82R3956 EES-D
 
  By: Nelson S.B. No. 967
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the use of telemonitoring in the medical assistance
  program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 531.001, Government Code, is amended by
  adding Subdivision (7) to read as follows:
               (7)  "Telemonitoring" means the use of
  telecommunications and information technology to provide access to
  health assessment, intervention, consultation, supervision, and
  information across distance. Telemonitoring includes the use of
  technologies such as telephones, facsimile machines, e-mail
  systems, text messaging systems, and remote patient monitoring
  devices to collect and transmit patient data for monitoring and
  interpretation.
         SECTION 2.  Subchapter B, Chapter 531, Government Code, is
  amended by adding Sections 531.02176, 531.02177, and 531.02178 to
  read as follows:
         Sec. 531.02176.  MEDICAID TELEMONITORING PILOT PROGRAMS FOR
  DIABETES. (a)  The commission shall determine whether the Medicaid
  Enhanced Care program's diabetes self-management training
  telemonitoring pilot program was cost neutral.
         (b)  In determining whether the pilot program described by
  Subsection (a) was cost neutral, the commission shall, at a
  minimum, compare:
               (1)  the health care costs of program participants who
  received telemonitoring services with the health care costs of a
  group of Medicaid recipients who did not receive telemonitoring
  services;
               (2)  the health care services used by program
  participants who received telemonitoring services with the health
  care services used by a group of Medicaid recipients who did not
  receive telemonitoring services;
               (3)  for program participants who received
  telemonitoring services, the amount spent on health care services
  before, during, and after the receipt of telemonitoring services;
  and
               (4)  for program participants who received
  telemonitoring services, the health care services used before,
  during, and after the receipt of telemonitoring services.
         (c)  If the commission determines that the pilot program
  described by Subsection (a) was cost neutral, the executive
  commissioner shall adopt rules for providing telemonitoring
  services through the Medicaid Texas Health Management Program for
  select diabetes patients in a manner comparable to that program.
         (d)  If the commission determines that the pilot program
  described by Subsection (a) was not cost neutral, the commission
  shall develop and implement within the Medicaid Texas Health
  Management Program for select diabetes patients a new diabetes
  telemonitoring pilot program based on evidence-based best
  practices, provided that the commission determines implementing
  the new diabetes telemonitoring pilot program would be cost
  neutral.
         (e)  In determining whether implementing a new diabetes
  telemonitoring pilot program under Subsection (d) would be cost
  neutral, the commission shall consider appropriate factors,
  including the following:
               (1)  the target population, participant eligibility
  criteria, and the number of participants to whom telemonitoring
  services would be provided;
               (2)  the type of telemonitoring technology to be used;
               (3)  the estimated cost of the telemonitoring services
  to be provided;
               (4)  the estimated cost differential to the state based
  on changes in participants' use of emergency department services,
  outpatient services, pharmaceutical and ancillary services, and
  inpatient services other than inpatient labor and delivery
  services; and
               (5)  other indirect costs that may result from the
  provision of telemonitoring services.
         Sec. 531.02177.  MEDICAID TELEMONITORING PILOT PROGRAM FOR
  CERTAIN CONDITIONS. (a)  The commission shall develop and
  implement a pilot program within the Medicaid Texas Health
  Management Program to evaluate the cost neutrality of providing
  telemonitoring services to persons who are diagnosed with health
  conditions other than diabetes, if the commission determines
  implementing the pilot program would be cost neutral.
         (b)  In determining whether implementing a pilot program
  under Subsection (a) would be cost neutral, the commission shall
  consider appropriate factors, including the following:
               (1)  the types of health conditions that could be
  assessed through the program by reviewing existing research and
  other evidence on the effectiveness of providing telemonitoring
  services to persons with those conditions;
               (2)  the target population, participant eligibility
  criteria, and the number of participants to whom telemonitoring
  services would be provided;
               (3)  the type of telemonitoring technology to be used;
               (4)  the estimated cost of the telemonitoring services
  to be provided;
               (5)  the estimated cost differential to the state based
  on changes in participants' use of emergency department services,
  outpatient services, pharmaceutical and ancillary services, and
  inpatient services other than inpatient labor and delivery
  services; and
               (6)  other indirect costs that may result from the
  provision of telemonitoring services.
         Sec. 531.02178.  DISSEMINATION OF INFORMATION ABOUT
  EFFECTIVE TELEMONITORING STRATEGIES. The commission shall
  annually:
               (1)  identify telemonitoring strategies implemented
  within the Medicaid program that have demonstrated cost neutrality
  or resulted in improved performance on key health measures; and
               (2)  disseminate information about the identified
  strategies to encourage the adoption of effective telemonitoring
  strategies.
         SECTION 3.  (a)  Not later than January 1, 2012, the
  executive commissioner of the Health and Human Services Commission
  shall adopt the rules required by Section 531.02176(c), Government
  Code, as added by this Act, if the commission determines that the
  Medicaid Enhanced Care program's diabetes self-management training
  telemonitoring pilot program was cost neutral.
         (b)  Not later than September 1, 2012, the Health and Human
  Services Commission shall determine whether implementing a new
  diabetes telemonitoring pilot program would be cost neutral if
  required by Section 531.02176(d), Government Code, as added by this
  Act, and report that determination to the governor and the
  Legislative Budget Board.
         SECTION 4.  Not later than September 1, 2012, the Health and
  Human Services Commission shall determine whether implementing a
  telemonitoring pilot program for health conditions other than
  diabetes would be cost neutral as required by Section 531.02177(a),
  Government Code, as added by this Act, and report that
  determination to the governor and the Legislative Budget Board.
         SECTION 5.  If before implementing any provision of this Act
  a state agency determines that a waiver or authorization from a
  federal agency is necessary for implementation of that provision,
  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 6.  This Act takes effect September 1, 2011.