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A BILL TO BE ENTITLED
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AN ACT
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relating to certain health care services provided through |
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telemedicine or telehealth under the state Medicaid program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 531.0217, Government Code, is amended by |
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adding Subsections (c-1), (c-2), and (c-3) to read as follows: |
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(c-1) Notwithstanding Subsection (b) or (c), the commission |
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shall provide for reimbursement under the Medicaid program for an |
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office visit provided through telemedicine by a physician who is |
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assessing and evaluating the patient from a distant site if: |
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(1) a health professional acting under the delegation |
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and supervision of that physician is present with the patient at the |
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time of the visit; and |
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(2) the medical condition, illness, or injury for |
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which the patient is receiving the service is not likely, within a |
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reasonable degree of medical certainty, to undergo material |
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deterioration within the 30-day period following the date of the |
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visit. |
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(c-2) The commission shall develop rules to allocate |
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reimbursement provided under Subsection (c-1) between a physician |
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consulting from a distant site and a health professional present |
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with the patient or shall by rule establish a facility fee that a |
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physician consulting from a distant site and receiving |
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reimbursement under Subsection (c-1) must pay a health professional |
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present with the patient. |
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(c-3) In adopting rules under Subsection (c-2), the |
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commission shall confer with the Centers for Medicare and Medicaid |
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Services on the legality of allocating reimbursement or |
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establishing a facility fee as described in that subsection. Rules |
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adopted by the commission under this subsection or Subsection (c-2) |
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must reflect a policy to build capacity in medically underserved |
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areas of this state. |
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SECTION 2. Subsections (i) and (j), Section 531.02175, |
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Government Code, as added by Chapter 370, Acts of the 79th |
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Legislature, Regular Session, 2005, are amended to read as follows: |
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(i) Not later than September 1, 2008 [December 1, 2006], the |
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commission shall submit a report to the legislature regarding the |
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results of the pilot program. The report must include |
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recommendations regarding elimination, continuation, or expansion |
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of the pilot program. |
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(j) This section expires September 1, 2009 [2007]. |
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SECTION 3. If before implementing any provision of this Act |
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a state agency determines that a waiver or other authorization from |
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a federal agency is necessary for implementation, the agency |
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affected by the provision shall request the waiver or authorization |
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and may delay implementing that provision until the waiver or |
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authorization is granted. |
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SECTION 4. (a) Section 1 of this Act takes effect |
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September 1, 2007. |
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(b) Except as provided by Subsection (a) of this section, |
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this Act takes effect immediately if it receives a vote of |
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two-thirds of all the members elected to each house, as provided by |
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Section 39, Article III, Texas Constitution. If this Act does not |
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receive the vote necessary for immediate effect, this Act takes |
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effect August 27, 2007. |