By:  Moncrief                                           S.B. No. 69
         2001S0003/2                            
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to Medicaid reimbursement for certain telemedicine
 1-2     services.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 531.0217, Government Code, is amended to
 1-5     read as follows:
 1-6           Sec. 531.0217.  Reimbursement for Certain Medical
 1-7     Consultations.  (a)  In this section:
 1-8                 (1)  "Health professional" means a licensed physician
 1-9     or, under the appropriate delegation and supervision of a licensed
1-10     physician, an advanced nurse practitioner[, an allied health
1-11     professional, a mental health professional, a physician,] or a
1-12     physician assistant [who is licensed in this state].
1-13                 (2)  "Telemedicine medical service" ["Rural county"
1-14     means a county that:]
1-15                       [(A)  has a population of 50,000 or less; or]
1-16                       [(B)  contains an area that was not designated as
1-17     an urban area by the United States Bureau of the Census according
1-18     to the 1990 federal census and does not have within the boundaries
1-19     of the county a hospital that:]
1-20                             [(i)  is licensed under Chapter 241, Health
1-21     and Safety Code; and]
1-22                             [(ii)  has more than 100 beds.]
1-23                 [(3)  "Rural health facility" means a health facility
1-24     that is located in a rural county and at least 30 miles from any
1-25     accredited medical school or any teaching hospital affiliated with
 2-1     an accredited medical school and that is:]
 2-2                       [(A)  a licensed, nonprofit hospital;]
 2-3                       [(B)  a health clinic that is affiliated with:]
 2-4                             [(i)  an accredited medical school;]
 2-5                             [(ii)  a teaching hospital that is
 2-6     affiliated with an accredited medical school;]
 2-7                             [(iii)  a hospital described by Paragraph
 2-8     (C); or]
 2-9                             [(iv)  a federally qualified health center,
2-10     as defined by 42 U.S.C. Section 1396d(l)(2)(B), as amended; or]
2-11                       [(C)  a hospital that:]
2-12                             [(i)  is licensed under Chapter 241, Health
2-13     and Safety Code;]
2-14                             [(ii)  is owned or operated by a
2-15     municipality, county, hospital district, or hospital authority; and]
2-16                             [(iii)  provides inpatient or outpatient
2-17     services.]
2-18                 [(4)  "Telemedical consultation"] means a health care
2-19     service initiated by a health professional  [medical consultation]
2-20     for purposes of patient assessment by an advanced nurse
2-21     practitioner or a physician assistant, diagnosis by a physician, or
2-22     treatment, or the transfer of medical data, that requires the use
2-23     of advanced telecommunications technology, including:
2-24                       (A)  compressed digital interactive video, audio,
2-25     or data transmission;
2-26                       (B)  clinical data transmission via computer
 3-1     imaging by way of still image capture [for teleradiology or
 3-2     telepathology]; and
 3-3                       (C)  other technology that facilitates access [in
 3-4     rural counties] to a health care service [services] or medical
 3-5     specialty expertise.
 3-6           (b)  The commission by rule shall require each health and
 3-7     human services agency that administers a part of the Medicaid
 3-8     program to provide Medicaid reimbursement for a telemedicine
 3-9     medical service [telemedical consultation] provided by:
3-10                 (1)  a physician licensed in this state who practices
3-11     in:
3-12                       (A) [(1)]  a [rural] health facility;
3-13                       (B) [(2)]  an accredited medical school; or
3-14                       (C) [(3)]  a teaching hospital that is affiliated
3-15     with an accredited medical school; or
3-16                 (2)  a health professional who provides the
3-17     telemedicine medical service for a patient if:
3-18                       (A)  the medical examination of the patient is
3-19     under the control of the health professional;
3-20                       (B)  the telemedicine medical service involves
3-21     the participation of the health professional who obtains the
3-22     telemedicine medical service as appropriate to meet the medical
3-23     needs of the patient and as necessary to provide information
3-24     requested by the health professional; and
3-25                       (C)  the results of the telemedicine medical
3-26     service are provided in a written report to the health professional
 4-1     involved in the telemedicine medical service.
 4-2           (c)  The commission shall ensure that reimbursement is
 4-3     provided only for a telemedicine medical service [consultation]
 4-4     provided by:
 4-5                 (1)  a physician described in Subsection (b) to a
 4-6     health professional who practices in Texas; or
 4-7                 (2)  a health professional described in Subsection (b)
 4-8     to a health professional who practices in an area designated as a
 4-9     medically underserved area or a health professional shortage area
4-10     [a rural county].
4-11           (d)  The commission shall require reimbursement for a
4-12     telemedicine medical service [telemedical consultation] at the same
4-13     rate as the Medicaid program reimburses for a comparable in-person
4-14     health service [consultation].  A request for reimbursement may not
4-15     be denied solely because an in-person health service [consultation]
4-16     between a physician or another health professional who provides the
4-17     telemedicine medical service and a patient did not occur.
4-18           (e)  A health care facility that receives reimbursement under
4-19     this section for telemedicine medical services [consultations]
4-20     provided by physicians or other health professionals who practice
4-21     in that facility and a health professional who obtains telemedicine
4-22     medical services [consultations] under this section shall establish
4-23     quality of care protocols and patient confidentiality guidelines to
4-24     ensure that telemedicine medical services [telemedical
4-25     consultations] meet legal requirements and acceptable patient care
4-26     standards.
 5-1           (f)  The commission may not require a telemedicine medical
 5-2     service [telemedical consultation] if an in-person consultation
 5-3     with a physician is reasonably available where the patient resides
 5-4     or works.
 5-5           (g)  The Texas State Board of Medical Examiners and the Board
 5-6     of Nurse Examiners, in consultation with the commission, as
 5-7     appropriate, may adopt rules as necessary to:
 5-8                 (1)  ensure that appropriate care is provided to
 5-9     patients who receive services that are provided through a
5-10     telemedicine medical service [telemedical consultation]; and
5-11                 (2)  prevent abuse and fraud through the use of
5-12     telemedicine medical services [telemedical consultations],
5-13     including rules relating to filing of claims and records required
5-14     to be maintained in connection with telemedicine.
5-15           (h)  The commissioner shall establish an advisory committee
5-16     to assist the commission in developing policies for telemedicine
5-17     medical services [telemedical consultations] under this section.
5-18           (i)  The provisions of this section do not provide any
5-19     authority to replace, substitute, or circumvent the requirements
5-20     for a rural health clinic or for physician delegation of
5-21     prescriptive authority to an advanced practice nurse or physician
5-22     assistant.
5-23           (j)  The commission shall create and maintain a telemedicine
5-24     medical services registry that is available to licensing and
5-25     regulatory boards.
5-26           SECTION 2.  This Act takes effect September 1, 2001.
 6-1           SECTION 3.  If before implementing any provision of this Act
 6-2     a state agency determines that a waiver or authorization from a
 6-3     federal agency is necessary for implementation of that provision,
 6-4     the agency affected by the provision shall request the waiver or
 6-5     authorization and may delay implementing that provision until the
 6-6     waiver or authorization is granted.