Law and Policy in Telemedicine

State Telemedicine and Telehealth Bills 2003-2004

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A

Arizona

1. Arizona HB 2209
   Focus: Funding and appropriation
   Status: not passed into law
   Would appropriate up to two hundred fifty thousand dollars annually for fiscal years 1995-1996, 1996-1997, 1997-1998, 1998-1999, 1999-2000, 2001-2002, 2002-2003, and 2003-2004 for telemedicine pilot programs designed to facilitate the provision of medical services to persons living in medically underserved areas.
2. Arizona HB 2397
   Focus: Administration and regulation
   Status: passed into law
   Would make rules regarding patient informed consent and inclusion of medical reports resulting from a telemedicine consultation in the patient's medical record.
3. Arizona SB 1230
   Focus: Funding and appropriation
   Status: not passed into law
   Would provide that the administration transfer up to two hundred fifty thousand dollars annually for fiscal years 1995-1996, 1996-1997, 1997-1998, 1998-1999, 1999-2000, 2001-2002, and 2002-2003 AND 2003-2004 for telemedicine pilot programs designed to facilitate the provision of medical services to persons living in medically underserved areas as provided in section 36-2352.
4. Arizona SB 1402
   Focus: Funding and appropriation
   Status: passed into law
   Would appropriate $1,167,200 for the University of Arizona Health Sciences Center Telemedicine Network. Would also make other appropriations.

C

California

1. California AB 116
   Focus: Administration and regulation
   Status: passed into law
   Our link will take you to the California State Assembly legislation search page; no direct link to this bill is available. Select the appropriate session, enter "116" in the Bill Number field, and click the Search button. Would state that the provisions of law regulating telemedicine shall apply to the practice of a marriage and family therapist.
2. California SB 1341
   Focus: Administration and regulation
   Status: not passed into law
   Our link will take you to the California State Assembly legislation search page; no direct link to this bill is available. Select the appropriate session, enter "1341" in the Bill Number field, and click the Search button. Would add to the definition of telemedicine store and forward teledermatology and teleophthalmology services.

Colorado

1. Colorado SJR 38
   Focus: Administration and regulation
   Status: not passed into law
   A joint resolution concerning the use of technology and elctronic monitoring devices (telehealth care) in the delivery of health care services in the home.

G

Georgia

1. Georgia HB 456
   Focus: Funding and appropriation
   Status: passed into law
   Would amend Part 3 of Article 5 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, "the Georgia Distance Learning and Telemedicine Act of 1992," so as to change provisions relating to the use of funds available in the Universal Service Fund; to provide that for a certain period of time such funds may be used for any lawful purpose that promotes or supports enterprise information technology needs; and for other purposes.

H

Hawaii

1. Hawaii HB 1691
   Focus: Funding and appropriation
   Status: not passed into law
   Would appropriate $150,000 for plans, design, and equipment for telemedicine infrastructure development for Lanai family health center, Hana community health center, and Molokai family health center; provided that the three medical facilities develop a plan in partnership with each other.

I

Illinois

1. Illinois HB 1660
   Focus: Administration and regulation
   Status: not passed into law
   Would require the Illinois Department of Public Aid to develop a method to reimburse providers for mental health services provided by telemedicine. The reimbursement methodology for mental health services provided by telemedicine would be comparable to the reimbursement methodology used by the Department for other services provided by telemedicine.
2. Illinois HB 3586
   Focus: Reimbursement and insurance
   Status: not passed into law
   Would require the Department of Public Aid to develop a method to reimburse providers for mental health services provided by telemedicine.
3. Illinois HB 5058
   Focus: Administration and regulation
   Status: not passed into law
   Would create the Alternative Long-Term Care Services for Seniors Fund, and would allow for some money from that fund to be spent on telemedicine devices to monitor recipients in their own homes as an alternative to hospital care, nursing home care, or home visits.

