Bill Text: TX HB2792 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: Relating to a pilot project to provide emergency telemedicine medical services and telehealth services in rural areas.
Sponsorship: Slight Partisan Bill (Republican 5-2)
Status: (Engrossed - Dead) 2021-05-26 - Removed from local & uncontested calendar [HB2792 Detail]
Download: Texas-2021-HB2792-Comm_Sub.html
| By: Darby, et al. (Senate Sponsor - Alvarado) | H.B. No. 2792 | |
| (In the Senate - Received from the House April 26, 2021; | ||
| May 6, 2021, read first time and referred to Committee on Health & | ||
| Human Services; May 20, 2021, reported favorably by the following | ||
| vote: Yeas 8, Nays 0; May 20, 2021, sent to printer.) | ||
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| relating to a pilot project to provide emergency telemedicine | ||
| medical services and telehealth services in rural areas. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 771, Health and Safety Code, is amended | ||
| by adding Subchapter F to read as follows: | ||
| SUBCHAPTER F. NEXT GENERATION 9-1-1 TELEMEDICINE MEDICAL SERVICES | ||
| AND TELEHEALTH SERVICES PILOT PROJECT | ||
| Sec. 771.151. DEFINITIONS. In this subchapter: | ||
| (1) "Center" means the area health education center at | ||
| the Texas Tech University Health Sciences Center that meets the | ||
| requirements of 42 U.S.C. Section 294a and has been awarded federal | ||
| funding as an area health education center. | ||
| (2) "Emergency medical services" means services used | ||
| to respond to an individual's perceived need for immediate medical | ||
| care and to prevent death or aggravation of physiological or | ||
| psychological illness or injury. | ||
| (3) "Emergency medical services provider" means a | ||
| person who uses or maintains emergency medical services vehicles, | ||
| medical equipment, and emergency medical services personnel to | ||
| provide emergency medical services. | ||
| (4) "Emergency prehospital care" means care provided | ||
| to a sick or injured individual before or during transportation of | ||
| the individual to a medical facility, and includes any necessary | ||
| stabilization of the individual in connection with that | ||
| transportation. | ||
| (5) "Pilot project" means a pilot project established | ||
| under Section 771.152. | ||
| (6) "Regional trauma resource center" means a trauma | ||
| facility the center selects to participate in the pilot project. | ||
| (7) "Rural area" means: | ||
| (A) a county with a population of 50,000 or less; | ||
| or | ||
| (B) a large, isolated, and sparsely populated | ||
| area of a county with a population of more than 50,000. | ||
| (8) "Telehealth service" and "telemedicine medical | ||
| service" have the meanings assigned by Section 111.001, Occupations | ||
| Code. | ||
| (9) "Trauma facility" means a health care facility | ||
| equipped and staffed to provide comprehensive treatment of | ||
| seriously injured individuals as part of an emergency medical | ||
| services and trauma care system. | ||
| Sec. 771.152. ESTABLISHMENT OF PILOT PROJECT. (a) The | ||
| commission, with the assistance of the center, shall establish a | ||
| pilot project to provide emergency medical services instruction and | ||
| emergency prehospital care instruction through a telemedicine | ||
| medical service or telehealth service provided by regional trauma | ||
| resource centers to: | ||
| (1) health care providers in rural area trauma | ||
| facilities; and | ||
| (2) emergency medical services providers in rural | ||
| areas. | ||
| (b) The commission shall provide technical assistance to | ||
| the center in implementing the pilot project. | ||
| (c) The center, with the assistance of the commission, | ||
| shall: | ||
| (1) design criteria and protocols for each | ||
| telemedicine medical service or telehealth service offered and the | ||
| related instruction and provide the oversight necessary to conduct | ||
| the pilot project; | ||
| (2) define criteria to determine when a telemedicine | ||
| medical service or telehealth service that provides instruction for | ||
| emergency medical services, emergency prehospital care, and trauma | ||
| care should be transferred to an emergency medical resource center | ||
| for intervention; and | ||
| (3) collect the data necessary to evaluate the | ||
| project. | ||
| (d) The center may make available appropriate resources for | ||
| individuals who do not speak English. | ||
| Sec. 771.153. PERSONNEL. The center shall provide the | ||
| telemedicine medical service or telehealth service and related | ||
| instruction for the pilot project through health care providers in | ||
| regional trauma resource centers, including physicians, | ||
| pharmacists, emergency medical personnel, and other health | ||
| professionals. | ||
