88R23740 KBB-D
By: Bhojani, A. Johnson of Harris, Cortez, H.B. No. 3942
Hull, Harris of Williamson
Substitute the following for H.B. No. 3942:
By: Oliverson C.S.H.B. No. 3942
A BILL TO BE ENTITLED
AN ACT
relating to health benefit plan coverage of telemedicine,
teledentistry, and telehealth appointments with an originating
site or distant site located outside this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1455.001, Insurance Code, is amended by
amending Subdivision (1-a) and adding Subdivisions (1-b) and (1-c)
to read as follows:
(1-a) "Distant site" means the location where a health
professional provides a telemedicine medical service,
teledentistry dental service, or telehealth service.
(1-b) "Health professional" means:
(A) a physician;
(B) an individual who is:
(i) licensed or certified in this state to
perform health care services; and
(ii) authorized to assist:
(a) a physician in providing
telemedicine medical services that are delegated and supervised by
the physician; or
(b) a dentist in providing
teledentistry dental services that are delegated and supervised by
the dentist;
(C) a licensed or certified health professional
acting within the scope of the license or certification who does not
perform a telemedicine medical service or a teledentistry dental
service; or
(D) a dentist.
(1-c) "Originating site" means the location where an
individual receives a telemedicine medical service, teledentistry
dental service, or telehealth service.
SECTION 2. Section 1455.004, Insurance Code, is amended by
adding Subsection (e) to read as follows:
(e) A health benefit plan must provide coverage for a
covered health care service or procedure delivered as a
telemedicine medical service, teledentistry dental service, or
telehealth service with an originating site or distant site located
outside this state on the same basis and to the same extent that the
plan provides coverage for the service or procedure delivered as a
telemedicine medical service, teledentistry dental service, or
telehealth service with an originating site and distant site
located in this state if:
(1) the individual who receives the service resides
primarily in this state; and
(2) the health professional who provides the service:
(A) is licensed or otherwise authorized to
provide the service in this state; and
(B) has a physical office in this state.
SECTION 3. Section 1455.004, Insurance Code, as amended by
this Act, applies only to a health benefit plan delivered, issued
for delivery, or renewed on or after January 1, 2024. A health
benefit plan delivered, issued for delivery, or renewed before
January 1, 2024, is governed by the law as it existed immediately
before the effective date of this Act, and that law is continued in
effect for that purpose.
SECTION 4. This Act takes effect September 1, 2023.