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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 1963 By: Newton of the House
and
Jech of the Senate
AS INTRODUCED
An Act relating to telemedicine; providing
definitions; providing health care coverage for
certain telemedicine visits when the health care
provider is outside of Oklahoma; providing
requirements; authorizing the practice of medicine by
physicians outside of Oklahoma by telemedicine in
certain situations; providing for codification; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Sec tion 6805 of Title 36, unless there
is created a duplication in numbering, reads as follows:
As used in this act:
1. "Entity" means any institution, place, building or agency,
public or private, whether organized for profit or not, primarily
engaged in the maintenance and operation of facilities for the
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diagnosis, treatment or care of patients to obtain medical care,
surgical care, obstetrical care, or nursing care for illness,
disease, injury, infirmity, or deformity ;
2. "Gross patient revenue " means the total charges at a
hospital's full established rates for the provision of patient care
services and includes charges related to hospital-based physician
professional services ;
3. a. "Health 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 illnes s, and
(2) is offered by any insurance company, group
hospital service corporation or health
maintenance organiza tion 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 Retirement 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 1 974, or any
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other analogous benefit arrangement, whether the
payment is fixed or by indem nity,
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 dismemb erment,
(c) only for dental or visi on care,
(d) for a hospital confinement inde mnity 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 define d by
Section 1882(g)(1) of the Social Security A ct (42
U.S.C., Section 1395ss),
(3) workers' compensation insurance coverage,
(4) medical payment insura nce issued as part of a
motor vehicle insurance policy,
(5) a long-term care policy including a nursing home
fixed indemnity policy, unless a determinat ion is
made that the policy provides benefit coverage so
comprehensive that the policy meets the
definition of a health benefits plan, or
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(6) short-term health insurance issued on a
nonrenewable basis with a duration of six (6)
months or less;
4. "Insured" means a person whose health is covered by an
insurance policy;
5. "Recommended physician " is the physician to whom a referral
is made;
6. "Refer" means an action by a referring physician, who is
licensed to practice medicine or osteopathy pursuant to the laws of
this state, to a recommended physician and the recommended physician
delivers medical or osteopathic care to an insured on the referring
order of a referring physician;
7. "Referring physician" is a physician who makes a referral;
and
8. "Telemedicine" means technology-enabled health and care
management and delivery systems that extend capacity and access,
which includes:
a. synchronous mechanisms, which may incl ude live
audiovisual interaction between a patient and a health
care professional or real-time provider to provider
consultation through live interactive audiovisual
means,
b. asynchronous mechanisms, which incl ude store and
forward transfers, online excha nge of health
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information between a patient and a health care
professional and onli ne exchange of health information
between health care professionals, but shall not
include the use of au tomated text messages or
automated mobile applications that serve as the sole
interaction between a patient and a health care
professional,
c. remote patient monitoring, and
d. other electronic means that support clinical health
care, professional consulta tion, patient and
professional health-related education, public healt h
and health administration.
SECTION 2. NEW LAW A new secti on of law to be codified
in the Oklahoma Statutes as Section 6806 of Title 36, unless there
is created a duplication in numberin g, reads as follows:
A. For the purpose of assuring telemedicine coverage with an
entity, physician, physician's assistant, advanced practice
registered nurse, registered nurse, or licensed practical nurse
outside of Oklahoma for treatment of Oklahoma patients at any
location with the State of Oklahoma, any health benefit plan that is
offered, issued, or renewed in this state by a n insurer shall
provide coverage of health care services provided through
telemedicine provided that:
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1. The entity's gross patient revenue is equal to or greater
than One Billion Dollars ($1,000,000,000.00) ; and
2. An Oklahoma licensed physician referred the Oklahoma patient
to an entity or physician, physician 's assistant, or advanced
practice registered nurse outside of Oklahoma state lines.
B. If a recommended physician located outside of Oklahoma is
referred by an Oklahoma licensed physician to treat an Oklahoma
patient, the recommended physician shall be authorized to practice
medicine whether or not the recommended physici an is licensed by the
Oklahoma State Medical Board.
SECTION 3. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC HEALTH, dated 02/16/2023 -
DO PASS, As Coauthored.