HBA-TYH H.B. 518 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 518 By: Gray Public Health 2/11/1999 Introduced BACKGROUND AND PURPOSE Texas is required by the federal government to provide a specified amount of health screening to children. Telemedicine is one method of facilitating child screening. H.B. 518 requires the use of telemedicine in the Medicaid Early and Periodic Screening, Diagnosis, and Treatment Program if an in-person consultation is not reasonably available where the child resides. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas State Board of Medical Examiners, the State Board of Dental Examiners, and the Health and Human Services Commission in SECTION 1 (Sec. 32.0242, Human Resources Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter B, Chapter 32, Human Resources Code, by adding Section 32.042, as follows: Sec. 32.0242. TELEMEDICAL CONSULTATIONS IN CERTAIN MEDICAID PROGRAMS. (a) Defines "EPSDT Program" (Early and Periodic Screening, Diagnosis, and Treatment Program) and "telemedical consultation." (b) Requires the Health and Human Services Commission or an agency operating part of the medical assistance program (department), in its rules governing the EPSDT Program, to require a telemedical consultation for the provision of an EPSDT Program service to a child who receives medical assistance under this chapter, if an in-person consultation with a health care provider is not reasonably available where the child resides or works. Prohibits the department from requiring a telemedical consultation for the provision of an EPSDT Program service to a child who receives medical assistance under this chapter, if an in-person consultation with a health care provider is reasonably available where the child resides or works. (c) Requires the department, in its rules governing the EPSDT Program, to require a health care facility that receives reimbursement for an EPSDT Program service provided through a telemedical consultation, to establish quality of care protocols and patient confidentiality guidelines to ensure that the telemedical consultation meets acceptable standards of patient care and legal requirements. (d) Authorizes the Texas State Board of Medical Examiners and the State Board of Dental Examiners, in consultation with the department, to adopt rules as necessary to ensure that appropriate care is provided to a child who receives an EPSDT Program service through a telemedical consultation and prevent abuse and fraud resulting from the use of a telemedical consultation in the EPSDT Program, including rules relating to the filing of a claim for reimbursement and the maintaining of records related to a telemedical consultation. SECTION 2. Effective date: September 1, 1999. SECTION 3. Requires the Texas Department of Health to adopt the rules required by Section 32.0242, Human Resources Code, as added by this Act, not later than January 1, 2000. SECTION 4. Requires a state agency affected by the provision to request the waiver or authorization, if before implementing any provision of this Act, the state agency determines that a waiver or authorization from a federal agency is necessary for implementation of that provision. Authorizes the agency to delay implementing that provision until the waiver or authorization is granted. SECTION 5. Emergency clause.