| Sec. 771.154. PARTICIPATION IN PILOT PROJECT. (a) The | ||
| center shall determine the trauma facilities and emergency medical | ||
| services providers interested in participating in the pilot | ||
| project. | ||
| (b) A trauma facility or emergency medical services | ||
| provider participating in the pilot project must agree to | ||
| successfully complete any required training and to provide all | ||
| reports required by the center for the project. | ||
| Sec. 771.155. SELECTION OF PROJECT PARTICIPANTS AND | ||
| REGIONAL TRAUMA RESOURCE CENTERS. (a) The center, with the | ||
| assistance of the commission, may select trauma facilities and | ||
| emergency medical services providers to participate in the pilot | ||
| project and select trauma facilities to serve as regional trauma | ||
| resource centers. | ||
| (b) The center may not select a trauma facility to | ||
| participate in the pilot project or to serve as a regional trauma | ||
| resource center unless the facility: | ||
| (1) has a quality assurance program that measures each | ||
| health care provider's compliance with the medical protocol; | ||
| (2) uses emergency medical services and emergency | ||
| prehospital care protocols approved by a physician medical director | ||
| knowledgeable in emergency medical services and emergency | ||
| prehospital care; | ||
| (3) has experience in providing emergency medical | ||
| services and emergency prehospital care that the center determines | ||
| is sufficient; and | ||
| (4) has resources sufficient to provide the additional | ||
| telemedicine medical services or telehealth services and related | ||
| instruction required for the project in addition to the health care | ||
| services already provided by the facility. | ||
| (c) In selecting a trauma facility to serve as a regional | ||
| trauma resource center, the center shall consider the facility | ||
| personnel's ability to maintain records and produce reports to | ||
| measure the effectiveness of the pilot project. The center shall | ||
| share information regarding that ability with the commission. | ||
| Sec. 771.156. FUNDING OF PILOT PROJECT. (a) Money | ||
| collected under Section 771.072(f) may be appropriated to the | ||
| commission to fund the pilot project. | ||
| (b) The center may seek grants to fund the pilot project. | ||
| (c) A political subdivision with a trauma facility that | ||
| participates in the pilot project may pay part of the costs of the | ||
| project. | ||
| (d) If a sufficient number of political subdivisions in a | ||
| region that may be served by the pilot project agree to pay the | ||
| center an amount that together with other funding received under | ||
| this section is sufficient to fund the project for the region, the | ||
| center shall: | ||
| (1) contract with the political subdivisions for each | ||
| to pay an appropriate share of the cost; and | ||
| (2) implement the project for the region when the | ||
| amounts agreed to in the contracts and any other funding received | ||
| under this section are sufficient to fund the project for the | ||
| region. | ||
| Sec. 771.157. REPORT TO LEGISLATURE. The center, in | ||
| cooperation with the commission, shall report its findings to the | ||
| governor and the presiding officer of each house of the | ||
| legislature, not later than December 31, 2026. | ||
| Sec. 771.158. LIABILITY. The operations of the center and a | ||
| regional trauma resource center are considered to be the provision | ||
| of 9-1-1 services for purposes of Section 771.053. Employees of and | ||
| volunteers at the regional trauma resource center have the same | ||
| protection from liability as a member of the governing body of a | ||
| public agency under Section 771.053. | ||
| Sec. 771.159. WORK GROUP. (a) The center may appoint a | ||
| project work group to assist the center in developing, | ||
| implementing, and evaluating the pilot project and preparing a | ||
| report on the center's findings. | ||
| (b) A member of the work group is not entitled to | ||
| compensation for serving on the project work group and may not be | ||
| reimbursed for travel or other expenses incurred while conducting | ||
| the business of the project work group. | ||
| (c) The project work group is not subject to Chapter 2110, | ||
| Government Code. | ||
| Sec. 771.160. EXPIRATION. This subchapter expires | ||
| September 1, 2027. | ||
| SECTION 2. Section 771.072(g), Health and Safety Code, is | ||
| amended to read as follows: | ||
| (g) Notwithstanding any other law, revenue derived from the | ||
| equalization surcharge imposed under this section may be | ||
| appropriated to the commission only for the purposes described by | ||
| Section 771.156 and Sections 773.122 through 773.124. | ||
| SECTION 3. This Act takes effect September 1, 2021. | ||
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