Iowa

1. Iowa HF 662
   Focus: Administration and regulation
   Status: not passed into law
   Contains the following language: "The university of Iowa hospitals and clinics shall, within the context of chapter 255 and when medically appropriate, make reasonable efforts to extend the university of Iowa hospitals and clinics' use of home telemedicine and other technologies to reduce the frequency of visits to the hospital required by indigent patients. The university of Iowa hospitals and clinics shall submit a report to the general assembly and the legislative fiscal bureau by January 15, 2004, describing its use of these technologies to accomplish this purpose."

K

Kansas

1. Kansas HB 2116
   Focus: Administration and regulation
   Status: not passed into law
   Would create the Kansas commission on health, whose duties would include reviewing the total aspect of health care delivery in Kansas, including telemedicine, and making recommendations on the appropriate levels and delivery of services.

M

Massachusetts

1. Massachusetts SB 503
   Focus: Reimbursement and insurance
   Status: not passed into law
   Would direct the division of health care finance & policy and the division of medical assistance to establish a rate of reimbursement for home health agencies that allow for the use of technology in the provision of home health services.

Minnesota

1. Minnesota SF 1760
   Focus: Administration and regulation
   Status: not passed into law
   Medical assistance covers telemedicine consultations. Telemedicine consultations must be made via two-way, interactive video or store-and-forward technology. Store-and-forward technology includes telemedicine consultations that do not occur in real time via synchronous transmissions, and that do not require a face-to-face encounter with the patient for all or any part of any such telemedicine consultation. The patient record must include a written opinion from the consulting physician providing the telemedicine consultation. A communication between two physicians that consists solely of a telephone conversation is not a telemedicine consultation, unless the communication is between a pediatrician and psychiatrist for the purpose of managing the medications of a child with mental health needs. Coverage is limited to three telemedicine consultations per recipient per calendar week. Telemedicine consultations shall be paid at the full allowable rate.

N

New Mexico

1. New Mexico HB 7
   Focus: Funding and appropriation
   Status: not passed into law
   Would apropriate $150,000 for the University of New Mexico telemedicine program.
2. New Mexico SB 171
   Focus: Licensure
   Status: passed into law
   Would require the medical board of New Mexico to establish an application and renewal fee for a telemedicine license not to exceed $400.
3. New Mexico SB 2
   Focus: Funding and appropriation
   Status: not passed into law
   Would appropriate $150,000 for the University of New Mexico telemedicine program.
4. New Mexico SB 269
   Focus: Licensure
   Status: not passed into law
   Would require the medical board of New Mexico to establish an application and renewal fee for a telemedicine license not to exceed $400.
5. New Mexico SB 530
   Focus: Technology and telecommunications
   Status: not passed into law
   Would create the Telecommunications Development Board, whose duties would include advising and assisting the economic development department on matters relating to telecommunications investments, telecommunications-dependent new businesses, telemedicine, distance learning, and other telecommunications issues.

New York

1. New York AB 6029
   Focus: Administration and regulation
   Status: not passed into law
   Would provide for a study to be done by the Commissioners of Health and Education on telemedicine.
2. New York AB 7155
   Focus: Administration and regulation
   Status: not passed into law
   Would establish a statewide telemedicine/telehealth task force to make recommendations to the governor and legislature on the development of telemedicine and telehealth systems, standards in the applications of such systems, changes in licensure and certification verification necessary to effectuate such systems, and the methodology for determining payments due for health care services provided by means of such systems; establishes a telehealth and telemedicine demonstration program under the auspices of a statewide not-for-profit association representing health care providers.
3. New York SB 1095
   Focus: Administration and regulation
   Status: not passed into law
   Enacts the "telemedicine access act"; authorizes the practice of health care delivery, diagnosis, consultation, treatment, transfer of medical data and education using audio, video, or data communications; requires informed consent prior to delivery of such health care and confidentiality of information derived therefrom; requires insurers to provide coverage for telemedicine; authorizes the education department to license the practice of telemedicine by physicians licensed in other states.
4. New York SB 463
   Focus: Administration and regulation
   Status: not passed into law
   Would establish a statewide telemedicine/telehealth task force to make recommendations to the governor and legislature on the development of telemedicine and telehealth systems, standards in the applications of such systems, changes in licensure and certification verification necessary to effectuate such systems, and the methodology for determining payments due for health care services provided by means of such systems; establishes a telehealth and telemedicine demonstration program under the auspices of a statewide not-for-profit association representing health care providers.

