Texas 2021 - 87th 1st C.S.

Texas House Bill HB206 Compare Versions

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11 87S10014 MCF-F
22 By: Darby H.B. No. 206
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to a pilot project to provide emergency telemedicine
88 medical services and telehealth services in rural areas.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Chapter 771, Health and Safety Code, is amended
1111 by adding Subchapter F to read as follows:
1212 SUBCHAPTER F. NEXT GENERATION 9-1-1 TELEMEDICINE MEDICAL SERVICES
1313 AND TELEHEALTH SERVICES PILOT PROJECT
1414 Sec. 771.151. DEFINITIONS. In this subchapter:
1515 (1) "Center" means the area health education center at
1616 the Texas Tech University Health Sciences Center that meets the
1717 requirements of 42 U.S.C. Section 294a and has been awarded federal
1818 funding as an area health education center.
1919 (2) "Emergency medical services" means services used
2020 to respond to an individual's perceived need for immediate medical
2121 care and to prevent death or aggravation of physiological or
2222 psychological illness or injury.
2323 (3) "Emergency medical services provider" means a
2424 person who uses or maintains emergency medical services vehicles,
2525 medical equipment, and emergency medical services personnel to
2626 provide emergency medical services.
2727 (4) "Emergency prehospital care" means care provided
2828 to a sick or injured individual before or during transportation of
2929 the individual to a medical facility, and includes any necessary
3030 stabilization of the individual in connection with that
3131 transportation.
3232 (5) "Pilot project" means a pilot project established
3333 under Section 771.152.
3434 (6) "Regional trauma resource center" means a trauma
3535 facility the center selects to participate in the pilot project.
3636 (7) "Rural area" means:
3737 (A) a county with a population of 50,000 or less;
3838 or
3939 (B) a geographically large, isolated, and
4040 sparsely populated area of a county with a population of more than
4141 50,000.
4242 (8) "Telehealth service" and "telemedicine medical
4343 service" have the meanings assigned by Section 111.001, Occupations
4444 Code.
4545 (9) "Trauma facility" means a health care facility
4646 equipped and staffed to provide comprehensive treatment of
4747 seriously injured individuals as part of an emergency medical
4848 services and trauma care system.
4949 Sec. 771.152. ESTABLISHMENT OF PILOT PROJECT. (a) The
5050 commission, with the assistance of the center, shall establish a
5151 pilot project to provide emergency medical services instruction and
5252 emergency prehospital care instruction through a telemedicine
5353 medical service or telehealth service provided by regional trauma
5454 resource centers to:
5555 (1) health care providers in rural area trauma
5656 facilities; and
5757 (2) emergency medical services providers in rural
5858 areas.
5959 (b) The commission shall provide technical assistance to
6060 the center in implementing the pilot project.
6161 (c) The center, with the assistance of the commission,
6262 shall:
6363 (1) design criteria and protocols for each
6464 telemedicine medical service or telehealth service offered and the
6565 related instruction and provide the oversight necessary to conduct
6666 the pilot project;
6767 (2) define criteria to determine when a telemedicine
6868 medical service or telehealth service that provides instruction for
6969 emergency medical services, emergency prehospital care, and trauma
7070 care should be transferred to an emergency medical resource center
7171 for intervention; and
7272 (3) collect the data necessary to evaluate the
7373 project.
7474 (d) The center may make available appropriate resources for
7575 individuals who do not speak English.
7676 Sec. 771.153. PERSONNEL. The center shall provide the
7777 telemedicine medical service or telehealth service and related
7878 instruction for the pilot project through health care providers in
7979 regional trauma resource centers, including physicians,
8080 pharmacists, emergency medical personnel, and other health
8181 professionals.
8282 Sec. 771.154. PARTICIPATION IN PILOT PROJECT. (a) The
8383 center shall determine the trauma facilities and emergency medical
8484 services providers interested in participating in the pilot
8585 project.
