Bill Text: HI HB1980 | 2022 | Regular Session | Amended
Bill Title: Relating To Telephonic Services.
Spectrum: Partisan Bill (Democrat 33-0)
Status: (Enrolled - Dead) 2022-06-27 - Notice of intent to veto (Gov. Msg. No. 1216) [HB1980 Detail]
Download: Hawaii-2022-HB1980-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1980 |
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THIRTY-FIRST LEGISLATURE, 2022 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO TELEPHONIC SERVICES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 346-59.1, Hawaii Revised Statutes, is amended to read as follows:
"[[]§346-59.1[]] Coverage
for telehealth. (a) The State's medicaid managed care and
fee-for-service programs shall not deny coverage for any service provided
through telehealth that would be covered if the service were provided through
in‑person consultation between a patient and a health care provider.
(b) Reimbursement for services provided through telehealth shall be equivalent to reimbursement for the same services provided via face-to-face contact between a health care provider and a patient. Nothing in this section shall require a health care provider to be physically present with the patient at an originating site unless a health care provider at the distant site deems it necessary.
(c) There shall be no geographic restrictions or requirements for telehealth coverage or reimbursement under this section.
(d) There shall be no restrictions on originating site requirements for telehealth coverage or reimbursement under this section.
(e) Services provided by telehealth pursuant to this section shall be consistent with all federal and state privacy, security, and confidentiality laws.
(f) Notwithstanding any other law to the contrary, the provisions of this section shall comply with the applicable federal requirements related to utilization, coverage, and reimbursement for telehealth services.
(g) Telephonic behavioral health services may be covered
only when:
(1) Telehealth services
are technologically unavailable at the time the patient is scheduled to receive
a behavioral health service;
(2) The behavioral health
service is a medically necessary, covered health care service; and
(3) The health care
provider has provided the patient with an in-person behavioral health service no
longer than twelve months prior to the telephonic service;
provided that nothing in this section shall be interpreted
to require or prohibit coverage for any telephonic service.
[(g)] (h) For the purposes of this section:
"Distant site" means the location
of the health care provider delivering services through telehealth at the time
the services are provided.
"Health care provider" means a provider of services, as defined in title 42 United States Code section 1395x(u), a provider of medical and other health services, as defined in title 42 United States Code section 1395x(s), other practitioners licensed by the State and working within their scope of practice, and any other person or organization who furnishes, bills, or is paid for health care in the normal course of business, including but not limited to primary care providers, mental health providers, oral health providers, physicians and osteopathic physicians licensed under chapter 453, advanced practice registered nurses licensed under chapter 457, psychologists licensed under chapter 465, and dentists licensed under chapter 448.
"Originating site" means the location where the patient is located, whether accompanied or not by a health care provider, at the time services are provided by a health care provider through telehealth, including but not limited to a health care provider's office, hospital, critical access hospital, rural health clinic, federally qualified health center, a patient's home, and other non-medical environments such as school-based health centers, university-based health centers, or the work location of a patient.
"Telehealth" means the use of telecommunications services, as defined in section 269‑1, to encompass four modalities: store and forward technologies, remote monitoring, live consultation, and mobile health; and which shall include but not be limited to real-time video conferencing-based communication, secure interactive and non‑interactive web-based communication, and secure asynchronous information exchange, to transmit patient medical information, including diagnostic-quality digital images and laboratory results for medical interpretation and diagnosis, for the purpose of delivering enhanced health care services and information while a patient is at an originating site and the health care provider is at a distant site. Standard telephone contacts, facsimile transmissions, or e-mail text, in combination or by itself, does not constitute a telehealth service for the purposes of this section."
"Telephonic service" means the use of two-way, real-time audio-only telephone communication by a health care provider at a distant site, for the purpose of diagnosing, monitoring, or treating a patient. "Telephonic service" does not constitute telehealth."
SECTION 2. Section 431:10A-116.3, Hawaii Revised Statutes, is amended to read as follows:
"§431:10A‑116.3 Coverage
for telehealth. (a) It is the intent of the legislature to
recognize the application of telehealth as a reimbursable service by which an
individual shall receive medical services from a health care provider without
face-to-face contact with the health care provider.
(b)
No policy of accident and health or sickness insurance [plan]
that is issued, amended, or renewed shall require face-to-face contact between
a health care provider and a patient as a prerequisite for payment for services
appropriately provided through telehealth in accordance with generally accepted
health care practices and standards prevailing in the applicable professional
community at the time the services were provided. The coverage required in this section may be
subject to all terms and conditions of the [plan] policy agreed
upon among the [enrollee or subscriber,] the insured, the
insurer, and the health care provider.
