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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
CONFERENCE COMMITTEE
SUBSTITUTE
FOR ENGROSSED
HOUSE BILL NO. 2120 By: McEntire of the House
and
Montgomery of the Senate
CONFERENCE COMMITTEE SUBSTITUTE
An Act relating to telemed icine; amending 36 O.S.
2011, Section 6802, as last amended by Section 1 of
Enrolled Senate Bill No. 674 of the 1st Session of
the 58th Oklahoma Legislature, which relates to
definitions; modifying definitions; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 36 O.S. 2011, Section 6802, as
last amended by Section 1 of Enrolled Senate Bill No. 674 of the 1st
Session of the 58th Oklahoma Legislature, is amended to read as
follows:
Section 6802. As used in the Oklahoma Telemedicine Act:
1. "Distant site" means a site at which a health care
professional licensed to practice in this state is located while
providing health care services by means of telemedicine;
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2. a. "Health benefit benefits plan" means any plan or
arrangement that:
(1) provides benefits for medical or surgical
expenses incurred as a result of a health
condition, accident or illness, and
(2) is offered by any insurance company, group
hospital service corporation or health
maintenance organization that delivers or issues
for delivery an individual, group, blanket or
franchise insurance policy or insurance
agreement, a group hospital service contract or
an evidence of coverage, or, to the extent
permitted by the Employee Retir ement Income
Security Act of 1974, 29 U.S.C., Section 1001 et
seq., by a multiple employer welfare arrangement
as defined in Section 3 of the Employee
Retirement Income Security Act of 1974, or any
other analogous benefit arrangement, whether the
payment is fixed or by indemnity,
b. Health benefits plan shall not include:
(1) a plan that provides coverage:
(a) only for a specified disease or diseases or
under an individual limited benefit policy,
(b) only for accidental death or dismemberment,
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(c) only for dental or vision care,
(d) for a hospital confinement indemnity policy,
(e) for disability income insurance or a
combination of accident -only and disability
income insurance, or
(f) as a supplement to liability insurance,
(2) a Medicare supplemental policy as defined by
Section 1882(g)(1) of the Social Security Act (42
U.S.C., Section 1395ss),
(3) workers' compensation insurance coverage,
(4) medical payment insurance issued as part of a
motor vehicle insurance policy,
(5) a long-term care policy including a nursing home
fixed indemnity policy, unless a determination is
made that the policy provides benefit coverage so
comprehensive that the policy meets the
definition of a health benefit benefits plan,
(6) short-term health insurance issued on a
nonrenewable basis with a duration of six (6)
months or less, or
(7) a plan offered by the Employees Group Insurance
Division of the Office of Management and
Enterprise Services;
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3. "Health care professional" means a physician or other health
care practitioner licen sed, accredited or certified to perform
specified health care services consistent with state law;
4. "Insurer" means any entity providing an accident and health
insurance policy in this state including, but not limited to, a
licensed insurance company, a not-for-profit hospital service and
medical indemnity corporation, a fraternal benefit society, a
multiple employer welfare arrangement or any other entity subject to
regulation by the Insurance Commissioner;
5. "mHealth", also referred to as "mobile heal th", means
patient medical and health information and includes the use of the
Internet and wireless devices by patients to obtain or create
specialized health information and online discussion groups to
provide peer-to-peer support;
6. "Originating site" means a site at which a patient is
located at the time health care services are provided to him or her
by means of telemedicine, which may include, but shall not be
restricted to, a patient's home, workplace or school;
7. 6. "Remote patient monitoring ser vices" means the delivery
of home health services using telecommunications technology to
enhance the delivery of home health care including monitoring of
clinical patient data such as weight, blood pressure, pulse, pulse
oximetry, blood glucose and other c ondition-specific data,
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medication adherence monitoring and interactive video conferencing
with or without digital image upload;
8. 7. "Store and forward transfer" means the transmission of a
patient's medical information either to or from an originating site
or to or from the health care professional at the distant site, but
does not require the patient being present nor must it be in real
time; and
9. 8. "Telemedicine" or "telehealth" means technology -enabled
health and care management and delivery syst ems that extend capacity
and access, which includes:
a. synchronous mechanisms, which may include live
audiovisual interaction between a patient and a health
care professional or real -time provider-to-provider
consultation through live interactive audiovis ual
means,
b. asynchronous mechanisms, which include store and
forward transfers, online exchange of health
information between a patient and a health care
professional and online exchange of health information
between health care professionals, but shall not
include the use of automated text messages or
automated mobile applications that serve as the sole
interaction between a patient and a health care
professional,
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c. remote patient monitoring, and
d. mHealth, and
e. other electronic means that support cl inical health
care, professional consultation, patient and
professional health-related education, public health
and health administration.
SECTION 2. This act shall become effective January 1, 2022.
58-1-8266 AB 05/10/21