Texas 2021 - 87th Regular

Texas House Bill HB887 Compare Versions

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

Old	New	Differences
1	1	87R1967 MEW/BEE-D
2	2	By: Shaheen H.B. No. 887
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to telemedicine medical services and telehealth services
8	8	covered by certain health benefit plans or provided by a
9	9	pharmacist.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 1455.001(1), Insurance Code, is amended
12	12	to read as follows:
13	13	(1) "Health professional" means:
14	14	(A) a physician;
15	15	(B) an individual who is:
16	16	(i) licensed or certified in this state to
17	17	perform health care services; and
18	18	(ii) authorized to assist a physician in
19	19	providing telemedicine medical services that are delegated and
20	20	supervised by the physician; [or]
21	21	(C) a licensed or certified health professional,
22	22	including a mental health professional, acting within the scope of
23	23	the license or certification who does not perform a telemedicine
24	24	medical service; or
25	25	(D) an individual who is credentialed to provide
26	26	qualified mental health professional community services, has
27	27	demonstrated and documented competency in the work to be performed,
28	28	and:
29	29	(i) holds a bachelor's or more advanced
30	30	degree from an accredited institution of higher education with a
31	31	minimum number of hours that is equivalent to a major in psychology,
32	32	social work, medicine, nursing, rehabilitation, counseling,
33	33	sociology, human growth and development, physician assistant
34	34	studies, gerontology, special education, educational psychology,
35	35	early childhood education, or early childhood intervention;
36	36	(ii) is a registered nurse; or
37	37	(iii) completes an alternative
38	38	credentialing process identified by the Department of State Health
39	39	Services.
40	40	SECTION 2. Chapter 1455, Insurance Code, is amended by
41	41	adding Sections 1455.007 and 1455.008 to read as follows:
42	42	Sec. 1455.007. REIMBURSEMENT AND PAYMENT. (a) A health
43	43	benefit plan issuer must reimburse a preferred or contracted health
44	44	professional for providing a covered health care service or
45	45	procedure to a covered patient as a telemedicine medical service or
46	46	telehealth service on the same basis and at least at the same rate
47	47	that the issuer provides reimbursement to that health professional
48	48	for the service or procedure in an in-person setting.
49	49	(b) Notwithstanding Subsection (a), a health benefit plan
50	50	issuer is not required to pay more than the billed charge on a claim
51	51	for payment by a preferred or contracted health professional.
52	52	(c) For purposes of processing payment of a claim, a health
53	53	benefit plan issuer may not require a preferred or contracted
54	54	health professional to provide documentation of a covered health
55	55	care service or procedure delivered by the health professional to a
56	56	covered patient as a telemedicine medical service or telehealth
57	57	service beyond that which is required for the service or procedure
58	58	in an in-person setting.
59	59	Sec. 1455.008. WAIVER PROHIBITED. The provisions of this
60	60	chapter may not be waived, voided, or nullified by contract.
61	61	SECTION 3. Section 554.005, Occupations Code, is amended by
62	62	adding Subsection (d) to read as follows:
63	63	(d) In implementing Subsection (a)(3)(C)(iv), the board may
64	64	not require the in-person counseling of patients.
65	65	SECTION 4. Chapter 1455, Insurance Code, as amended by this
66	66	Act, applies only to a health benefit plan delivered, issued for
67	67	delivery, or renewed on or after January 1, 2022. A health benefit
68	68	plan delivered, issued for delivery, or renewed before January 1,
69	69	2022, is governed by the law as it existed immediately before the
70	70	effective date of this Act, and that law is continued in effect for
71	71	that purpose.
72	72	SECTION 5. This Act takes effect September 1, 2021.