HBA-JEK H.B. 1615 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1615
By: Maxey
Public Health
3/2/2001
Introduced



BACKGROUND AND PURPOSE 

Texas faces unique challenges with its health care system.  The state has
experienced a larger population increase than any other state in the nation
in the past decade, especially in its Hispanic and aging babyboomer
populations.  Rural Texas has difficulty recruiting doctors, and several
counties in Texas do not even have a physician.  Telemedicine has the
potential to bring health services to rural and underserved communities.
House Bill 1615 provides for Medicaid reimbursement and the regulation of
telemedicine medical services in Texas. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Health and Human Services
Commission in SECTION 1 (Section 531.0216, Government Code), SECTION 2
(Section 531.02161, Government Code), SECTION 3 (Section 531.0217,
Government Code), SECTION 5 (Section 32.053, Human Resources Code), SECTION
15 (Section 57.0475, Utilities Code), and SECTION 17, to the
telecommunications infrastructure fund board in SECTION 2 (Section
531.02161, Government Code) and SECTION 15 (Section 57.0475, Utilities
Code), and to the Texas State Board of Medical Examiners in SECTION 3
(Section 531.0217, Government Code) and SECTION 10 (Section 6, Article
21.53F, Insurance Code) of this bill.  

ANALYSIS

House Bill 1615 amends the Government Code to require the Health and Human
Services Commission (HHSC) and the telecommunications infrastructure fund
board (TIF board) by joint rule to establish and adopt minimum standards
for an operating system used in the provision of telemedicine medical
services (telemedicine) by a health care facility participating in the
state Medicaid program no later than October 1, 2001.  The bill sets forth
requirements for minimum standards for the system (Sec. 531.02161 and
SECTION 16).  The bill requires HHSC no later than January 1, 2002 to
require by rule each human services agency that administers a part of the
Medicaid program to provide Medicaid reimbursement for telemedicine that is
initiated or provided by a physician (Sec. 531.0217 and SECTION 17). 

H.B. 1615 prohibits HHSC from reimbursing a health care facility for
telemedicine provided to a Medicaid recipient unless the facility complies
with the minimum standards adopted by HHSC and the TIF board. The bill
requires HHSC to consult with the Texas Department of Health (TDH) and the
telemedicine advisory committee to develop a procedure to deny
reimbursement for a health care service that, based on credible, clinical
evidence, is shown to be medically inappropriate for delivery using a
telecommunications system.  The bill requires HHSC to report to the speaker
of the house of representatives and the lieutenant governor on the effects
of telemedicine on the Medicaid program in the state no later than December
1 of each even-numbered year, and  authorizes HHSC to adopt rules as
necessary to implement provisions related to telemedicine reimbursement
(Sec. 531.0216). 

H.B. 1615 requires HHSC to make a good faith effort to identify and
coordinate with existing providers to preserve and protect existing health
care systems and medical relationships in an area.  The bill requires HHSC
to require a patient's primary care physician to be notified of
telemedicine for the purpose of sharing  information.  The bill requires
HHSC in consultation with the Texas State Board of Medical Examiners
(TSBME) to monitor and regulate the use of telemedicine to ensure
compliance with these provisions, and authorizes HHSC to use a corrective
action plan to ensure compliance (Sec. 531.0217). 

H.B. 1615 amends the Government and Insurance codes to authorize TSBME to
adopt rules as necessary to ensure the quality of care provided to patients
who receive telemedicine, to ensure adequate supervision of health
professionals who are not physicians and who provide telemedicine, to
establish the maximum number of health professionals who are not physicians
that a physician may supervise through telemedicine, and to require a
face-to-face consultation with a  physician within a certain number of days
following a telemedicine service (Sec. 531.0217, Government Code and Sec.
6, Art. 21.53F, Insurance Code). 

The bill amends the Government Code to require the advisory committee
established by HHSC to coordinate state telemedicine efforts and assist the
commission in evaluating, monitoring, and coordinating telemedicine
services and reimbursement.  The bill provides that the telemedicine
provisions do not affect any requirement relating to a rural health clinic
or physician delegation of the authority to carry out or sign prescription
drug orders to an advanced practice nurse or physician assistant (Sec.
531.0217). 

H.B. 1615 amends the Health and Safety Code to provide that a health plan
provider that is providing state child health plan (CHIP) covered benefits
to a child must permit benefits to be provided through telemedicine in
accordance with policies developed by HHSC.  The bill sets forth benefits
for which the policies must provide (Sec. 62.157). 

H.B. 1615 amends the Human Resources Code to require HHSC to establish a
pilot program under which certain recipients of medical assistance receive
home health care services through telemedicine in addition to other home
health care services for which the recipients are eligible (pilot program).
The bill sets forth provisions regarding the designing and implementation
of the pilot program and requires HHSC to adopt eligibility criteria for
the pilot program as specified in the bill.  The bill requires HHSC to
report to the legislature regarding the pilot program no later than
December 1, 2004, and to adopt all rules necessary for implementing the
pilot program.  The provisions regarding the pilot program expire on
September 1, 2005 (Sec. 32.053). 

H.B. 1615 amends the Utilities Code to require the TIF board to establish
an assistance program to provide education concerning the
telecommunications infrastructure fund and to facilitate access to funds
and programs by eligible health care facilities and physicians.  The bill
provides that the assistance program must include a toll-free telephone
number and provide access to information through the Internet (Sec.
57.045).  The bill also requires the TIF board and HHSC to jointly adopt
rules prescribing the criteria that certain health care facilities must
meet to be eligible to receive a grant from the TIF board and sets forth
requirements regarding the criteria (Sec. 57.0475). 


The bill requires HHSC to submit for approval a plan amendment relating to
CHIP if it believes such an amendment is necessary for compliance with this
bill.  The bill authorizes HHSC and the Texas Board of Health to delay the
implementation of  the CHIP provisions of this bill until the approval of
the amended plan (SECTION 18). 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.