(c) Reimbursement for services provided through telehealth shall be equivalent to reimbursement for the same services provided via face-to-face contact between a health care provider and a patient. Nothing in this section shall require a health care provider to be physically present with the patient at an originating site unless a health care provider at the distant site deems it necessary.
(d) Notwithstanding chapter 453 or rules adopted pursuant thereto, in the event that a health care provider-patient relationship does not exist between the patient and the health care provider to be involved in a telehealth interaction between the patient and the health care provider, a telehealth mechanism may be used to establish a health care provider-patient relationship.
(e) All insurers shall provide current and prospective insureds with written disclosure of coverages and benefits associated with telehealth services, including information on copayments, deductibles, or coinsurance requirements under a policy, contract, plan, or agreement. The information provided shall be current, understandable, and available prior to the issuance of a policy, contract, plan, or agreement, and upon request after the policy, contract, plan, or agreement has been issued.
(f) Services provided by telehealth pursuant to this section shall be consistent with all federal and state privacy, security, and confidentiality laws.
(g) Telephonic behavioral health services may be covered
only when:
(1) Telehealth services
are technologically unavailable at the time the patient is scheduled to receive
a behavioral health service;
(2) The behavioral health
service is a medically necessary, covered health care service; and
(3) The health care
provider has provided the patient with an in-person behavioral health service no
longer than twelve months prior to the telephonic service;
provided that nothing in this section shall be interpreted to require or prohibit coverage for any telephonic service.
[(g)] (h) For the purposes of this section:
"Distant site" means the location
of the health care provider delivering services through telehealth at the time
the services are provided.
"Health care provider" means a provider of services, as defined in title 42 United States Code section 1395x(u), a provider of medical and other health services, as defined in title 42 United States Code section 1395x(s), other practitioners licensed by the State and working within their scope of practice, and any other person or organization who furnishes, bills, or is paid for health care in the normal course of business, including but not limited to primary care providers, mental health providers, oral health providers, physicians and osteopathic physicians licensed under chapter 453, advanced practice registered nurses licensed under chapter 457, psychologists licensed under chapter 465, and dentists licensed under chapter 448.
"Originating site" means the location where the patient is located, whether accompanied or not by a health care provider, at the time services are provided by a health care provider through telehealth, including but not limited to a health care provider's office, hospital, health care facility, a patient's home, and other nonmedical environments such as school-based health centers, university-based health centers, or the work location of a patient.
"Telehealth" means the use of telecommunications services, as defined in section 269‑1, to encompass four modalities: store and forward technologies, remote monitoring, live consultation, and mobile health; and which shall include but not be limited to real-time video conferencing-based communication, secure interactive and non‑interactive web-based communication, and secure asynchronous information exchange, to transmit patient medical information, including diagnostic-quality digital images and laboratory results for medical interpretation and diagnosis, for the purpose of delivering enhanced health care services and information while a patient is at an originating site and the health care provider is at a distant site. Standard telephone contacts, facsimile transmissions, or e-mail text, in combination or by itself, does not constitute a telehealth service for the purposes of this chapter.
"Telephonic service" means the use of two-way, real-time audio-only telephone communication by a health care provider at a distant site, for the purpose of diagnosing, monitoring, or treating a patient. "Telephonic service" does not constitute telehealth."
SECTION 3. Section 432:1-601.5, Hawaii Revised Statutes, is amended to read as follows:
"§432:1‑601.5 Coverage for telehealth. (a) It is the intent of the legislature to recognize the application of telehealth as a reimbursable service by which an individual shall receive medical services from a health care provider without face-to-face contact with the health care provider.
(b)
No [mutual benefit society] hospital or medical service
plan contract that is issued, amended, or renewed shall require
face-to-face contact between a health care provider and a patient as a prerequisite
for payment for services appropriately provided through telehealth in
accordance with generally accepted health care practices and standards
prevailing in the applicable professional community at the time the services
were provided. The coverage required in
this section may be subject to all terms and conditions of the plan contract
agreed upon among the [enrollee] member or subscriber, the mutual
benefit society, and the health care provider.
(c) Reimbursement for services provided through telehealth shall be equivalent to reimbursement for the same services provided via face-to-face contact between a health care provider and a patient. Nothing in this section shall require a health care provider to be physically present with the patient at an originating site unless a health care provider at the distant site deems it necessary.
