87R1926 KFF-D
 
  By: Thierry H.B. No. 1990
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the provision and delivery of certain health, mental
  health, and educational services in this state, including the
  delivery of those services using telecommunications or information
  technology.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 531, Government Code, is
  amended by adding Section 531.02161 to read as follows:
         Sec. 531.02161.  SERVICE COORDINATION USING
  TELECOMMUNICATIONS OR INFORMATION TECHNOLOGY. (a) In this section,
  "service coordination" includes:
               (1)  development and maintenance of a plan of care,
  including an individual service plan, that meets the needs of a
  Medicaid recipient or child health plan program enrollee;
               (2)  coordination, including with providers, to assist
  the recipient or enrollee in accessing Medicaid or child health
  plan program benefits, including benefits under a Section 1915(c)
  waiver program;
               (3)  coordination, including with providers as
  appropriate, to assist the recipient or enrollee in accessing
  services provided by other community entities or service providers,
  including nonmedical providers; 
               (4)  transition planning to assist the recipient in
  preparing for changes in life circumstances and in available health
  care services to ease the recipient's shift into adulthood; and
               (5)  with respect to the STAR Health program,
  assistance provided to the caregiver of the recipient to help the
  caregiver manage information, including information needed for
  court hearings.
         (b)  The commission shall ensure that, to the extent
  appropriate, a Medicaid recipient or child health plan program
  enrollee who is eligible to receive service coordination benefits,
  including a recipient or enrollee receiving program benefits
  through a managed care delivery model, has the option to receive
  delivery of those benefits as a telehealth service or otherwise
  using telecommunications or information technology.
         (c)  The executive commissioner shall adopt rules necessary
  to implement this section, including rules governing when the
  delivery of service coordination benefits using telecommunications
  or information technology is appropriate.
  SECTION 2.  Section 1455.001(1), Insurance Code, is amended
  to read as follows:
               (1)  "Health professional" means:
                     (A)  a physician;
                     (B)  an individual who is:
                           (i)  licensed or certified in this state to
  perform health care services; and
                           (ii)  authorized to assist a physician in
  providing telemedicine medical services that are delegated and
  supervised by the physician; [or]
                     (C)  a licensed or certified health professional,
  including a mental health professional, acting within the scope of
  the license or certification who does not perform a telemedicine
  medical service; or
                     (D)  an individual who is credentialed to provide
  qualified mental health professional community services, has
  demonstrated and documented competency in the work to be performed,
  and:
                           (i)  holds a bachelor's or more advanced
  degree from an accredited institution of higher education with a
  minimum number of hours that is equivalent to a major in psychology,
  social work, medicine, nursing, rehabilitation, counseling,
  sociology, human growth and development, physician assistant
  studies, gerontology, special education, educational psychology,
  early childhood education, or early childhood intervention;
                           (ii)  is a registered nurse; or
                           (iii)  completes an alternative
  credentialing process identified by the Department of State Health
  Services.
         SECTION 3.  Chapter 1455, Insurance Code, is amended by
  adding Sections 1455.007 and 1455.008 to read as follows:
         Sec. 1455.007.  REIMBURSEMENT AND PAYMENT. (a)  A health
  benefit plan issuer must reimburse a preferred or contracted health
  professional for providing a covered health care service or
  procedure to a covered patient as a telemedicine medical service or
  telehealth service on the same basis and at least at the same rate
  that the issuer provides reimbursement to that health professional
  for the service or procedure in an in-person setting.
         (b)  Notwithstanding Subsection (a), a health benefit plan
  issuer is not required to pay more than the billed charge on a claim
  for payment by a preferred or contracted health professional.
         (c)  For purposes of processing payment of a claim, a health
  benefit plan issuer may not require a preferred or contracted
  health professional to provide documentation of a covered health
  care service or procedure delivered by the health professional to a
  covered patient as a telemedicine medical service or telehealth
  service beyond that which is required for the service or procedure
  in an in-person setting.
         Sec. 1455.008.  WAIVER PROHIBITED. The provisions of this
  chapter may not be waived, voided, or nullified by contract.