O

Oklahoma

1. Oklahoma SB 393
   Focus: Administration and regulation
   Status: passed into law
   Our link will take you to the Oklahoma State Legislature homepage; no direct link to this bill is available. Defines the practice of veterinary medicine; includes telemedicine in that definition.

Oregon

1. Oregon HJR 4
   Focus: Reimbursement and insurance
   Status: passed into law
   A resolution to encourage insurers to reimburse providers for telemedicine services.
2. Oregon SJR 6
   Focus: Reimbursement and insurance
   Status: not passed into law
   A resolution to encourage insurers to reimburse providers for telemedicine services.

P

Pennsylvania

1. Pennsylvania SB 585
   Focus: Licensure
   Status: not passed into law
   Would require out-of-state physicians practicing telemedicine to hold a Pennsylvania medical license.

T

Texas

1. Texas HB 1877
   Focus: Administration and regulation
   Status: not passed into law
   Would provide for the establishment of a Telemedicine Advisory Committee to assist in evaluating policies for telemedical consultations under Section 531.0217; evaluating policies for telemedicine medical services or telehealth services pilot programs established under Section 531.02171; ensuring the efficient and consistent development and use of telecommunication technology for telemedical consultations and telemedicine medical services or telehealth services reimbursed under government-funded health programs; monitoring the type of programs receiving reimbursement under Sections 531.0217 and 531.02171; and coordinating the activities of state agencies concerned with the use of telemedical consultations and telemedicine medical services or telehealth services.
2. Texas HB 2632
   Focus: Administration and regulation
   Status: not passed into law
   Would provide for the establishment of a Telemedicine Advisory Committee to assist in evaluating policies for telemedical consultations under Section 531.0217; evaluating policies for telemedicine medical services or telehealth services pilot programs established under Section 531.02171; ensuring the efficient and consistent development and use of telecommunication technology for telemedical consultations and telemedicine medical services or telehealth services reimbursed under government-funded health programs; monitoring the type of programs receiving reimbursement under Sections 531.0217 and 531.02171; and coordinating the activities of state agencies concerned with the use of telemedical consultations and telemedicine medical services or telehealth services.
3. Texas HB 2922
   Focus: Administration and regulation
   Status: passed into law
   Would establish rules governing health insurance coverage, informed consent, and confidentiality for telemedicine medical services and telehealth services.
4. Texas HB 3531
   Focus: Reimbursement and insurance
   Status: not passed into law
   Would require Texas Medicaid to provide a reimbursement system for telemedicine services that is comparable to that of Medicare.
5. Texas SB 1324
   Focus: Administration and regulation
   Status: not passed into law
   Would establish rules governing health insurance coverage, informed consent, and confidentiality for telemedicine medical services and telehealth services.
6. Texas SB 691
   Focus: Reimbursement and insurance
   Status: passed into law
   Would require Texas Medicaid to provide a reimbursement system for telemedicine services that is comparable to that of Medicare.

V

Virginia

1. Virginia SB 758
   Focus: Administration and regulation
   Status: not passed into law
   Would amend and reenact §§ 2.2-2505 and 32.1-19.1 of the Code of Virginia, relating to medical efficacy of health care services, including reporting of telemedicine initiatives.

W

Washington

1. Washington HCR 4403
   Focus: Administration and regulation
   Status: not passed into law
   Would resolve that the Health Care Access Options Working Group be responsible for examining the privately and publicly funded health care insurance system in the State of Washington and for the development of recommendations for its improvement. The working group shall determine what should be the appropriate levels and delivery of services in Washington. The underserved areas of Washington and the total aspect of the delivery of health care in Washington, including telemedicine, shall also be reviewed.

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