(d) Notwithstanding chapter 453 or rules adopted pursuant thereto, in the event that a health care provider-patient relationship does not exist between the patient and the health care provider to be involved in a telehealth interaction between the patient and health care provider, a telehealth mechanism may be used to establish a health care provider-patient relationship.
(e)
All [insurers] mutual benefit societies shall provide
current and prospective [enrollees] members or subscribers with
written disclosure of coverages and benefits associated with telehealth services,
including information on copayments, deductibles, or coinsurance requirements
under a policy, contract, plan, or agreement.
The information provided shall be current, understandable, and available
prior to the issuance of a policy, contract, plan, or agreement, and upon
request after the policy, contract, plan, or agreement has been issued.
(f) Services provided by telehealth pursuant to this section shall be consistent with all federal and state privacy, security, and confidentiality laws.
(g) Telephonic behavioral health services may be covered
only when:
(1) Telehealth services
are technologically unavailable at the time the patient is scheduled to receive
a behavioral health service;
(2) The behavioral health
service is a medically necessary, covered health care service; and
(3) The health care
provider has provided the patient with an in-person behavioral health service no
longer than twelve months prior to the telephonic service;
provided that nothing in this section shall be interpreted to require or prohibit coverage for any telephonic service.
[(g)] (h) For the purposes of this section:
"Health care provider" means a provider of services, as defined in title 42 United States Code section 1395x(u), a provider of medical and other health services, as defined in title 42 United States Code section 1395x(s), other practitioners licensed by the State and working within their scope of practice, and any other person or organization who furnishes, bills, or is paid for health care in the normal course of business, including but not limited to primary care providers, mental health providers, oral health providers, physicians and osteopathic physicians licensed under chapter 453, advanced practice registered nurses licensed under chapter 457, psychologists licensed under chapter 465, and dentists licensed under chapter 448.
"Originating site" means the location where the patient is located, whether accompanied or not by a health care provider, at the time services are provided by a health care provider through telehealth, including but not limited to a health care provider's office, hospital, health care facility, a patient's home, and other nonmedical environments such as school-based health centers, university-based health centers, or the work location of a patient.
"Telehealth" means the use of telecommunications services, as defined in section 269‑1, to encompass four modalities: store and forward technologies, remote monitoring, live consultation, and mobile health; and which shall include but not be limited to real-time video conferencing-based communication, secure interactive and non‑interactive web-based communication, and secure asynchronous information exchange, to transmit patient medical information, including diagnostic-quality digital images and laboratory results for medical interpretation and diagnosis, for the purpose of delivering enhanced health care services and information while a patient is at an originating site and the health care provider is at a distant site. Standard telephone contacts, facsimile transmissions, or e-mail text, in combination or by itself, does not constitute a telehealth service for the purposes of this chapter.
"Telephonic service" means the use of two-way, real-time audio-only telephone communication by a health care provider at a distant site, for the purpose of diagnosing, monitoring, or treating a patient. "Telephonic service" does not constitute telehealth."
SECTION 4. Section 432D-23.5, Hawaii Revised Statutes, is amended to read as follows:
"§432D‑23.5 Coverage for telehealth. (a) It is the intent of the legislature to recognize the application of telehealth as a reimbursable service by which an individual shall receive medical services from a health care provider without face-to-face contact with the health care provider.
(b) No health maintenance organization policy, contract, plan, or agreement that is issued, amended, or renewed shall require face-to-face contact between a health care provider and a patient as a prerequisite for payment for services appropriately provided through telehealth in accordance with generally accepted health care practices and standards prevailing in the applicable professional community at the time the services were provided. The coverage required in this section may be subject to all terms and conditions of the policy, contract, plan, or agreement agreed upon among the enrollee or subscriber, the health maintenance organization, and the health care provider.
(c) Reimbursement for services provided through telehealth shall be equivalent to reimbursement for the same services provided via face-to-face contact between a health care provider and a patient. Nothing in this section shall require a health care provider to be physically present with the patient at an originating site unless a health care provider at the distant site deems it necessary.
(d) Notwithstanding chapter 453 or rules adopted pursuant thereto, in the event that a health care provider-patient relationship does not exist between the patient and the health care provider involved in a telehealth interaction between the patient and the health care provider, a telehealth mechanism may be used to establish a health care provider-patient relationship.
(e)
All health maintenance organizations shall provide current and
prospective [insureds] enrollees or subscribers with written
disclosure of coverages and benefits associated with telehealth services,
including information on copayments, deductibles, or coinsurance requirements
under a policy, contract, plan, or agreement.
