Texas 2021 - 87th Regular

Texas Senate Bill SB434 Compare Versions

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

Old	New	Differences
1	1	87R1926 KFF-D
2	2	By: Blanco S.B. No. 434
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the provision and delivery of certain health, mental
8	8	health, and educational services in this state, including the
9	9	delivery of those services using telecommunications or information
10	10	technology.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter B, Chapter 531, Government Code, is
13	13	amended by adding Section 531.02161 to read as follows:
14	14	Sec. 531.02161. SERVICE COORDINATION USING
15	15	TELECOMMUNICATIONS OR INFORMATION TECHNOLOGY. (a) In this section,
16	16	"service coordination" includes:
17	17	(1) development and maintenance of a plan of care,
18	18	including an individual service plan, that meets the needs of a
19	19	Medicaid recipient or child health plan program enrollee;
20	20	(2) coordination, including with providers, to assist
21	21	the recipient or enrollee in accessing Medicaid or child health
22	22	plan program benefits, including benefits under a Section 1915(c)
23	23	waiver program;
24	24	(3) coordination, including with providers as
25	25	appropriate, to assist the recipient or enrollee in accessing
26	26	services provided by other community entities or service providers,
27	27	including nonmedical providers;
28	28	(4) transition planning to assist the recipient in
29	29	preparing for changes in life circumstances and in available health
30	30	care services to ease the recipient's shift into adulthood; and
31	31	(5) with respect to the STAR Health program,
32	32	assistance provided to the caregiver of the recipient to help the
33	33	caregiver manage information, including information needed for
34	34	court hearings.
35	35	(b) The commission shall ensure that, to the extent
36	36	appropriate, a Medicaid recipient or child health plan program
37	37	enrollee who is eligible to receive service coordination benefits,
38	38	including a recipient or enrollee receiving program benefits
39	39	through a managed care delivery model, has the option to receive
40	40	delivery of those benefits as a telehealth service or otherwise
41	41	using telecommunications or information technology.
42	42	(c) The executive commissioner shall adopt rules necessary
43	43	to implement this section, including rules governing when the
44	44	delivery of service coordination benefits using telecommunications
45	45	or information technology is appropriate.
46	46	SECTION 2. Section 1455.001(1), Insurance Code, is amended
47	47	to read as follows:
48	48	(1) "Health professional" means:
49	49	(A) a physician;
50	50	(B) an individual who is:
51	51	(i) licensed or certified in this state to
52	52	perform health care services; and
53	53	(ii) authorized to assist a physician in
54	54	providing telemedicine medical services that are delegated and
55	55	supervised by the physician; [or]
56	56	(C) a licensed or certified health professional,
57	57	including a mental health professional, acting within the scope of
58	58	the license or certification who does not perform a telemedicine
59	59	medical service; or
60	60	(D) an individual who is credentialed to provide
61	61	qualified mental health professional community services, has
62	62	demonstrated and documented competency in the work to be performed,
63	63	and:
64	64	(i) holds a bachelor's or more advanced
65	65	degree from an accredited institution of higher education with a
66	66	minimum number of hours that is equivalent to a major in psychology,
67	67	social work, medicine, nursing, rehabilitation, counseling,
68	68	sociology, human growth and development, physician assistant
69	69	studies, gerontology, special education, educational psychology,
70	70	early childhood education, or early childhood intervention;
71	71	(ii) is a registered nurse; or
72	72	(iii) completes an alternative
73	73	credentialing process identified by the Department of State Health
74	74	Services.
75	75	SECTION 3. Chapter 1455, Insurance Code, is amended by
76	76	adding Sections 1455.007 and 1455.008 to read as follows:
77	77	Sec. 1455.007. REIMBURSEMENT AND PAYMENT. (a) A health
78	78	benefit plan issuer must reimburse a preferred or contracted health
79	79	professional for providing a covered health care service or
80	80	procedure to a covered patient as a telemedicine medical service or
81	81	telehealth service on the same basis and at least at the same rate
82	82	that the issuer provides reimbursement to that health professional
83	83	for the service or procedure in an in-person setting.
84	84	(b) Notwithstanding Subsection (a), a health benefit plan
85	85	issuer is not required to pay more than the billed charge on a claim
86	86	for payment by a preferred or contracted health professional.
87	87	(c) For purposes of processing payment of a claim, a health
88	88	benefit plan issuer may not require a preferred or contracted
89	89	health professional to provide documentation of a covered health
90	90	care service or procedure delivered by the health professional to a
91	91	covered patient as a telemedicine medical service or telehealth
92	92	service beyond that which is required for the service or procedure
93	93	in an in-person setting.
94	94	Sec. 1455.008. WAIVER PROHIBITED. The provisions of this
95	95	chapter may not be waived, voided, or nullified by contract.
96	96	SECTION 4. Section 401.2022, Occupations Code, is amended
97	97	by adding Subsection (c) to read as follows:
98	98	(c) Notwithstanding any other law, in adopting a rule under
