HBA-JRA, ALS C.S.H.B. 517 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 517
By: Gray
Public Health
4/30/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, medicaid reimbursement is allowed for telemedical
procedures performed in rural health care facilities.  The purpose of this
bill is to expand the availability of health care, particularly specialty
health care, to citizens throughout the state.  C.S.H.B. 517 requires
health and human services agencies to provide Medicaid reimbursement for a
telemedical consultation provided by a health professional who provides the
consultation for a patient who resides in an area designated as a medically
underserved area or a health professionals shortage area under certain
circumstances. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority previously delegated to the Health and Human Services Commission
is modified in SECTION 1 (Section 531.047, Government Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 531.047, Government Code, as added by Chapter
1251, Acts of the 75th Legislature, Regular Session, 1997, by amending
Subsections (a), (b), (c), (d), and (e) and adding Subsection (h), as
follows: 

Sec. 531.047.  REIMBURSEMENT FOR CERTAIN MEDICAL CONSULTATIONS.  (a)
Redefines "rural county" to provide, as an additional qualification, that
the county contains an area that was not designated as an urban area by the
1990 federal census and does not have within the boundaries of the county a
licensed hospital with less than 100 beds.  Redefines "rural health
facility" to provide, as an additional qualification, that the health
facility is a licensed hospital owned or operated by a municipality,
county, hospital district, or hospital authority and provides inpatient or
outpatient services, rather than a licensed, nonprofit hospital, or that
the health facility is a health clinic affiliated with such a hospital or a
federally-qualified health center. 

(b)  Requires the Health and Human Services Commission (HHSC), by rule, to
require each health and human services agency that administers a part of
the Medicaid program to provide Medicaid reimbursement for a telemedical
consultation provided by a health professional who provides the
consultation for a patient who resides in an area designated as a medically
underserved area or a health professionals shortage area if the medical
examination of the patient is under the control of the consultant health
professional, the consultation involves the participation of the health
professional who obtains the consultation as appropriate to meet the
medical needs of the patient and as necessary to provide information
requested by the consultant health professional, and the results of the
consultation are provided in a written report to the health professional
who obtains the consultation. 

(c)  Adds a consultation provided by a health professional described in
Subsection (b) to a health professional who practices in an area designated
as a medically underserved area or a health professionals shortage area to
the consultations for which HHSC is required to ensure that reimbursement
is provided. 

 (d)  Makes a conforming change.

(e)  Makes a conforming change.

(h)  Requires the commissioner of health and human services to establish an
advisory committee to assist the commission in developing policies for
telemedical consultations under this section. 

SECTION 2.  Effective date: September 1, 1999. 

SECTION 3.  Requires a state agency to request a waiver or authorization
from a federal agency for implementation of a provision of this Act if the
state agency determines that the waiver or authorization is necessary for
implementation. 

SECTION 4.  Emergency clause. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original in SECTION 1 (Section 531.047,
Government Code) by amending Subsections (d) and (e), as well as (a), (b),
and (c), and adding Subsection (h). 

In Subsection (a), the substitute redefines "rural county" and "rural
health facility," rather than deleting those definitions, defining "health
facility," and redefining "telemedical consultation." 

In Subsection (b), the substitute requires the Health and Human Services
Commission, by rule, to require each health and human services agency that
administers a part of the Medicaid program to provide Medicaid
reimbursement for a telemedical consultation provided by a health
professional who provides the consultation for a patient who resides in an
area designated as a medically underserved area or a health professionals
shortage area under certain circumstances. 

In Subsection (c), the substitute adds a consultation provided by a health
professional described in Subsection (b) to a health professional who
practices in an area designated as a medically underserved area or a health
professionals shortage area, to the consultations for which HHSC is
required to ensure that reimbursement is provided. 

In Subsections (d) and (e), the substitute makes conforming changes.

In Subsection (h), the substitute requires the commissioner of health and
human services to establish an advisory committee to assist the commission
in developing policies for telemedical consultations under this section.