HLS 20RS-665 ORIGINAL 2020 Regular Session HOUSE BILL NO. 553 BY REPRESENTATIVE CREWS INSURANCE/HEALTH: Provides relative to remote patient monitoring 1 AN ACT 2To enact Part X of Subchapter D of Chapter 5-D of Title 40 of the Louisiana Revised 3 Statutes of 1950, to be comprised of R.S. 40:1227.1 through 1227.8, and Subpart E 4 of Part I of Chapter 5-E of Title 40 of the Louisiana Revised Statutes of 1950, 5 comprised of R.S. 40:1248.1, relative to remote patient monitoring; to provide for 6 remote monitoring services; to establish patient qualifications; to establish 7 monitoring equipment and network requirements; to require Medicaid coverage for 8 remote patient monitoring; to define key terms; and to provide for related matters. 9Be it enacted by the Legislature of Louisiana: 10 Section 1. Part X of Subchapter D of Chapter 5-D of Title 40 of the Louisiana 11Revised Statutes of 1950, comprised of R.S. 40:1227.1 through 1227.8, and Subpart E of 12Part I of Chapter 5-E of Title 40 of the Louisiana Revised Statutes of 1950, comprised of 13R.S. 40:1248.1, are hereby enacted to read as follows: 14 PART X. REMOTE PATIENT MONITORING 15 §1227.1. Short title 16 This Part shall be known and may be cited as the "Louisiana Remote Patient 17 Monitoring Program Law". 18 §1227.2. Legislative findings 19 The legislature hereby finds and declares all of the following: Page 1 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 20RS-665 ORIGINAL HB NO. 553 1 (1) Remote patient monitoring services aim to allow more people to remain 2 at home or in other residential settings and to improve the quality and cost of their 3 care, including prevention of more costly care. 4 (2) The goal of remote patient monitoring services provided through 5 telehealth is to coordinate primary, acute, behavioral, and long-term social service 6 needs for high need, high cost patients. 7 §1227.3. Definitions 8 As used in this Part, the following definitions apply: 9 (1) "Remote patient monitoring services" means the delivery of home health 10 services using telecommunications technology to enhance the delivery of home 11 health care, including but not limited to all of the following: 12 (a) Monitoring of clinical patient data such as weight, blood pressure, pulse, 13 pulse oximetry, and other condition-specific data, such as blood glucose. 14 (b) Medication adherence monitoring. 15 (c) Interactive video conferencing with or without digital image upload. 16 (2) "Telehealth" shall have the same meaning as defined in R.S. 40:1223.3. 17 §1227.4. Remote patient monitoring 18 Remote patient monitoring services provided through telehealth may be used 19 by patients who meet the requirements of this Section and who are capable and 20 willing to use home telehealth and can maintain performance of needed tasks, or 21 have the availability of informal caregivers to help with remote patient monitoring 22 through telehealth. 23 §1227.5. Qualifications for patients 24 To qualify for participation in remote patient monitoring services, a patient 25 shall meet all of the following criteria: 26 (1) Be diagnosed, in the previous eighteen months, with one or more chronic 27 conditions, as defined by the Centers for Medicare and Medicaid Services, which 28 include but are not limited to sickle cell, mental health, asthma, diabetes, and heart 29 disease. Page 2 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 20RS-665 ORIGINAL HB NO. 553 1 (2) Have a recent history of costly service use due to one or more chronic 2 conditions as evidenced by two or more hospitalizations, including emergency room 3 visits, in the last twelve months. 4 (3) Have a recommendation from the patient's healthcare provider for disease 5 management services through remote patient monitoring. 6 §1227.6. Remote monitoring services 7 Remote patient monitoring services through telehealth shall consist of all of 8 the following: 9 (1) An assessment, problem identification, and evaluation which includes all 10 of the following: 11 (a) Assessment and monitoring of clinical data including but not limited to 12 appropriate vital signs, pain levels, and other biometric measures specified in the 13 plan of care and an assessment of responses to previous changes in the plan of care. 14 (b) Detection of condition changes based on the telehealth encounter that 15 may indicate the need for a change in the plan of care. 16 (2) Implementation of a management plan through one or more of the 17 following: 18 (a) Teaching regarding medication management as appropriate based on the 19 telemedicine findings for that encounter. 20 (b) Teaching regarding other interventions as appropriate to both the patient 21 and the caregiver. 22 (c) Management and evaluation of the plan of care including changes in visit 23 frequency or addition of other skilled services. 24 (d) Coordination of care with the ordering healthcare provider regarding 25 telehealth findings. 26 (e) Coordination and referral to other healthcare providers as needed. 