Texas 2011 82nd Regular

Texas House Bill HB1605 Introduced / Bill

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                    82R3956 EES-D
 By: Guillen H.B. No. 1605


 A BILL TO BE ENTITLED
 AN ACT
 relating to the use of telemonitoring in the medical assistance
 program.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 531.001, Government Code, is amended by
 adding Subdivision (7) to read as follows:
 (7)  "Telemonitoring" means the use of
 telecommunications and information technology to provide access to
 health assessment, intervention, consultation, supervision, and
 information across distance. Telemonitoring includes the use of
 technologies such as telephones, facsimile machines, e-mail
 systems, text messaging systems, and remote patient monitoring
 devices to collect and transmit patient data for monitoring and
 interpretation.
 SECTION 2.  Subchapter B, Chapter 531, Government Code, is
 amended by adding Sections 531.02176, 531.02177, and 531.02178 to
 read as follows:
 Sec. 531.02176.  MEDICAID TELEMONITORING PILOT PROGRAMS FOR
 DIABETES. (a)  The commission shall determine whether the Medicaid
 Enhanced Care program's diabetes self-management training
 telemonitoring pilot program was cost neutral.
 (b)  In determining whether the pilot program described by
 Subsection (a) was cost neutral, the commission shall, at a
 minimum, compare:
 (1)  the health care costs of program participants who
 received telemonitoring services with the health care costs of a
 group of Medicaid recipients who did not receive telemonitoring
 services;
 (2)  the health care services used by program
 participants who received telemonitoring services with the health
 care services used by a group of Medicaid recipients who did not
 receive telemonitoring services;
 (3)  for program participants who received
 telemonitoring services, the amount spent on health care services
 before, during, and after the receipt of telemonitoring services;
 and
 (4)  for program participants who received
 telemonitoring services, the health care services used before,
 during, and after the receipt of telemonitoring services.
 (c)  If the commission determines that the pilot program
 described by Subsection (a) was cost neutral, the executive
 commissioner shall adopt rules for providing telemonitoring
 services through the Medicaid Texas Health Management Program for
 select diabetes patients in a manner comparable to that program.
 (d)  If the commission determines that the pilot program
 described by Subsection (a) was not cost neutral, the commission
 shall develop and implement within the Medicaid Texas Health
 Management Program for select diabetes patients a new diabetes
 telemonitoring pilot program based on evidence-based best
 practices, provided that the commission determines implementing
 the new diabetes telemonitoring pilot program would be cost
 neutral.
 (e)  In determining whether implementing a new diabetes
 telemonitoring pilot program under Subsection (d) would be cost
 neutral, the commission shall consider appropriate factors,
 including the following:
 (1)  the target population, participant eligibility
 criteria, and the number of participants to whom telemonitoring
 services would be provided;
 (2)  the type of telemonitoring technology to be used;
 (3)  the estimated cost of the telemonitoring services
 to be provided;
 (4)  the estimated cost differential to the state based
 on changes in participants' use of emergency department services,
 outpatient services, pharmaceutical and ancillary services, and
 inpatient services other than inpatient labor and delivery
 services; and
 (5)  other indirect costs that may result from the
 provision of telemonitoring services.
 Sec. 531.02177.  MEDICAID TELEMONITORING PILOT PROGRAM FOR
 CERTAIN CONDITIONS. (a)  The commission shall develop and
 implement a pilot program within the Medicaid Texas Health
 Management Program to evaluate the cost neutrality of providing
 telemonitoring services to persons who are diagnosed with health
 conditions other than diabetes, if the commission determines
 implementing the pilot program would be cost neutral.
 (b)  In determining whether implementing a pilot program
 under Subsection (a) would be cost neutral, the commission shall
 consider appropriate factors, including the following:
 (1)  the types of health conditions that could be
 assessed through the program by reviewing existing research and
 other evidence on the effectiveness of providing telemonitoring
 services to persons with those conditions;
 (2)  the target population, participant eligibility
 criteria, and the number of participants to whom telemonitoring
 services would be provided;
 (3)  the type of telemonitoring technology to be used;
 (4)  the estimated cost of the telemonitoring services
 to be provided;
 (5)  the estimated cost differential to the state based
 on changes in participants' use of emergency department services,
 outpatient services, pharmaceutical and ancillary services, and
 inpatient services other than inpatient labor and delivery
 services; and
 (6)  other indirect costs that may result from the
 provision of telemonitoring services.
 Sec. 531.02178.  DISSEMINATION OF INFORMATION ABOUT
 EFFECTIVE TELEMONITORING STRATEGIES. The commission shall
 annually:
 (1)  identify telemonitoring strategies implemented
 within the Medicaid program that have demonstrated cost neutrality
 or resulted in improved performance on key health measures; and
 (2)  disseminate information about the identified
 strategies to encourage the adoption of effective telemonitoring
 strategies.
 SECTION 3.  (a)  Not later than January 1, 2012, the
 executive commissioner of the Health and Human Services Commission
 shall adopt the rules required by Section 531.02176(c), Government
 Code, as added by this Act, if the commission determines that the
 Medicaid Enhanced Care program's diabetes self-management training
 telemonitoring pilot program was cost neutral.
 (b)  Not later than September 1, 2012, the Health and Human
 Services Commission shall determine whether implementing a new
 diabetes telemonitoring pilot program would be cost neutral if
 required by Section 531.02176(d), Government Code, as added by this
 Act, and report that determination to the governor and the
 Legislative Budget Board.
 SECTION 4.  Not later than September 1, 2012, the Health and
 Human Services Commission shall determine whether implementing a
 telemonitoring pilot program for health conditions other than
 diabetes would be cost neutral as required by Section 531.02177(a),
 Government Code, as added by this Act, and report that
 determination to the governor and the Legislative Budget Board.
 SECTION 5.  If before implementing any provision of this Act
 a state agency determines that a waiver or authorization from a
 federal agency is necessary for implementation of that provision,
 the agency affected by the provision shall request the waiver or
 authorization and may delay implementing that provision until the
 waiver or authorization is granted.
 SECTION 6.  This Act takes effect September 1, 2011.