The information provided shall be current, understandable, and available
prior to enrollment in a policy, contract, plan, or agreement and upon request
after enrollment in the policy, contract, plan, or agreement.
(f) Services provided by telehealth pursuant to this section shall be consistent with all federal and state privacy, security, and confidentiality laws.
(g) Telephonic behavioral health services may be covered
only when:
(1) Telehealth services
are technologically unavailable at the time the patient is scheduled to receive
a behavioral health service;
(2) The behavioral health
service is a medically necessary, covered health care service; and
(3) The health care
provider has provided the patient with an in-person behavioral health service no
longer than twelve months prior to the telephonic service;
provided that nothing in this section shall be interpreted to require or prohibit coverage for any telephonic service.
[(g)] (h) For the purposes of this section:
"Distant site" means the location
of the health care provider delivering services through telehealth at the time
the services are provided.
"Health care provider" means a provider of services, as defined in title 42 United States Code section 1395x(u), a provider of medical and other health services, as defined in title 42 United States Code section 1395x(s), other practitioners licensed by the State and working within their scope of practice, and any other person or organization who furnishes, bills, or is paid for health care in the normal course of business, including but not limited to primary care providers, mental health providers, oral health providers, physicians and osteopathic physicians licensed under chapter 453, advanced practice registered nurses licensed under chapter 457, psychologists licensed under chapter 465, and dentists licensed under chapter 448.
"Originating site" means the location where the patient is located, whether accompanied or not by a health care provider, at the time services are provided by a health care provider through telehealth, including but not limited to a health care provider's office, hospital, health care facility, a patient's home, and other nonmedical environments such as school-based health centers, university-based health centers, or the work location of a patient.
"Telehealth" means the use of telecommunications services, as defined in section 269‑1, to encompass four modalities: store and forward technologies, remote monitoring, live consultation, and mobile health; and which shall include but not be limited to real-time video conferencing-based communication, secure interactive and non‑interactive web-based communication, and secure asynchronous information exchange, to transmit patient medical information, including diagnostic-quality digital images and laboratory results for medical interpretation and diagnosis, for the purpose of delivering enhanced health care services and information while a patient is at an originating site and the health care provider is at a distant site. Standard telephone contacts, facsimile transmissions, or e-mail text, in combination or by itself, does not constitute a telehealth service for the purposes of this chapter.
"Telephonic service" means the use of two-way, real-time audio-only telephone communication by a health care provider at a distant site, for the purpose of diagnosing, monitoring, or treating a patient. "Telephonic service" does not constitute telehealth."
SECTION 5. Section 453-1.3, Hawaii Revised Statutes, is amended by amending subsection (j) to read as follows:
"(j) For the purposes of
this section:
"Distant site" means the location
of the physician delivering services through telehealth at the time the
services are provided.
"Originating site" means the location where the patient is located, whether accompanied or not by a health care provider, at the time services are provided by a physician through telehealth, including but not limited to a physician's office, hospital, health care facility, a patient's home, and other non‑medical environments such as school-based health centers, university-based health centers, or the work location of a patient.
"Telehealth" means the use of telecommunications as that term is defined in section 269-1, to encompass four modalities: store and forward technologies, remote monitoring, live consultation, and mobile health; and which shall include but not be limited to real-time video conferencing-based communication, secure interactive and non-interactive web-based communication, and secure asynchronous information exchange, to transmit patient medical information, including diagnostic-quality digital images and laboratory results for medical interpretation and diagnosis, for the purposes of: delivering enhanced health care services and information while a patient is at an originating site and the physician is at a distant site; establishing a physician-patient relationship; evaluating a patient; or treating a patient. A telephonic service, as defined in section 431:10A-116.3, does not constitute telehealth."
SECTION 6. The department of health, department of human services, and department of commerce and consumer affairs shall adopt rules pursuant to chapter 91, Hawaii Revised Statutes, to effectuate the purposes of this Act.
SECTION 7. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 9. This Act shall take effect on January 1, 2060.
Report Title:
Medicaid;
Insurance; Health Insurers; Mutual Benefit Societies; Health Maintenance Organizations;
Behavioral Health; Telephonic Services; Telehealth
Description:
Permits, but
does not require or prohibit, Medicaid, health insurers, mutual benefit societies,
and health maintenance organizations to cover telephonic behavioral health services
under certain circumstances. Clarifies that
telephonic services do not constitute telehealth. Effective 7/1/2060. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