27 (f) Referral for an in-person visit or the emergency room as needed. Page 3 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 20RS-665 ORIGINAL HB NO. 553 1 §1227.7. Remote monitoring equipment and network requirements 2 Any telehealth equipment and network used for remote patient monitoring 3 services shall meet all of the following requirements: 4 (1) Compliance with applicable standards of the United States Food and 5 Drug Administration. 6 (2) Maintenance of telehealth equipment in good repair and free from safety 7 hazards. 8 (c) Installation of only new or sanitized equipment in the patient's home 9 setting. 10 (d) Accommodation of language options other than English. 11 (e) Availability of technical and clinical support services for the patient user 12 twenty-four hours a day, seven days a week. 13 §1227.8. Remote monitoring services; procedure code required 14 In any reimbursement claim for the remote monitoring services provided, the 15 appropriate procedure code for the covered healthcare service shall be included with 16 the appropriate modifier indicating telehealth services were used. 17 * * * 18 SUBPART E. TELEMEDICINE AND TELEHEALTH 19 SERVICES REIMBURSEMENT 20 §1248.1. Remote patient monitoring; medical assistance program 21 A. Remote patient monitoring services as provided for in the Louisiana 22 Remote Patient Monitoring Program Law, R.S. 40:1227.1 et seq., shall be a covered 23 service in the medical assistance program. 24 B. A one-time telehealth installation and training fee for remote patient 25 monitoring services may also be reimbursed at a maximum of two installation and 26 training fees per calendar year. 27 C. Only Louisiana-based telehealth programs affiliated with a Louisiana 28 healthcare facility shall be eligible for the reimbursements provided for in this 29 Section. Page 4 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 20RS-665 ORIGINAL HB NO. 553 1 D. No geographic restrictions shall be placed on the delivery of remote 2 patient monitoring services in the home setting other than requiring the patient reside 3 within the state of Louisiana. 4 E. The originating site shall be eligible to receive a facility fee, but a facility 5 fee shall not be payable to the distant site. 6 F. For the purposes of this Section, "medical assistance program" means the 7 medical assistance program provided for in Title XIX of the Social Security Act as 8 administered by the Louisiana Department of Health. 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 553 Original 2020 Regular Session Crews Abstract: Establishes the La. Remote Patient Monitoring Program Law. Proposed law defines "remote patient monitoring services" as the delivery of home health services using telecommunications technology to enhance the delivery of home health care, including but not limited to all of the following: (1)Monitoring of clinical patient data such as weight, blood pressure, pulse, pulse oximetry, and other condition-specific data, such as blood glucose. (2)Medication adherence monitoring. (3)Interactive video conferencing with or without digital image upload. Proposed law authorizes a patient who meet the requirements of proposed law to use remote patient monitoring services provided through telehealth if the patient is capable and willing to use home telehealth and can maintain performance of needed tasks, or has the availability of informal caregivers to help with remote patient monitoring through telehealth. Proposed law requires a patient to meet all of the following criteria to qualify for participation in remote patient monitoring services: (1)Be diagnosed, in the previous 18 months, with one or more chronic conditions, as defined by the Centers for Medicare and Medicaid Services. (2)Have a recent history of costly service use due to one or more chronic conditions as evidenced by two or more hospitalizations, including emergency room visits, in the last 12 months. (3)Have a recommendation from the patient's healthcare provider for disease management services through remote patient monitoring. Page 5 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 20RS-665 ORIGINAL HB NO. 553 Proposed law requires remote patient monitoring services through telehealth to consist of an assessment, problem identification, and evaluation and the implementation of a management plan. Proposed law establishes minimum requirements for any telehealth equipment and network used for remote patient monitoring services. Proposed law provides that remote patient monitoring services shall be a covered service in the La. medical assistance program subject to the following limitations: (1)A one-time telehealth installation and training fee for remote patient monitoring services may also be reimbursed at a maximum of two installation and training fees per calendar year. (2)Only La-based telehealth programs affiliated with a La. healthcare facility are eligible. (3)No geographic restrictions shall be placed on the delivery of remote patient monitoring services in the home setting other than requiring the patient reside within the state of La. (4)The originating site shall be eligible to receive a facility fee, but a facility fee shall not be payable to the distant site. (Adds R.S. 40:1227.1-1227.8 and 1248.1) Page 6 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions.