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