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5 | 5 | | LCO No. 3480 1 of 3 |
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7 | 7 | | General Assembly Raised Bill No. 6472 |
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8 | 8 | | January Session, 2021 |
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9 | 9 | | LCO No. 3480 |
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11 | 11 | | |
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12 | 12 | | Referred to Committee on HUMAN SERVICES |
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14 | 14 | | |
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15 | 15 | | Introduced by: |
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16 | 16 | | (HS) |
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21 | 21 | | AN ACT CONCERNING TE LEHEALTH. |
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22 | 22 | | Be it enacted by the Senate and House of Representatives in General |
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23 | 23 | | Assembly convened: |
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25 | 25 | | |
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26 | 26 | | Section 1. (NEW) (Effective July 1, 2021) (a) As used in this section, (1) 1 |
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27 | 27 | | "commissioner" means the Commissioner of Social Services; (2) 2 |
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28 | 28 | | "department" means the Department of Social Services; (3) 3 |
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29 | 29 | | "asynchronous", "originating site", "remote patient monitoring", "store 4 |
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30 | 30 | | and forward transfer" and "synchronous" have the same meanings as 5 |
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31 | 31 | | provided in section 19a-906 of the general statutes; and (4) "telehealth" 6 |
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32 | 32 | | means the provision of health care or other health care services via 7 |
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33 | 33 | | information and communication technologies to facilitate the diagnosis, 8 |
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34 | 34 | | consultation and treatment, education, care management and self-9 |
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35 | 35 | | management of a patient's physical and mental health, and includes, but 10 |
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36 | 36 | | is not limited to (A) interaction between the patient at the originating 11 |
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37 | 37 | | site and the telehealth provider at a distant site, and (B) synchronous 12 |
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38 | 38 | | interactions, asynchronous store and forward transfers or remote 13 |
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39 | 39 | | patient monitoring. "Telehealth" does not include the use of a facsimile, 14 |
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40 | 40 | | a text messaging device or electronic mail. 15 Raised Bill No. 6472 |
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43 | 43 | | |
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44 | 44 | | LCO No. 3480 2 of 3 |
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46 | 46 | | (b) Notwithstanding the provisions of sections 17b-245c, 17b-245e 16 |
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47 | 47 | | and 19a-906 of the general statutes, the commissioner shall provide 17 |
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48 | 48 | | coverage under the Medicaid program for telehealth services in 18 |
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49 | 49 | | accordance with this section and to the extent permissible under federal 19 |
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50 | 50 | | law for a period of two years ending on June 30, 2023. The commissioner 20 |
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51 | 51 | | shall provide Medicaid reimbursement for services delivered via 21 |
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52 | 52 | | telehealth to the same extent as if the service was delivered in person, 22 |
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53 | 53 | | including, but not limited to, audio-only telehealth services when (1) 23 |
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54 | 54 | | such services can be delivered in a clinically appropriate manner, as 24 |
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55 | 55 | | determined by the commissioner, by means of a telephone, or (2) when 25 |
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56 | 56 | | a patient is unable to connect with telehealth providers by video due to 26 |
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57 | 57 | | access barriers, including, but not limited to, lack of technology, 27 |
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58 | 58 | | equipment or Internet access. 28 |
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59 | 59 | | (c) The commissioner shall not (1) impose higher patient cost sharing 29 |
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60 | 60 | | or more stringent prior authorization standards for telehealth services 30 |
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61 | 61 | | than in-person services, (2) limit coverage under the Medicaid program 31 |
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62 | 62 | | based on the provider's or patient's location during telehealth services, 32 |
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63 | 63 | | (3) prohibit a physician-patient relationship from being established via 33 |
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64 | 64 | | a telehealth visit, (4) prohibit a patient from providing consent to 34 |
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65 | 65 | | services or procedures verbally during a telehealth visit, or (5) limit 35 |
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66 | 66 | | coverage to an existing patient. 36 |
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67 | 67 | | (d) The commissioner shall require that the transmission, storage and 37 |
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68 | 68 | | dissemination of data and records related to telehealth services be in 38 |
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69 | 69 | | accordance with federal and state law and regulations concerning the 39 |
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70 | 70 | | privacy, security, confidentiality and safeguarding of individually 40 |
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71 | 71 | | identifiable information. 41 |
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72 | 72 | | (e) Not later than February 1, 2023, the commissioner shall submit a 42 |
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73 | 73 | | report, in accordance with the provisions of section 11-4a of the general 43 |
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74 | 74 | | statutes, to the joint standing committees of the General Assembly 44 |
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75 | 75 | | having cognizance of matters relating to human services and public 45 |
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76 | 76 | | health on (1) whether the expansion of telehealth services pursuant to 46 |
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77 | 77 | | this section has increased access to health care among Medicaid 47 |
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78 | 78 | | beneficiaries, (2) regions of the state that have experienced an increase 48 Raised Bill No. 6472 |
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81 | 81 | | |
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82 | 82 | | LCO No. 3480 3 of 3 |
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83 | 83 | | |
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84 | 84 | | in access due to the expansion of telehealth services, (3) any cost savings 49 |
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85 | 85 | | realized by the state for nonemergency transportation or other services 50 |
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86 | 86 | | related to the expansion of telehealth services, and (4) recommendations 51 |
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87 | 87 | | concerning whether Medicaid beneficiaries would benefit from a 52 |
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88 | 88 | | permanent expansion of telehealth services in accordance with this 53 |
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89 | 89 | | section. 54 |
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90 | 90 | | (f) The commissioner may implement policies and procedures as 55 |
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91 | 91 | | necessary to carry out the provisions of this section while in the process 56 |
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92 | 92 | | of adopting the policies and procedures as regulations, provided notice 57 |
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93 | 93 | | of intent to adopt the regulations is published in accordance with the 58 |
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94 | 94 | | provisions of section 17b-10 of the general statutes. 59 |
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95 | 95 | | This act shall take effect as follows and shall amend the following |
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96 | 96 | | sections: |
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97 | 97 | | |
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98 | 98 | | Section 1 July 1, 2021 New section |
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99 | 99 | | |
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100 | 100 | | Statement of Purpose: |
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101 | 101 | | To expand telehealth services for Medicaid beneficiaries for a period of |
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102 | 102 | | two years and study whether the benefits of expanding such services |
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103 | 103 | | should be made permanent. |
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104 | 104 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except |
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105 | 105 | | that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not |
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106 | 106 | | underlined.] |
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107 | 107 | | |
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