8686 (b) A trauma facility or emergency medical services
8787 provider participating in the pilot project must agree to
8888 successfully complete any required training and to provide all
8989 reports required by the center for the project.
9090 Sec. 771.155. SELECTION OF PROJECT PARTICIPANTS AND
9191 REGIONAL TRAUMA RESOURCE CENTERS. (a) The center, with the
9292 assistance of the commission, may select trauma facilities and
9393 emergency medical services providers to participate in the pilot
9494 project and select trauma facilities to serve as regional trauma
9595 resource centers.
9696 (b) The center may not select a trauma facility to
9797 participate in the pilot project or to serve as a regional trauma
9898 resource center unless the facility:
9999 (1) has a quality assurance program that measures each
100100 health care provider's compliance with the medical protocol;
101101 (2) uses emergency medical services and emergency
102102 prehospital care protocols approved by a physician medical director
103103 knowledgeable in emergency medical services and emergency
104104 prehospital care;
105105 (3) has experience in providing emergency medical
106106 services and emergency prehospital care that the center determines
107107 is sufficient; and
108108 (4) has resources sufficient to provide the additional
109109 telemedicine medical services or telehealth services and related
110110 instruction required for the project in addition to the health care
111111 services already provided by the facility.
112112 (c) In selecting a trauma facility to serve as a regional
113113 trauma resource center, the center shall consider the facility
114114 personnel's ability to maintain records and produce reports to
115115 measure the effectiveness of the pilot project. The center shall
116116 share information regarding that ability with the commission.
117117 Sec. 771.156. FUNDING OF PILOT PROJECT. (a) Money
118118 collected under Section 771.072(f) may be appropriated to the
119119 commission to fund the pilot project.
120120 (b) The center may seek grants to fund the pilot project.
121121 (c) A political subdivision with a trauma facility that
122122 participates in the pilot project may pay part of the costs of the
123123 project.
124124 (d) If a sufficient number of political subdivisions in a
125125 region that may be served by the pilot project agree to pay the
126126 center an amount that together with other funding received under
127127 this section is sufficient to fund the project for the region, the
128128 center shall:
129129 (1) contract with the political subdivisions for each
130130 to pay an appropriate share of the cost; and
131131 (2) implement the project for the region when the
132132 amounts agreed to in the contracts and any other funding received
133133 under this section are sufficient to fund the project for the
134134 region.
135135 Sec. 771.157. REPORT TO LEGISLATURE. The center, in
136136 cooperation with the commission, shall report its findings to the
137137 governor and the presiding officer of each house of the legislature
138138 not later than December 31, 2026.
139139 Sec. 771.158. LIABILITY. The operations of the center and a
140140 regional trauma resource center are considered to be the provision
141141 of 9-1-1 services for purposes of Section 771.053. Employees of and
142142 volunteers at the regional trauma resource center have the same
143143 protection from liability as a member of the governing body of a
144144 public agency under Section 771.053.
145145 Sec. 771.159. WORK GROUP. (a) The center may appoint a
146146 project work group to assist the center in developing,
147147 implementing, and evaluating the pilot project and preparing a
148148 report on the center's findings.
149149 (b) A member of the work group is not entitled to
150150 compensation for serving on the project work group and may not be
151151 reimbursed for travel or other expenses incurred while conducting
152152 the business of the project work group.
153153 (c) The project work group is not subject to Chapter 2110,
154154 Government Code.
155155 Sec. 771.160. EXPIRATION. This subchapter expires
156156 September 1, 2027.
157157 SECTION 2. Section 771.072(g), Health and Safety Code, is
158158 amended to read as follows:
159159 (g) Notwithstanding any other law, revenue derived from the
160160 equalization surcharge imposed under this section may be
161161 appropriated to the commission only for the purposes described by
162162 Section 771.156 and Sections 773.122 through 773.124.
163163 SECTION 3. This Act takes effect on the 91st day after the
164164 last day of the legislative session.