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