Florida Senate - 2014 SB 70
By Senator Joyner
19-00018-14 201470__
1 A bill to be entitled
2 An act relating to telemedicine; defining the term
3 “telemedicine”; providing that a health insurance
4 policy or Medicaid may not require face-to-face
5 contact between a health care provider and patient as
6 a prerequisite to coverage or reimbursement for
7 services; clarifying that the use of telemedicine
8 technology under the supervision of another health
9 care practitioner may not be interpreted as practicing
10 medicine without a license; authorizing the Department
11 of Health to adopt rules and requiring the department
12 to repeal any rules that prohibit the use of
13 telemedicine; requiring the department to conduct a
14 study, which includes the Department of Children and
15 Families and the Agency for Health Care
16 Administration, on options for implementing
17 telemedicine for certain services; requiring the
18 Department of Health to submit a report to the
19 Legislature; providing an effective date.
20
21 WHEREAS, telemedicine services are those services that use
22 electronic technology to overcome geographic distance between
23 patients and health care providers for the purposes of
24 assessing, monitoring, intervening, clinical managing, or
25 educating patients, and
26 WHEREAS, the Legislature recognizes that telemedicine
27 services can result in cost-effectiveness, improvements in
28 disease management, and improved patient outcomes and that
29 studies have demonstrated significant reductions in
30 hospitalizations and otherwise necessary medical care as a
31 result of telemedicine intervention, and
32 WHEREAS, geography, weather, availability of specialists,
33 transportation, and other factors can create barriers to
34 accessing appropriate health and mental health care, and given
35 these barriers, one way to provide, ensure, or enhance access to
36 qualified health care providers is through the appropriate use
37 of technology, and
38 WHEREAS, the Legislature seeks to embrace efforts that will
39 encourage health insurers and health providers to support the
40 use of telemedicine and that will also encourage all state
41 agencies to evaluate and amend their policies and rules to
42 remove regulatory barriers prohibiting the use of telemedicine,
43 NOW THEREFORE,
44
45 Be It Enacted by the Legislature of the State of Florida:
46
47 Section 1. Telemedicine services.—
48 (1) As used in this section, the term “telemedicine
49 services,” as it relates to the delivery of health care
50 services, means synchronous video conferencing, remote patient
51 monitoring, asynchronous health images, or other health
52 transmissions supported by mobile devices, such as mHealth, or
53 other telecommunications technology used for the purpose of
54 diagnosis, consultation, treatment, transfer of medical data, or
55 exchange of medical education information by means of audio,
56 video, or data communications. The term does not include an
57 audio-only telephone call, e-mail message, or facsimile
58 transmission.
59 (2) On or after January 1, 2015, a health insurance policy
60 that is issued, amended, or renewed may not require face-to-face
61 contact between a health care provider and a patient as a
62 prerequisite for payment for services appropriately provided
63 through telemedicine in accordance with generally accepted
64 health care practices and standards prevailing in the applicable
65 professional community at the time the services are provided.
66 The provision of health care services through telemedicine is
67 subject to all terms and conditions negotiated between the
68 provider and the health insurer or health plan for the provision
69 of health care services. A Medicaid service that is provided
70 through a fee-for-service or managed care program may not be
71 denied as a creditable Medicaid service on the basis that the
72 service is provided through telemedicine. Health care services
73 covered through in-person consultations or through telemedicine
74 shall be treated as equivalent services for the purposes of
75 health insurance coverage and payment.
76 (3) This section does not prevent a health insurer or
77 health plan from imposing deductibles or copayment or
78 coinsurance requirements for a health care service provided
79 through telemedicine if the deductible, copayment, or
80 coinsurance does not exceed the deductible, copayment, or
81 coinsurance applicable to an in-person consultation for the same
82 health care service.
83 (4) This section does not preclude a health care
84 practitioner, as defined in s. 456.001, Florida Statutes, who
85 acts within the scope of his or her practice from using the
86 technology of telemedicine within his or her practice, or using
87 telemedicine technology under the direction and supervision of
88 another health care practitioner who is using telemedicine
89 technology within the supervising practitioner’s scope of
90 practice. A health care practitioner acting under the direction
91 and supervision of a physician through the use of telemedicine
92 technology may not be interpreted as practicing medicine without
93 a license. However, a health care practitioner using
94 telemedicine technology must be trained in, educated on, and
95 knowledgeable about the procedure and technology and may not
96 perform duties for which the practitioner does not have
97 sufficient training, education, or knowledge. Failure to have
98 adequate training, education, and knowledge is grounds for
99 disciplinary action by the board, or the department if there is
100 no board.
101 (5) The Department of Health, in consultation with those
102 boards within the department which exercise regulatory or
103 rulemaking functions relating to health care practitioners as
104 defined in s. 456.001, Florida Statutes, may adopt rules, as
105 necessary, to administer the requirements of this section
106 relating to the provision of telemedicine services by such
107 practitioners, and shall repeal any rules that prohibit the use
108 of telemedicine in this state.
109 Section 2. The Department of Health shall lead and conduct
110 an interagency study, which also includes the Department of
111 Children and Families and the Agency for Health Care
112 Administration, on options for implementing telemedicine
113 services and coverage, including multi-payer coverage and
114 reimbursement, for stroke diagnosis, high-risk pregnancies,
115 premature births, mental health services, and emergency
116 services. The Department of Health shall submit a final report
117 of its findings and recommendations to the President of the
118 Senate and the Speaker of the House of Representatives by July
119 1, 2015.
120 Section 3. This act shall take effect July 1, 2014.