Bill Text: HI SB1246 | 2019 | Regular Session | Amended
Bill Title: Relating To Telehealth.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2019-06-28 - Act 139, 06/25/2019 (Gov. Msg. No. 1241). [SB1246 Detail]
Download: Hawaii-2019-SB1246-Amended.html
THE SENATE |
S.B. NO. |
1246 |
THIRTIETH LEGISLATURE, 2019 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 2 |
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C.D. 1 |
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A BILL FOR AN ACT
RELATING TO TELEHEALTH.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that telehealth
adoption in Hawaii is increasing. The
report of findings from the 2017 Hawaii Physician Workforce Assessment Project
estimates that approximately fifteen per cent of providers report a telehealth
experience, which is an increase from 2014 of less than five per cent. This rate increase coincides with the
enactment of Act 159, Session Laws of Hawaii 2014, and Act 226, Session Laws of
Hawaii 2016, both of which increased telehealth adoption such as reimbursement
parity with face-to-face visits and malpractice coverage reform.
However, despite this favorable
policy environment, telehealth utilization remains frustratingly low. A continuum of issues across multiple sectors
must be addressed, such as incentives for provider adoption, patient comfort
with new technology, health care workforce training, technology and
telecommunications infrastructure, and administrative simplification between
health systems.
The purpose of this Act is to
establish resources to achieve Hawaii's goal of establishing
telehealth as a community standard for health care access.
SECTION 2. Definitions. As used in this Act, unless the context requires
otherwise:
"Telehealth" means the use of
telecommunications services, as defined in section 269-1, Hawaii Revised
Statutes, to encompass four modalities:
store and forward technologies, remote monitoring, live consultation,
and mobile health; and which shall include 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 Act.
SECTION 3. State telehealth policy, roles, and
responsibilities. (a)
It shall be the policy of the State to promote telehealth
to deliver health care from a distance as an effective way of
overcoming certain barriers to accessing care, particularly for communities
located in rural and remote areas.
(b) The department of health is authorized to lead statewide efforts to ensure consumer choice, reduce disparities in access to care, enhance health care provider availability, and improve quality of care through telehealth.
SECTION 4. State
strategic telehealth advisory council. (a)
There is established within the department of health for administrative
purposes the state strategic telehealth advisory council. The advisory council shall advise the
governor in the development and implementation of a comprehensive plan to
establish telehealth as high quality, cost-effective, and reliable means of
health care access.
(b) The membership of the state strategic telehealth advisory council shall be appointed by the governor without regard to section 26-34, Hawaii Revised Statutes. The director of health or a designee shall serve as an ex officio nonvoting member of the advisory council.
(c) In establishing the advisory council, the governor shall appoint at least:
(1) Two members of organizations that represent health care facilities, one of whom shall be a representative of a hospital;
(2) Two
members of organizations that represent health insurers, one of whom shall be a
representative of an organization that primarily serves medicaid beneficiaries;
(3) One
member of an
organization that represents broadband infrastructure or telecommunications
services;
(4) One
member from the office
of the governor;
(5) Two
members of long-term care
service providers, one of whom shall be a representative of a nursing home and
one of whom shall be a representative of a home health agency or
community-based health services program;
(6) Two health care practitioners, each of
whom practices primarily in a rural county; and
(7) One
member of an organization that represents mental health service providers;
provided
that there shall be at
least one state strategic telehealth advisory council member from each
county in the State. The advisory
council shall select a chairperson from among its members.
The members shall serve without
compensation but shall be reimbursed for actual expenses, including travel expenses, that are necessary
for the performance of their duties.
(d)
The number of members necessary to constitute a quorum to do business
shall consist of a majority of all members who have accepted the nomination to
the advisory council. When a quorum is
in attendance, the concurrence of a majority of the members in attendance shall
make any action of the council valid.
(e) Two or more members of the council, but less than the number of members which would constitute a quorum for the council, may discuss between themselves matters relating to official business of the council to enable them to faithfully perform their duties to the council and the organizations they represent, as long as no commitment to vote is made or sought. Such discussions shall be a permitted interaction under section 92-2.5, Hawaii Revised Statutes.
(f) The state strategic telehealth advisory
council shall be dissolved on July 1, 2022.
SECTION 5. State telehealth and health care access coordinator. (a) There is established a
full-time state telehealth and health care access coordinator to support the
state strategic telehealth advisory council.
The state telehealth and health care access coordinator shall facilitate
the establishment of infrastructure and policies across all agencies of the
State and private sector to promote the expansion of telehealth in the State, including:
(1) Providing administrative support to the state strategic telehealth advisory council;
(2) Coordinating
with the department of commerce and consumer affairs on issues relating to
professional and vocational licensing and insurance regulation as related to telehealth;
(3) Coordinating
with the department of commerce and consumer affairs and department of
business, economic development,
and tourism on broadband connectivity;
(4) Coordinating
with the department of education, department of public safety, department of
human services, Hawaii employer-union health benefits trust fund, and other
state agencies that
finance or provide health care services to promote the use of telehealth;
(5) Coordinating
with the University of Hawaii and other agencies on telehealth research to ensure
quality, cost-effectiveness,
and efficacy;
(6) Coordinating
with the department of labor and industrial relations, University of Hawaii,
department of education, and other agencies to encourage a telehealth-capable workforce;
(7) Coordinating
with the office of enterprise technology services on matters related to
cybersecurity; and
(8) Coordinating with the private sector to ensure
alignment and consistency with state goals.
(b) The state telehealth and health care
access coordinator shall be selected by the director of health.
SECTION 6. Telehealth administrative simplification working group. The department of health shall establish and convene a telehealth administrative simplification working group to research and make recommendations to reduce administrative barriers to telehealth, which may include health care system credentialing, privileging, and other processes that contribute to delays and inefficiencies for health care providers delivering care to patients. The telehealth administrative simplification working group shall be exempt from part I of chapter 92, Hawaii Revised Statutes.
The telehealth administrative simplification working group shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days before the convening of the regular session of 2020.
SECTION 7. There is appropriated out of the general revenues of the State of Hawaii the sum of $110,000 or so much thereof as may be necessary for fiscal year 2019-2020 and the same sum or so much thereof as may be necessary for fiscal year 2020-2021 for the establishment of one full-time equivalent (1.0 FTE) permanent state telehealth and health care access coordinator position within the department of health.
The sums appropriated shall be expended by the department of health for the purposes of this Act.
SECTION 8. This Act shall take effect on July 1, 2019.
Report Title:
Telehealth; State Strategic Telehealth Advisory Council; State Telehealth and Health Care Access Coordinator; Working Group; Appropriation
Description:
Establishes goals for the adoption and proliferation of telehealth to increase health care access. Establishes the State Strategic Telehealth Advisory Council and permanent State Telehealth and Health Care Access Coordinator position. Dissolves the Advisory Council on 7/1/2022. Establishes the Telehealth Administrative Simplification Working Group to research, make recommendations, and report to the Legislature. Appropriates funds. (CD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.