HLS 20RS-963 REENGROSSED
2020 Regular Session
HOUSE BILL NO. 449
BY REPRESENTATIVE ECHOLS
HEALTH SERVICES: Provides relative to behavioral health services delivered via
telehealth
1 AN ACT
2To amend and reenact R.S. 40:1223.3(6) and 2153(1) and to enact R.S. 40:2153(16) and
3 2156(B)(16), relative to behavioral health services; to provide relative to delivery of
4 such services through telehealth; to provide for definitions; to provide for regulation
5 of behavioral health services providers by the Louisiana Department of Health; to
6 provide for administrative rulemaking by the department relative to behavioral health
7 services; and to provide for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 40:1223.3(6) and 2153(1) are hereby amended and reenacted and
10R.S. 40:2153(16) and 2156(B)(16) are hereby enacted to read as follows:
11 §1223.3. Definitions
12 * * *
13 (6)(a) "Telehealth" means a mode of delivering healthcare services,
14 including behavioral health services, that utilizes information and communication
15 technologies to enable the diagnosis, consultation, treatment, education, care
16 management, and self-management of patients at a distance from healthcare
17 providers. Telehealth allows services to be accessed when providers are in a distant
18 site and patients are in the originating site. Telehealth facilitates patient
19 self-management and caregiver support for patients and includes synchronous
20 interactions and asynchronous store and forward transfers.
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are additions. HLS 20RS-963 REENGROSSED
HB NO. 449
1 (b) For purposes of this Paragraph, "behavioral health services" means those
2 services as defined in R.S. 40:2153 that are appropriate for the patient and delivered
3 by a licensed mental health professional, acting within the scope of applicable state
4 laws and his professional license for services identified by Louisiana Department of
5 Health, to treat mental illness or substance use.
6 * * *
7 §2153. Definitions
8 For the purposes of this Part, and subject to the provisions of R.S. 40:2154,
9 unless the context otherwise clearly indicates, the following terms shall have the
10 following meanings:
11 (1) "Behavioral health services" means mental health services, substance
12 abuse/addiction treatment services, or a combination of such services, for adults and
13 children. Behavioral health services may be provided, subject to rules and
14 regulations of the Louisiana Department of Health, in a residential setting, in a clinic
15 setting on an outpatient basis, or in a home or community setting, or through
16 telehealth.
17 * * *
18 (16) "Telehealth" has the meaning ascribed in R.S. 40:1223.3.
19 * * *
20 §2156. Rules and regulations; licensing standards; fees
21 * * *
22 B. The department shall prescribe, promulgate, and publish rules,
23 regulations, and licensing standards for behavioral health services providers. The
24 rules, regulations, and licensing standards shall include but are not limited to the
25 following:
26 * * *
27 (16) Delivery of behavioral health services through telehealth.
28 * * *
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are additions. HLS 20RS-963 REENGROSSED
HB NO. 449
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 449 Reengrossed 2020 Regular Session Echols
Abstract: Provides relative to behavioral health services delivered via telehealth and
regulation of such services by the La. Department of Health.
Present law, the Louisiana Telehealth Access Act (R.S. 40:1223.1 et seq.), defines
"telehealth", in pertinent part, as a mode of delivering healthcare services that utilizes
information and communication technologies to enable the diagnosis, consultation,
treatment, education, care management, and self-management of patients at a distance from
healthcare providers. Proposed law amends this definition to provide that healthcare
services delivered via telehealth include behavioral health services. Stipulates that, for
purposes of proposed law, "behavioral health services" means those services as defined in
present law that are appropriate for the patient and delivered by a licensed mental health
professional, acting within the scope of applicable state laws and his professional license for
services identified by the Louisiana Department of Health (LDH), to treat mental illness or
substance use.
Present law, the Behavioral Health Services Provider Licensing Law (R.S. 40:2151 et seq.),
authorizes the provision of behavioral health services in residential settings, clinic settings
on an outpatient basis, and in home or community settings. Proposed law amends present
law to authorize the provision of behavioral health services through telehealth. Stipulates
that the provision of behavioral health services in any authorized setting shall be subject to
rules and regulations of LDH.
Present law requires LDH to promulgate rules and regulations for behavioral health services
providers. Proposed law provides that such rules and regulations shall address the delivery
of behavioral health services by those providers through telehealth.
(Amends R.S. 40:1223.3(6) and 2153(1); Adds R.S. 40:2153(16) and 2156(B)(16))
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Stipulate that, for purposes of proposed law incorporating behavioral health
services within the "telehealth" definition, the term "behavioral health services"
means those services as defined in present law that are appropriate for the patient
and delivered by a licensed mental health professional, acting within the scope
of applicable state laws and his professional license for services identified by the
La. Department of Health, to treat mental illness or substance use.
2. Amend the definition of "behavioral health services" in present law to include a
reference to the provision of such services through telehealth.
3. Amend present law relative to settings in which behavioral health services may
be provided to stipulate that the provision of such services in those settings shall
be subject to rules and regulations of the La. Department of Health.
4. Make technical changes.
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CODING: Words in struck through type are deletions from existing law; words underscored
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