| 1 | 1 | | By: Zaffirini S.B. No. 1886 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to developing a program to provide telemedicine medical |
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| 7 | 7 | | services to certain children. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter B, Chapter 32, Human Resources Code, |
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| 10 | 10 | | is amended by adding Section 32.076 to read as follows: |
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| 11 | 11 | | Sec. 32.076. PROGRAM FOR TELEMEDICINE MEDICAL SERVICES FOR |
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| 12 | 12 | | CHILDREN WITH CHRONIC OR COMPLEX MEDICAL NEEDS. (a) In this |
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| 13 | 13 | | section, "telemedicine medical service" means a health care service |
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| 14 | 14 | | that is provided by a physician for purposes of patient assessment, |
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| 15 | 15 | | diagnosis, consultation, or treatment, or for the transfer of |
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| 16 | 16 | | medical data, and that requires the use of advanced |
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| 17 | 17 | | telecommunications technology, other than telephone or facsimile |
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| 18 | 18 | | technology, including: |
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| 19 | 19 | | (1) compressed digital interactive video, audio, or |
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| 20 | 20 | | data transmission; |
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| 21 | 21 | | (2) clinical data transmission using computer imaging |
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| 22 | 22 | | by way of still-image capture and store and forward; and |
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| 23 | 23 | | (3) other technology that facilitates access to health |
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| 24 | 24 | | care services or medical specialty expertise. |
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| 25 | 25 | | (b) The department shall develop and implement a program to: |
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| 26 | 26 | | (1) enable an eligible child described under |
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| 27 | 27 | | Subsection (c) to receive medical assistance benefits for health |
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| 28 | 28 | | care services provided in the child's residence through |
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| 29 | 29 | | telemedicine medical services; and |
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| 30 | 30 | | (2) provide reimbursement to a pediatric |
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| 31 | 31 | | subspecialist who provides telemedicine medical services under |
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| 32 | 32 | | Subdivision (1). |
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| 33 | 33 | | (c) A child is eligible for inclusion in the program under |
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| 34 | 34 | | this section if the child: |
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| 35 | 35 | | (1) is a recipient of medical assistance; and |
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| 36 | 36 | | (2) has been diagnosed with: |
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| 37 | 37 | | (A) an end-stage solid organ disease; or |
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| 38 | 38 | | (B) a condition that, as determined by department |
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| 39 | 39 | | rule, requires: |
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| 40 | 40 | | (i) mechanical ventilation; |
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| 41 | 41 | | (ii) the child to be technology-dependent; |
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| 42 | 42 | | or |
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| 43 | 43 | | (iii) the child to be treated by three or |
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| 44 | 44 | | more specialists. |
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| 45 | 45 | | (d) The program must require that the health care services |
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| 46 | 46 | | provided through telemedicine medical services: |
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| 47 | 47 | | (1) are provided by a pediatric subspecialist who: |
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| 48 | 48 | | (A) has clinical privileges at a tertiary |
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| 49 | 49 | | pediatric health care system that is associated with an academic |
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| 50 | 50 | | medical center; and |
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| 51 | 51 | | (B) has previously treated the child in person; |
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| 52 | 52 | | and |
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| 53 | 53 | | (2) do not replace the health care services the child |
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| 54 | 54 | | is otherwise receiving. |
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| 55 | 55 | | (e) Not later than January 1, 2019, the department shall |
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| 56 | 56 | | report to the legislature on the results of the program. The report |
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| 57 | 57 | | must include: |
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| 58 | 58 | | (1) an evaluation of the clinical outcomes of the |
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| 59 | 59 | | program, including the program's success in reducing expected |
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| 60 | 60 | | emergency department visits; and |
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| 61 | 61 | | (2) the program's impact on medical costs. |
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| 62 | 62 | | (f) The executive commissioner may adopt rules to implement |
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| 63 | 63 | | this section. |
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| 64 | 64 | | (g) This section expires January 1, 2021. |
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| 65 | 65 | | SECTION 2. If before implementing any provision of this Act |
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| 66 | 66 | | a state agency determines that a waiver or authorization from a |
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| 67 | 67 | | federal agency is necessary for implementation of that provision, |
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| 68 | 68 | | the agency affected by the provision shall request the waiver or |
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| 69 | 69 | | authorization and may delay implementing that provision until the |
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| 70 | 70 | | waiver or authorization is granted. |
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| 71 | 71 | | SECTION 3. This Act takes effect September 1, 2015. |
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