Florida Senate - 2013 SB 898 By Senator Joyner 19-01298-13 2013898__ 1 A bill to be entitled 2 An act relating to health care coverage; requiring 3 health insurers, corporations, and health maintenance 4 organizations issuing certain health policies to 5 provide coverage for telemedicine services; providing 6 definitions; prohibiting the exclusion of telemedicine 7 cost coverage solely because the services were not 8 provided face to face; specifying conditions under 9 which an insurer, corporation, or health maintenance 10 organization must reimburse a telemedicine provider 11 for certain fees and costs; authorizing provisions 12 requiring a deductible, copayment, or coinsurance 13 requirement for telemedicine services under certain 14 circumstances; prohibiting the imposition of certain 15 dollar and durational coverage limitations or 16 copayments, coinsurance, or deductibles on 17 telemedicine services unless imposed equally on all 18 terms and services; providing for applicability and 19 construction; requiring a utilization review under 20 certain circumstances; providing coverage under the 21 state plan or a waiver for health home services 22 provided to eligible individuals with chronic 23 conditions; requiring the Department of Health to 24 conduct an interagency study relating to telemedicine 25 services and coverage; requiring a report to the 26 Legislature; authorizing the department to adopt rules 27 in consultation with certain boards; providing an 28 effective date. 29 30 WHEREAS, today, more and more people take advantage of 31 telemedicine and e-health opportunities, including participating 32 in consultations with doctors and joining monitoring programs 33 for patients with chronic disease, and 34 WHEREAS, by connecting residents of the state with 35 geographically distant specialists, telemedicine can improve the 36 quality of care that residents may expect to receive and reduce 37 costs by providing services that might otherwise require long 38 distance travel or admission to a health care facility, NOW, 39 THEREFORE, 40 41 Be It Enacted by the Legislature of the State of Florida: 42 43 Section 1. Coverage for telemedicine services.— 44 (1) An insurer, corporation, or health maintenance 45 organization must provide coverage for the cost of health care 46 services provided through telemedicine services under the 47 following policies, contracts, and plans: 48 (a) An individual or group accident and sickness insurance 49 policy issued by an insurer to provide hospital, medical and 50 surgical, or major medical coverage on an expense-incurred 51 basis. 52 (b) An individual or group accident and sickness 53 subscription contract entered into by a corporation. 54 (c) A health care plan for health care services provided by 55 a health maintenance organization. 56 (2) As used in this section, the term: 57 (a) “Adverse decision” means a determination that the use 58 of telemedicine services rendered or proposed to be rendered is 59 not covered under the policy, contract, or plan. 60 (b) “Telemedicine services,” as it pertains to the delivery 61 of health care services, means synchronous video conferencing, 62 remote patient monitoring, asynchronous health images, or other 63 health transmissions supported by mobile devices (mHealth) or 64 other telecommunications technology used for the purpose of 65 diagnosis, consultation, or treatment at a site other than the 66 site where the provider is located. The term does not include an 67 audio-only telephone, e-mail messages, or facsimile 68 transmission. 69 (c) “Utilization review” means a review to determine the 70 appropriateness of telemedicine services, or whether coverage of 71 the delivery of telemedicine services rendered or proposed to be 72 rendered by a health care provider is required, if the 73 determination is made in the same manner as those determinations 74 are made for the treatment of any other illness, condition, or 75 disorder covered under the policy, contract, or plan. 76 (3) An insurer, corporation, or health maintenance 77 organization may not exclude a service from coverage solely 78 because the service is provided through telemedicine services 79 rather than face-to-face consultation or contact between a 80 health care provider and a patient. 81 (4) An insurer, corporation, or health maintenance 82 organization is not required to reimburse the telemedicine 83 provider or the consulting provider for technology fees or costs 84 related to the provision of telemedicine services; however, an 85 insurer, corporation, or health maintenance organization must 86 reimburse the telemedicine provider or the consulting provider 87 for the diagnosis, consultation, or treatment of the insured 88 delivered through telemedicine services on the same basis that 89 the insurer, corporation, or health maintenance organization is 90 responsible for coverage of the same services through face-to 91 face diagnosis, consultation, or treatment. 