88R23740 KBB-D
 
  By: Bhojani, A. Johnson of Harris, Cortez, H.B. No. 3942
      Hull, Harris of Williamson
 
  Substitute the following for H.B. No. 3942:
 
  By:  Oliverson C.S.H.B. No. 3942
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to health benefit plan coverage of telemedicine,
  teledentistry, and telehealth appointments with an originating
  site or distant site located outside this state.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1455.001, Insurance Code, is amended by
  amending Subdivision (1-a) and adding Subdivisions (1-b) and (1-c)
  to read as follows:
               (1-a)  "Distant site" means the location where a health
  professional provides a telemedicine medical service,
  teledentistry dental service, or telehealth service.
               (1-b)  "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)  a physician in providing
  telemedicine medical services that are delegated and supervised by
  the physician; or
                                 (b)  a dentist in providing
  teledentistry dental services that are delegated and supervised by
  the dentist;
                     (C)  a licensed or certified health professional
  acting within the scope of the license or certification who does not
  perform a telemedicine medical service or a teledentistry dental
  service; or
                     (D)  a dentist.
               (1-c) "Originating site" means the location where an
  individual receives a telemedicine medical service, teledentistry
  dental service, or telehealth service.
         SECTION 2.  Section 1455.004, Insurance Code, is amended by
  adding Subsection (e) to read as follows:
         (e)  A health benefit plan must provide coverage for a
  covered health care service or procedure delivered as a
  telemedicine medical service, teledentistry dental service, or
  telehealth service with an originating site or distant site located
  outside this state on the same basis and to the same extent that the
  plan provides coverage for the service or procedure delivered as a
  telemedicine medical service, teledentistry dental service, or
  telehealth service with an originating site and distant site
  located in this state if:
               (1)  the individual who receives the service resides
  primarily in this state; and
               (2)  the health professional who provides the service:
                     (A)  is licensed or otherwise authorized to
  provide the service in this state; and
                     (B)  has a physical office in this state.
         SECTION 3.  Section 1455.004, 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, 2024.  A health
  benefit plan delivered, issued for delivery, or renewed before
  January 1, 2024, 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 4.  This Act takes effect September 1, 2023.