02171, 2-34 Government Code, is eligible to receive a grant under Section 2-35 57.047, but is not entitled to the discounts specified in 2-36 Subchapter G, Chapter 58, unless otherwise eligible to receive 2-37 those discounts as provided by that subchapter. 2-38 SECTION 3. Section 531.0217(h), Government Code, is 2-39 repealed. 2-40 SECTION 4. (a) Not later than December 31, 2001, the 2-41 commissioner of health and human services shall establish the 2-42 telemedical consultation advisory committee as required by Section 2-43 531.02172, Government Code, as added by this Act. 2-44 (b) Not later than September 1, 2003, the advisory committee 2-45 established under Section 531.02172, Government Code, as added by 2-46 this Act, shall prepare a report relating to the implementation of 2-47 the pilot programs established under Section 531.02171, Government 2-48 Code, as added by this Act, and shall provide the report to the 2-49 governor, lieutenant governor, speaker of the house of 2-50 representatives, and appropriate standing committees of the senate 2-51 and house of representatives. 2-52 SECTION 5. The advisory committee established under Section 2-53 531.0217(h), Government Code, is abolished on the effective date of 2-54 this Act. 2-55 SECTION 6. This Act takes effect immediately if it receives 2-56 a vote of two-thirds of all the members elected to each house, as 2-57 provided by Section 39, Article III, Texas Constitution. If this 2-58 Act does not receive the vote necessary for immediate effect, this 2-59 Act takes effect September 1, 2001. 2-60 * * * * *