99	99	this section, the commission:
100	100	(1) shall authorize:
101	101	(A) a license holder, including a licensed intern
102	102	or licensed assistant, to provide services by telepractice through
103	103	the use of any interactive audiovisual communication system,
104	104	whether real-time or two-way, including a smartphone; and
105	105	(B) any supervision requirement for an applicant
106	106	under this chapter to be fulfilled wholly or partly by use of
107	107	telecommunications technology; and
108	108	(2) may not:
109	109	(A) require a license holder's initial
110	110	professional contact with a client to be in-person; or
111	111	(B) impose any limitation on a license holder's
112	112	selection of a facilitator to assist the license holder in
113	113	providing services by telepractice.
114	114	SECTION 5. Section 402.1023, Occupations Code, is amended
115	115	by adding Subsection (c) to read as follows:
116	116	(c) Notwithstanding any other law, in adopting a rule under
117	117	this section, the commission:
118	118	(1) shall authorize a license holder to provide
119	119	services by telepractice through the use of any interactive
120	120	audiovisual communication system, whether real-time or two-way,
121	121	including a smartphone; and
122	122	(2) may not:
123	123	(A) require a license holder's initial
124	124	professional contact with a client to be in-person; or
125	125	(B) impose any limitation on a license holder's
126	126	selection of a facilitator to assist the license holder in
127	127	providing services by telepractice.
128	128	SECTION 6. Section 402.255(a), Occupations Code, is amended
129	129	to read as follows:
130	130	(a) A supervisor of a temporary training permit holder must:
131	131	(1) be licensed to fit and dispense hearing
132	132	instruments under this chapter or Chapter 401, other than Section
133	133	401.311 or 401.312; and
134	134	(2) [currently practice in an established place of
135	135	business; and
136	136	[(3)] be responsible for the direct supervision and
137	137	education of a temporary training permit holder.
138	138	SECTION 7. Section 403.151, Occupations Code, is amended by
139	139	adding Subsection (a-1) to read as follows:
140	140	(a-1) Notwithstanding Subsection (a), a licensed dyslexia
141	141	practitioner may practice outside of an educational setting to the
142	142	extent necessary to provide a service that would otherwise be
143	143	provided in an educational setting that is not reasonably
144	144	accessible to the licensed dyslexia practitioner or client.
145	145	SECTION 8. Subchapter D, Chapter 403, Occupations Code, is
146	146	amended by adding Section 403.153 to read as follows:
147	147	Sec. 403.153. USE OF TELECOMMUNICATIONS TECHNOLOGY.
148	148	Notwithstanding any other law, a license holder may provide a
149	149	service solely through the use of an interactive audiovisual
150	150	communication system, whether real-time or two-way, including a
151	151	smartphone.
152	152	SECTION 9. Section 506.003, Occupations Code, is amended by
153	153	adding Subsection (c-1) to read as follows:
154	154	(c-1) Notwithstanding Subsection (c)(1), applied behavior
155	155	analysis interventions may be based on observation and measurement
156	156	of behavior and environment through the use of telecommunications
157	157	technology if approved by the certifying entity.
158	158	SECTION 10. Section 506.055, Occupations Code, is amended
159	159	to read as follows:
160	160	Sec. 506.055. STUDENTS, INTERNS, AND FELLOWS. (a) This
161	161	chapter does not apply to an applied behavior analysis activity or
162	162	service of a college or university student, intern, or fellow if:
163	163	(1) the activity or service is part of a defined
164	164	behavior analysis program of study, course, practicum, internship,
165	165	or postdoctoral fellowship;
166	166	(2) the activity or service is directly supervised by
167	167	a licensed behavior analyst or an instructor in a course sequence
168	168	approved by the certifying entity; and
169	169	(3) the person is designated as a "student," "intern,"
170	170	"fellow," or "trainee."
171	171	(b) Notwithstanding Subsection (a)(2), a licensed behavior
172	172	analyst or an instructor may supervise a behavior analysis activity
173	173	or service through the use of telecommunications technology if
174	174	approved by the applicable college or university and the certifying
175	175	entity.
176	176	SECTION 11. Section 554.005, Occupations Code, is amended
177	177	by adding Subsection (d) to read as follows:
178	178	(d) In implementing Subsection (a)(3)(C)(iv), the board may
179	179	not require the in-person counseling of patients.
180	180	SECTION 12. Chapter 1455, Insurance Code, as amended by
181	181	this Act, applies only to a health benefit plan delivered, issued
182	182	for delivery, or renewed on or after January 1, 2022. A health
183	183	benefit plan delivered, issued for delivery, or renewed before
184	184	January 1, 2022, is governed by the law as it existed immediately
185	185	before the effective date of this Act, and that law is continued in
186	186	effect for that purpose.
187	187	SECTION 13. If before implementing any provision of this
188	188	Act a state agency determines that a waiver or authorization from a
189	189	federal agency is necessary for implementation of that provision,
190	190	the agency affected by the provision shall request the waiver or
191	191	authorization and may delay implementing that provision until the
192	192	waiver or authorization is granted.
193	193	SECTION 14. This Act takes effect September 1, 2021.