92 (5) An insurer, corporation, or health maintenance 93 organization may offer a health care plan containing a 94 deductible, copayment, or coinsurance requirement for a health 95 care service provided through telemedicine services if the 96 deductible, copayment, or coinsurance does not exceed the 97 deductible, copayment, or coinsurance that would be applicable 98 if the same services were provided through face-to-face 99 diagnosis, consultation, or treatment. 100 (6) An insurer, corporation, or health maintenance 101 organization may not impose any annual or lifetime dollar 102 maximum on coverage for telemedicine services other than an 103 annual or lifetime dollar maximum that applies in the aggregate 104 to all items and services covered under the policy, contract, or 105 plan and may not impose upon any person receiving benefits under 106 this section any copayment, coinsurance, or deductible amount, 107 or any policy year, calendar year, lifetime, or other durational 108 benefit limitation or maximum for benefits or services, that is 109 not equally imposed upon all terms and services covered under 110 the policy, contract, or plan. 111 (7) This section applies to: 112 (a) An insurance policy, contract, or plan that is 113 delivered, issued for delivery, reissued, or extended in this 114 state on or after July 1, 2013; a policy, contract, or plan for 115 which any term of the policy, contract, or plan is changed or 116 any premium adjustment is made on or after July 1, 2013; and, 117 effective July 1, 2014, any other policy, contract, or plan. For 118 purposes of this paragraph, a policy, contract, or plan is 119 deemed to be renewed no later than the next annual anniversary 120 date of the contract, policy, or plan. 121 (b) Medicaid plans, if the health care service would be 122 covered were it provided through in-person consultation between 123 the recipient and a health care provider, including statewide 124 coverage, services originating from a recipient’s home or any 125 other place where the recipient is located, and the provision of 126 any telemedicine services, including, but not limited to, 127 asynchronous health images or other health transmissions 128 supported by mobile devices provided by authorized health care 129 professions if such health care services would otherwise be 130 covered under the state Medicaid plan. 131 (8) This section does not apply to short-term travel, 132 accident-only, limited or specified disease, or individual 133 conversion policies or contracts; policies or contracts designed 134 for issuance to persons eligible for Medicare coverage under 135 Title XVIII of the federal Social Security Act; or any other 136 similar coverage under state or federal governmental plans. 137 (9) This section does not preclude an insurer, corporation, 138 or health maintenance organization providing coverage for 139 telemedicine services under an insurance policy, contract, or 140 plan from conducting a utilization review. After making an 141 adverse decision, an insurer, corporation, or health maintenance 142 organization must notify the covered individual and the 143 individual’s health care provider and must conduct a utilization 144 review after receiving a written request to conduct such a 145 review from a covered individual or the individual’s health care 146 provider. 147 Section 2. Under the state plan or a waiver of the state 148 plan, eligible individuals with chronic conditions as defined in 149 42 U.S.C. s. 1396w-4 are eligible for medical assistance that 150 provides health home services in compliance with 42 U.S.C. s. 151 1396w-4. 152 Section 3. Interagency telemedicine study by Department of 153 Health.—The Department of Health shall lead and conduct an 154 interagency study on options for inclusion in a comprehensive 155 state plan to implement telemedicine services and coverage that 156 includes multipayer coverage and reimbursement for stroke 157 diagnosis, high-risk pregnancies, premature births, and 158 emergency services. By July 1, 2014, the Department of Health 159 shall submit a final report of its findings and recommendations 160 concerning the study to the President of the Senate and the 161 Speaker of the House of Representatives. 162 Section 4. The Department of Health may adopt rules in 163 consultation with those boards that exercise regulatory or 164 rulemaking functions within the department relating to health 165 care practitioners as defined in s. 456.001(4), Florida 166 Statutes, to implement the requirements of this act relating to 167 the provision of telemedicine services and coverage by such 168 health care practitioners. 169 Section 5. This act shall take effect July 1, 2013.