Bill Text: TX HB2172 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to coverage of telehealth services or telemedicine medical services under health benefit plans.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-04-08 - Left pending in committee [HB2172 Detail]
Download: Texas-2015-HB2172-Introduced.html
84R9759 SCL-F | ||
By: Smithee | H.B. No. 2172 |
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relating to coverage of telehealth services or telemedicine medical | ||
services under health benefit plans. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 1455.001, Insurance Code, is amended by | ||
amending Subdivision (3) and adding Subdivision (4) to read as | ||
follows: | ||
(3) "Telehealth service" or [ |
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medical service" means a health care service or medical service, | ||
respectively, that is provided through the use of advanced | ||
telecommunications technology for the purpose of: | ||
(A) patient assessment, diagnosis, consultation, | ||
or treatment; or | ||
(B) the transfer of medical data [ |
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(4) "Telemedicine provider" means: | ||
(A) a physician who provides telemedicine | ||
medical services; or | ||
(B) a physician assistant or advanced practice | ||
nurse who: | ||
(i) provides telemedicine medical | ||
services; and | ||
(ii) is supervised by and has delegated | ||
authority from a physician licensed in this state. | ||
SECTION 2. Section 1455.004, Insurance Code, is amended by | ||
adding Subsections (c), (d), (e), and (f) to read as follows: | ||
(c) A health benefit plan may not cover a telemedicine | ||
medical service unless the telemedicine provider: | ||
(1) is licensed in this state; | ||
(2) has established a physician-patient relationship | ||
with the recipient of the service; | ||
(3) is able to verify the identity of the patient; | ||
(4) has discussed the risks and benefits of | ||
telemedicine medical services with the patient; | ||
(5) advises the patient to see a physician or other | ||
health care professional in person within a reasonable time if the | ||
patient's symptoms do not improve; | ||
(6) provides only services that are medically | ||
indicated; | ||
(7) adopts protocols to prevent fraud and abuse; | ||
(8) does not violate state or federal laws relating to | ||
patient privacy; | ||
(9) maintains medical records for all telemedicine | ||
medical services; | ||
(10) does not treat chronic pain with a controlled | ||
substance listed on Schedule II, III, IV, or V under Chapter 481, | ||
Health and Safety Code, at a site other than a site normally used | ||
for the provision of medical care; and | ||
(11) practices according to the appropriate standard | ||
of care for the patient's condition. | ||
(d) For the purposes of Subsection (c), a telemedicine | ||
provider may establish a physician-patient relationship in an | ||
initial encounter using telemedicine medical services. | ||
(e) For the purposes of Subsection (c), a telemedicine | ||
provider must ensure that the informed consent of the patient, or | ||
another appropriate individual authorized to make health care | ||
treatment decisions for the patient, is obtained before | ||
telemedicine medical services are provided. | ||
(f) For the purposes of Subsection (c), a telemedicine | ||
provider shall ensure that the confidentiality of the patient's | ||
medical information is maintained as required by Chapter 159, | ||
Occupations Code, or other applicable law. | ||
SECTION 3. The change in law made by this Act applies only | ||
to a health benefit plan delivered, issued for delivery, or renewed | ||
on or after January 1, 2016. A health benefit plan delivered, | ||
issued for delivery, or renewed before January 1, 2016, is governed | ||
by the law in effect immediately before the effective date of this | ||
Act, and that law is continued in effect for that purpose. | ||
SECTION 4. This Act takes effect September 1, 2015. |