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AN ACT
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relating to participation and reimbursement of telemedicine |
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medical service providers under the Medicaid program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsections (c) and (d), Section 531.0216, |
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Government Code, are amended to read as follows: |
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(c) The commission shall encourage health care providers |
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and [physicians, teaching hospitals, small rural hospitals,
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federally qualified health centers, and state-owned] health care |
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facilities to participate as telemedicine medical service |
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providers in the health care delivery system. The commission may |
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not require that a service be provided to a patient through |
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telemedicine medical services when the service can reasonably be |
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provided by a physician through a face-to-face consultation with |
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the patient in the community in which the patient resides or works. |
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This subsection does not prohibit the authorization of the |
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provision of any service to a patient through telemedicine medical |
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services at the patient's request. |
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(d) Subject to Section 153.004, Occupations Code, the |
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commission may adopt rules as necessary to implement this section. |
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In the rules adopted under this section, the commission shall: |
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(1) refer to the site where the patient is physically |
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located as the patient site; and |
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(2) refer to the site where the physician providing |
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the telemedicine medical service is physically located as the |
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distant site. |
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SECTION 2. Subsection (d), Section 531.02163, Government |
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Code, is amended to read as follows: |
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(d) The commission shall provide reimbursement under the |
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state Medicaid program to a physician for overseeing a telemedicine |
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consultation at a telemedicine distant [hub] site if the |
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telepresenter at the patient [remote] site is another physician or |
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is an advanced practice nurse, registered nurse, or physician |
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assistant acting under physician delegation and supervision |
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throughout the consultation. |
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SECTION 3. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of the provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 4. As soon as practicable after the effective date |
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of this Act, the executive commissioner of the Health and Human |
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Services Commission shall modify rules adopted by the executive |
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commissioner to implement Subsection (d), Section 531.0216, and |
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Subsection (d), Section 531.02163, Government Code, before the |
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effective date of this Act to conform to the changes in law made to |
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those sections by this Act. |
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SECTION 5. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 760 passed the Senate on |
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March 28, 2007, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 760 passed the House on |
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May 23, 2007, by the following vote: Yeas 144, Nays 0, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |