Bill Text: TX SB434 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the provision and delivery of certain health, mental health, and educational services in this state, including the delivery of those services using telecommunications or information technology.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-09 - Referred to Business & Commerce [SB434 Detail]
Download: Texas-2021-SB434-Introduced.html
87R1926 KFF-D | ||
By: Blanco | S.B. No. 434 |
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relating to the provision and delivery of certain health, mental | ||
health, and educational services in this state, including the | ||
delivery of those services using telecommunications or information | ||
technology. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 531, Government Code, is | ||
amended by adding Section 531.02161 to read as follows: | ||
Sec. 531.02161. SERVICE COORDINATION USING | ||
TELECOMMUNICATIONS OR INFORMATION TECHNOLOGY. (a) In this section, | ||
"service coordination" includes: | ||
(1) development and maintenance of a plan of care, | ||
including an individual service plan, that meets the needs of a | ||
Medicaid recipient or child health plan program enrollee; | ||
(2) coordination, including with providers, to assist | ||
the recipient or enrollee in accessing Medicaid or child health | ||
plan program benefits, including benefits under a Section 1915(c) | ||
waiver program; | ||
(3) coordination, including with providers as | ||
appropriate, to assist the recipient or enrollee in accessing | ||
services provided by other community entities or service providers, | ||
including nonmedical providers; | ||
(4) transition planning to assist the recipient in | ||
preparing for changes in life circumstances and in available health | ||
care services to ease the recipient's shift into adulthood; and | ||
(5) with respect to the STAR Health program, | ||
assistance provided to the caregiver of the recipient to help the | ||
caregiver manage information, including information needed for | ||
court hearings. | ||
(b) The commission shall ensure that, to the extent | ||
appropriate, a Medicaid recipient or child health plan program | ||
enrollee who is eligible to receive service coordination benefits, | ||
including a recipient or enrollee receiving program benefits | ||
through a managed care delivery model, has the option to receive | ||
delivery of those benefits as a telehealth service or otherwise | ||
using telecommunications or information technology. | ||
(c) The executive commissioner shall adopt rules necessary | ||
to implement this section, including rules governing when the | ||
delivery of service coordination benefits using telecommunications | ||
or information technology is appropriate. | ||
SECTION 2. Section 1455.001(1), Insurance Code, is amended | ||
to read as follows: | ||
(1) "Health professional" means: | ||
(A) a physician; | ||
(B) an individual who is: | ||
(i) licensed or certified in this state to | ||
perform health care services; and | ||
(ii) authorized to assist a physician in | ||
providing telemedicine medical services that are delegated and | ||
supervised by the physician; [ |
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(C) a licensed or certified health professional, | ||
including a mental health professional, acting within the scope of | ||
the license or certification who does not perform a telemedicine | ||
medical service; or | ||
(D) an individual who is credentialed to provide | ||
qualified mental health professional community services, has | ||
demonstrated and documented competency in the work to be performed, | ||
and: | ||
(i) holds a bachelor's or more advanced | ||
degree from an accredited institution of higher education with a | ||
minimum number of hours that is equivalent to a major in psychology, | ||
social work, medicine, nursing, rehabilitation, counseling, | ||
sociology, human growth and development, physician assistant | ||
studies, gerontology, special education, educational psychology, | ||
early childhood education, or early childhood intervention; | ||
(ii) is a registered nurse; or | ||
(iii) completes an alternative | ||
credentialing process identified by the Department of State Health | ||
Services. | ||
SECTION 3. Chapter 1455, Insurance Code, is amended by | ||
adding Sections 1455.007 and 1455.008 to read as follows: | ||
Sec. 1455.007. REIMBURSEMENT AND PAYMENT. (a) A health | ||
benefit plan issuer must reimburse a preferred or contracted health | ||
professional for providing a covered health care service or | ||
procedure to a covered patient as a telemedicine medical service or | ||
telehealth service on the same basis and at least at the same rate | ||
that the issuer provides reimbursement to that health professional | ||
for the service or procedure in an in-person setting. | ||
(b) Notwithstanding Subsection (a), a health benefit plan | ||
issuer is not required to pay more than the billed charge on a claim | ||
for payment by a preferred or contracted health professional. | ||
(c) For purposes of processing payment of a claim, a health | ||
benefit plan issuer may not require a preferred or contracted | ||
health professional to provide documentation of a covered health | ||
care service or procedure delivered by the health professional to a | ||
covered patient as a telemedicine medical service or telehealth | ||
service beyond that which is required for the service or procedure | ||
in an in-person setting. | ||
Sec. 1455.008. WAIVER PROHIBITED. The provisions of this | ||
chapter may not be waived, voided, or nullified by contract. | ||
SECTION 4. Section 401.2022, Occupations Code, is amended | ||
by adding Subsection (c) to read as follows: | ||
(c) Notwithstanding any other law, in adopting a rule under | ||
this section, the commission: | ||
(1) shall authorize: | ||
(A) a license holder, including a licensed intern | ||
or licensed assistant, to provide services by telepractice through | ||
the use of any interactive audiovisual communication system, | ||
whether real-time or two-way, including a smartphone; and | ||
(B) any supervision requirement for an applicant | ||
under this chapter to be fulfilled wholly or partly by use of | ||
telecommunications technology; and | ||
(2) may not: | ||
(A) require a license holder's initial | ||
professional contact with a client to be in-person; or | ||
(B) impose any limitation on a license holder's | ||
selection of a facilitator to assist the license holder in | ||
providing services by telepractice. | ||
SECTION 5. Section 402.1023, Occupations Code, is amended | ||
by adding Subsection (c) to read as follows: | ||
(c) Notwithstanding any other law, in adopting a rule under | ||
this section, the commission: | ||
(1) shall authorize a license holder to provide | ||
services by telepractice through the use of any interactive | ||
audiovisual communication system, whether real-time or two-way, | ||
including a smartphone; and | ||
(2) may not: | ||
(A) require a license holder's initial | ||
professional contact with a client to be in-person; or | ||
(B) impose any limitation on a license holder's | ||
selection of a facilitator to assist the license holder in | ||
providing services by telepractice. | ||
SECTION 6. Section 402.255(a), Occupations Code, is amended | ||
to read as follows: | ||
(a) A supervisor of a temporary training permit holder must: | ||
(1) be licensed to fit and dispense hearing | ||
instruments under this chapter or Chapter 401, other than Section | ||
401.311 or 401.312; and | ||
(2) [ |
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education of a temporary training permit holder. | ||
SECTION 7. Section 403.151, Occupations Code, is amended by | ||
adding Subsection (a-1) to read as follows: | ||
(a-1) Notwithstanding Subsection (a), a licensed dyslexia | ||
practitioner may practice outside of an educational setting to the | ||
extent necessary to provide a service that would otherwise be | ||
provided in an educational setting that is not reasonably | ||
accessible to the licensed dyslexia practitioner or client. | ||
SECTION 8. Subchapter D, Chapter 403, Occupations Code, is | ||
amended by adding Section 403.153 to read as follows: | ||
Sec. 403.153. USE OF TELECOMMUNICATIONS TECHNOLOGY. | ||
Notwithstanding any other law, a license holder may provide a | ||
service solely through the use of an interactive audiovisual | ||
communication system, whether real-time or two-way, including a | ||
smartphone. | ||
SECTION 9. Section 506.003, Occupations Code, is amended by | ||
adding Subsection (c-1) to read as follows: | ||
(c-1) Notwithstanding Subsection (c)(1), applied behavior | ||
analysis interventions may be based on observation and measurement | ||
of behavior and environment through the use of telecommunications | ||
technology if approved by the certifying entity. | ||
SECTION 10. Section 506.055, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 506.055. STUDENTS, INTERNS, AND FELLOWS. (a) This | ||
chapter does not apply to an applied behavior analysis activity or | ||
service of a college or university student, intern, or fellow if: | ||
(1) the activity or service is part of a defined | ||
behavior analysis program of study, course, practicum, internship, | ||
or postdoctoral fellowship; | ||
(2) the activity or service is directly supervised by | ||
a licensed behavior analyst or an instructor in a course sequence | ||
approved by the certifying entity; and | ||
(3) the person is designated as a "student," "intern," | ||
"fellow," or "trainee." | ||
(b) Notwithstanding Subsection (a)(2), a licensed behavior | ||
analyst or an instructor may supervise a behavior analysis activity | ||
or service through the use of telecommunications technology if | ||
approved by the applicable college or university and the certifying | ||
entity. | ||
SECTION 11. Section 554.005, Occupations Code, is amended | ||
by adding Subsection (d) to read as follows: | ||
(d) In implementing Subsection (a)(3)(C)(iv), the board may | ||
not require the in-person counseling of patients. | ||
SECTION 12. Chapter 1455, Insurance Code, as amended by | ||
this Act, applies only to a health benefit plan delivered, issued | ||
for delivery, or renewed on or after January 1, 2022. A health | ||
benefit plan delivered, issued for delivery, or renewed before | ||
January 1, 2022, is governed by the law as it existed immediately | ||
before the effective date of this Act, and that law is continued in | ||
effect for that purpose. | ||
SECTION 13. 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 14. This Act takes effect September 1, 2021. |