Texas 2015 - 84th Regular

Texas House Bill HB2172 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R9759 SCL-F
2	2	By: Smithee H.B. No. 2172
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to coverage of telehealth services or telemedicine medical
8	8	services under health benefit plans.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 1455.001, Insurance Code, is amended by
11	11	amending Subdivision (3) and adding Subdivision (4) to read as
12	12	follows:
13	13	(3) "Telehealth service" or [and] "telemedicine
14	14	medical service" means a health care service or medical service,
15	15	respectively, that is provided through the use of advanced
16	16	telecommunications technology for the purpose of:
17	17	(A) patient assessment, diagnosis, consultation,
18	18	or treatment; or
19	19	(B) the transfer of medical data [have the
20	20	meanings assigned by Section 57.042, Utilities Code].
21	21	(4) "Telemedicine provider" means:
22	22	(A) a physician who provides telemedicine
23	23	medical services; or
24	24	(B) a physician assistant or advanced practice
25	25	nurse who:
26	26	(i) provides telemedicine medical
27	27	services; and
28	28	(ii) is supervised by and has delegated
29	29	authority from a physician licensed in this state.
30	30	SECTION 2. Section 1455.004, Insurance Code, is amended by
31	31	adding Subsections (c), (d), (e), and (f) to read as follows:
32	32	(c) A health benefit plan may not cover a telemedicine
33	33	medical service unless the telemedicine provider:
34	34	(1) is licensed in this state;
35	35	(2) has established a physician-patient relationship
36	36	with the recipient of the service;
37	37	(3) is able to verify the identity of the patient;
38	38	(4) has discussed the risks and benefits of
39	39	telemedicine medical services with the patient;
40	40	(5) advises the patient to see a physician or other
41	41	health care professional in person within a reasonable time if the
42	42	patient's symptoms do not improve;
43	43	(6) provides only services that are medically
44	44	indicated;
45	45	(7) adopts protocols to prevent fraud and abuse;
46	46	(8) does not violate state or federal laws relating to
47	47	patient privacy;
48	48	(9) maintains medical records for all telemedicine
49	49	medical services;
50	50	(10) does not treat chronic pain with a controlled
51	51	substance listed on Schedule II, III, IV, or V under Chapter 481,
52	52	Health and Safety Code, at a site other than a site normally used
53	53	for the provision of medical care; and
54	54	(11) practices according to the appropriate standard
55	55	of care for the patient's condition.
56	56	(d) For the purposes of Subsection (c), a telemedicine
57	57	provider may establish a physician-patient relationship in an
58	58	initial encounter using telemedicine medical services.
59	59	(e) For the purposes of Subsection (c), a telemedicine
60	60	provider must ensure that the informed consent of the patient, or
61	61	another appropriate individual authorized to make health care
62	62	treatment decisions for the patient, is obtained before
63	63	telemedicine medical services are provided.
64	64	(f) For the purposes of Subsection (c), a telemedicine
65	65	provider shall ensure that the confidentiality of the patient's
66	66	medical information is maintained as required by Chapter 159,
67	67	Occupations Code, or other applicable law.
68	68	SECTION 3. The change in law made by this Act applies only
69	69	to a health benefit plan delivered, issued for delivery, or renewed
70	70	on or after January 1, 2016. A health benefit plan delivered,
71	71	issued for delivery, or renewed before January 1, 2016, is governed
72	72	by the law in effect immediately before the effective date of this
73	73	Act, and that law is continued in effect for that purpose.
74	74	SECTION 4. This Act takes effect September 1, 2015.