  SECTION 4.  Section 401.2022, Occupations Code, is amended
  by adding Subsection (c) to read as follows:
         (c)  Notwithstanding any other law, in adopting a rule under
  this section, the commission:
               (1)  shall authorize:
                     (A)  a license holder, including a licensed intern
  or licensed assistant, to provide services by telepractice through
  the use of any interactive audiovisual communication system,
  whether real-time or two-way, including a smartphone; and
                     (B)  any supervision requirement for an applicant
  under this chapter to be fulfilled wholly or partly by use of
  telecommunications technology; and
               (2)  may not:
                     (A)  require a license holder's initial
  professional contact with a client to be in-person; or
                     (B)  impose any limitation on a license holder's
  selection of a facilitator to assist the license holder in
  providing services by telepractice.
         SECTION 5.  Section 402.1023, Occupations Code, is amended
  by adding Subsection (c) to read as follows:
         (c)  Notwithstanding any other law, in adopting a rule under
  this section, the commission:
               (1)  shall authorize a license holder to provide
  services by telepractice through the use of any interactive
  audiovisual communication system, whether real-time or two-way,
  including a smartphone; and
               (2)  may not:
                     (A)  require a license holder's initial
  professional contact with a client to be in-person; or
                     (B)  impose any limitation on a license holder's
  selection of a facilitator to assist the license holder in
  providing services by telepractice.
         SECTION 6.  Section 402.255(a), Occupations Code, is amended
  to read as follows:
         (a)  A supervisor of a temporary training permit holder must:
               (1)  be licensed to fit and dispense hearing
  instruments under this chapter or Chapter 401, other than Section
  401.311 or 401.312; and
               (2)  [currently practice in an established place of
  business; and
               [(3)]  be responsible for the direct supervision and
  education of a temporary training permit holder.
         SECTION 7.  Section 403.151, Occupations Code, is amended by
  adding Subsection (a-1) to read as follows:
         (a-1)  Notwithstanding Subsection (a), a licensed dyslexia
  practitioner may practice outside of an educational setting to the
  extent necessary to provide a service that would otherwise be
  provided in an educational setting that is not reasonably
  accessible to the licensed dyslexia practitioner or client.
         SECTION 8.  Subchapter D, Chapter 403, Occupations Code, is
  amended by adding Section 403.153 to read as follows:
         Sec. 403.153.  USE OF TELECOMMUNICATIONS TECHNOLOGY.
  Notwithstanding any other law, a license holder may provide a
  service solely through the use of an interactive audiovisual
  communication system, whether real-time or two-way, including a
  smartphone.
         SECTION 9.  Section 506.003, Occupations Code, is amended by
  adding Subsection (c-1) to read as follows:
         (c-1)  Notwithstanding Subsection (c)(1), applied behavior
  analysis interventions may be based on observation and measurement
  of behavior and environment through the use of telecommunications
  technology if approved by the certifying entity.
         SECTION 10.  Section 506.055, Occupations Code, is amended
  to read as follows:
         Sec. 506.055.  STUDENTS, INTERNS, AND FELLOWS. (a) This
  chapter does not apply to an applied behavior analysis activity or
  service of a college or university student, intern, or fellow if:
               (1)  the activity or service is part of a defined
  behavior analysis program of study, course, practicum, internship,
  or postdoctoral fellowship;
               (2)  the activity or service is directly supervised by
  a licensed behavior analyst or an instructor in a course sequence
  approved by the certifying entity; and
               (3)  the person is designated as a "student," "intern,"
  "fellow," or "trainee."
         (b)  Notwithstanding Subsection (a)(2), a licensed behavior
  analyst or an instructor may supervise a behavior analysis activity
  or service through the use of telecommunications technology if
  approved by the applicable college or university and the certifying
  entity.
         SECTION 11.  Section 554.005, Occupations Code, is amended
  by adding Subsection (d) to read as follows:
         (d)  In implementing Subsection (a)(3)(C)(iv), the board may
  not require the in-person counseling of patients.
         SECTION 12.  Chapter 1455, Insurance Code, as amended by
  this Act, applies only to a health benefit plan delivered, issued
  for delivery, or renewed on or after January 1, 2022. A health
  benefit plan delivered, issued for delivery, or renewed before
  January 1, 2022, is governed by the law as it existed immediately
  before the effective date of this Act, and that law is continued in
  effect for that purpose.
         SECTION 13.  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 14.  This Act takes effect September 1, 2021.