Bill Text: TX HB1697 | 2017-2018 | 85th Legislature | Enrolled

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Bill Title: Relating to the establishment of a pediatric health tele-connectivity resource program for rural Texas.

Spectrum: Moderate Partisan Bill (Republican 7-2)

Status: (Passed) 2017-05-26 - Effective on 9/1/17 [HB1697 Detail]

Download: Texas-2017-HB1697-Enrolled.html

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H.B. No. 1697

AN ACT
relating to the establishment of a pediatric health
tele-connectivity resource program for rural Texas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle I, Title 4, Government Code, is amended
by adding Chapter 541 to read as follows:
CHAPTER 541. PEDIATRIC TELE-CONNECTIVITY RESOURCE PROGRAM FOR
RURAL TEXAS
Sec. 541.001. DEFINITIONS. In this chapter:
(1) "Nonurban health care facility" means a hospital
licensed under Chapter 241, Health and Safety Code, or other
licensed health care facility in this state that is located in a
rural area as defined by Section 845.002, Insurance Code.
(2) "Pediatric specialist" means a physician who is
certified in general pediatrics by the American Board of Pediatrics
or American Osteopathic Board of Pediatrics.
(3) "Pediatric subspecialist" means a physician who is
certified in a pediatric subspecialty by a member board of the
American Board of Medical Specialties or American Osteopathic Board
of Pediatrics.
(4) "Pediatric tele-specialty provider" means a
pediatric health care facility in this state that offers continuous
access to telemedicine medical services provided by pediatric
subspecialists.
(5) "Physician" means a person licensed to practice
medicine in this state.
(6) "Program" means the pediatric tele-connectivity
resource program for rural Texas established under this chapter.
(7) "Telemedicine medical services" means health care
services delivered to a patient:
(A) by a physician acting within the scope of the
physician's license or a health professional acting under the
delegation and supervision of a physician and within the scope of
the health professional's license;
(B) from a physical location that is different
from the patient's location; and
(C) using telecommunications or information
technology.
Sec. 541.002. PEDIATRIC TELE-CONNECTIVITY RESOURCE PROGRAM
FOR RURAL TEXAS. The commission with any necessary assistance of
pediatric tele-specialty providers shall establish a pediatric
tele-connectivity resource program for rural Texas to award grants
to nonurban health care facilities to connect the facilities with
pediatric specialists and pediatric subspecialists who provide
telemedicine medical services.
Sec. 541.003. USE OF GRANT. A nonurban health care facility
awarded a grant under this chapter may use grant money to:
(1) purchase equipment necessary for implementing a
telemedicine medical service;
(2) modernize the facility's information technology
infrastructure and secure information technology support to ensure
an uninterrupted two-way video signal that is compliant with the
Health Insurance Portability and Accountability Act of 1996 (Pub.
L. No. 104-191);
(3) pay a service fee to a pediatric tele-specialty
provider under an annual contract with the provider; or
(4) pay for other activities, services, supplies,
facilities, resources, and equipment the commission determines
necessary for the facility to use a telemedicine medical service.
Sec. 541.004. SELECTION OF GRANT RECIPIENTS. (a) The
commission with any necessary assistance of pediatric
tele-specialty providers may select an eligible nonurban health
care facility to receive a grant under this chapter.
(b) To be eligible for a grant under this chapter, a
nonurban health care facility must have:
(1) a quality assurance program that measures the
compliance of the facility's health care providers with the
facility's medical protocols;
(2) on staff at least one full-time equivalent
physician who has training and experience in pediatrics and one
person who is responsible for ongoing nursery and neonatal support
and care;
(3) a designated neonatal intensive care unit or an
emergency department;
(4) a commitment to obtaining neonatal or pediatric
education from a tertiary facility to expand the facility's depth
and breadth of telemedicine medical service capabilities; and
(5) the capability of maintaining records and
producing reports that measure the effectiveness of a grant
received by the facility under this chapter.
Sec. 541.005. GIFTS, GRANTS, AND DONATIONS. (a) The
commission may solicit and accept gifts, grants, and donations from
any public or private source for the purposes of this chapter.
(b) A political subdivision that participates in the
program may pay part of the costs of the program.
Sec. 541.006. WORK GROUP. (a) The commission may establish
a program work group to:
(1) assist the commission with developing,
implementing, or evaluating the program; and
(2) prepare a report on the results and outcomes of the
grants awarded under this chapter.
(b) A member of a program work group established under this
section is not entitled to compensation for serving on the program
work group and may not be reimbursed for travel or other expenses
incurred while conducting the business of the program work group.
(c) A program work group established under this section is
not subject to Chapter 2110.
Sec. 541.007. REPORT TO GOVERNOR AND LEGISLATURE. Not
later than December 1 of each even-numbered year, the commission
shall submit a report to the governor and members of the legislature
regarding the activities of the program and grant recipients,
including the results and outcomes of grants awarded under this
chapter.
Sec. 541.008. RULES. The executive commissioner may adopt
rules necessary to implement this chapter.
Sec. 541.009. SPECIFIC APPROPRIATION REQUIRED. The
commission may not spend state funds to accomplish the purposes of
this chapter and is not required to award a grant under this chapter
unless money is appropriated for the purposes of this chapter.
SECTION 2. Not later than December 1, 2017, the Health and
Human Services Commission shall establish and implement the
pediatric tele-connectivity resource program for rural Texas
authorized by Chapter 541, Government Code, as added by this Act.
SECTION 3. Not later than December 1, 2018, the Health and
Human Services Commission shall provide the initial report to the
governor and the legislature as required by Section 541.007,
Government Code, as added by this Act.
SECTION 4. If before implementing any provision of this Act
a state agency determines that a waiver or authorization from a
federal agency is necessary for implementation of that provision,
the agency affected by the provision shall request the waiver or
authorization and may delay implementing that provision until the
waiver or authorization is granted.
SECTION 5. This Act takes effect September 1, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1697 was passed by the House on April
6, 2017, by the following vote: Yeas 140, Nays 5, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1697 on May 19, 2017, by the following vote: Yeas 141, Nays 1,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1697 was passed by the Senate, with
amendments, on May 12, 2017, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor