Florida Senate - 2016 SENATOR AMENDMENT Bill No. CS/CS/HB 7087, 1st Eng. Ì768878sÎ768878 LEGISLATIVE ACTION Senate . House . . . Floor: 1/AD/3R . Floor: SENAT/CA 03/03/2016 05:37 PM . 03/09/2016 03:09 PM ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Bean moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 408.61, Florida Statutes, is created to 6 read: 7 408.61 Telehealth Task Force.— 8 (1) The Telehealth Task Force is created within the agency. 9 The agency shall use existing and available resources to 10 administer and support the activities of the task force under 11 this section. 12 (2) Members of the task force shall serve without 13 compensation and are not entitled to reimbursement for per diem 14 or travel expenses. The task force shall consist of the 15 following 21 members: 16 (a) The Secretary of Health Care Administration or his or 17 her designee, who shall serve as the chair of the task force. 18 (b) The State Surgeon General or his or her designee. 19 (c) Three representatives of hospitals or facilities 20 licensed under chapter 395; three representatives of health 21 insurers that offer coverage of telehealth services; two 22 representatives of organizations that represent health care 23 facilities; two representatives of long-term care services, one 24 from a nursing home and one from a home health agency or 25 community-based health services setting; and two representatives 26 of entities that create or sell telehealth products, all 27 appointed by the Secretary of Health Care Administration. 28 (d) Five health care practitioners, each of whom practices 29 in a different area of medicine, and two representatives of 30 organizations that represent health care practitioners, all 31 appointed by the State Surgeon General. 32 (3) The task force shall compile and analyze data and 33 information on the following: 34 (a) The frequency and extent of the use of telehealth 35 technology and equipment by health care practitioners and health 36 care facilities nationally and in this state. 37 (b) The costs and cost savings associated with using 38 telehealth technology and equipment. 39 (c) The types of telehealth services available. 40 (d) The extent of available health insurance coverage for 41 telehealth services. The task force shall conduct a comparative 42 analysis of such coverage to available coverage for in-person 43 services. The analysis must include: 44 1. Covered medical or other health care services. 45 2. A description of payment rates for telehealth services 46 and whether they are below, equal to, or above payment rates for 47 in-person services. 48 3. Annual and lifetime dollar maximums on coverage for 49 telehealth and in-person services. 50 4. Copayment, coinsurance, and deductible amounts; policy 51 year, calendar year, lifetime, or other durational benefit 52 limitations; and maximum benefits for telehealth and in-person 53 services. 54 5. Any unique conditions imposed as a prerequisite to 55 obtaining coverage for telehealth services. 56 (e) Barriers to implementing, using, or accessing 57 telehealth services. 58 (f) Consideration of opportunities for interstate 59 cooperation in telehealth. 60 (4) The task force shall convene its first meeting by 61 September 1, 2016, and shall meet as often as necessary to 62 fulfill its responsibilities under this section. Meetings may be 63 conducted in person, by teleconference, or by other electronic 64 means. 65 (5) The task force shall submit a report by June 30, 2017, 66 to the Governor, the President of the Senate, and the Speaker of 67 the House of Representatives which includes its findings, 68 conclusions, and recommendations. 69 (6) This section is repealed effective December 1, 2017. 70 Section 2. Section 456.51, Florida Statutes, is created to 71 read: 72 456.51 Telehealth.— 73 (1) A health care practitioner, a behavior analyst 74 certified under s. 393.17, a person certified under part III of 75 chapter 401, or a person certified under part IV or V of chapter 76 468 who is practicing within the scope of his or her license or 77 certification may provide telehealth services. A practitioner or 78 person who is not a physician, but who provides telehealth 79 services within the scope of his or her license or 80 certification, may not be considered to be practicing medicine 81 without a license. 82 (2) As used in this section, the term “telehealth” means 83 the use of synchronous or asynchronous telecommunications 84 technology by a health care practitioner, a behavior analyst 85 certified under s. 393.17, a person certified under part III of 86 chapter 401, or a person certified under part IV or V of chapter 87 468 to provide medical or other health care services, including, 88 but not limited to, patient assessment, diagnosis, consultation, 89 treatment, or remote monitoring; the transfer of medical or 90 health data; patient and professional health-related education; 91 the delivery of public health services; and health care 92 administration functions. 93 Section 3. Subsection (1) of section 636.202, Florida 94 Statutes, is amended to read: 95 636.202 Definitions.—As used in this part, the term: 96 (1) “Discount medical plan” means a business arrangement or 97 contract in which a person, in exchange for fees, dues, charges, 98 or other consideration, provides access for plan members to 99 providers of medical services and the right to receive medical 100 services from those providers at a discount. The term “discount 101 medical plan” does not include any product regulated under 102 chapter 627, chapter 641, or part I of this chapter, or any 103 telehealth product defined under s. 456.51, F.S. 104 Section 4. This act shall take effect July 1, 2016. 105 106 ================= T I T L E A M E N D M E N T ================ 107 And the title is amended as follows: 108 Delete everything before the enacting clause 109 and insert: 110 A bill to be entitled 111 An act relating to telehealth; creating s. 408.61, 112 F.S.; creating the Telehealth Task Force within the 113 Agency for Health Care Administration; requiring the 114 agency to use existing and available resources to 115 administer and support the task force; providing for 116 the membership of the task force; requiring the task 117 force to compile and analyze certain data and to 118 conduct a comparative analysis of health insurance 119 coverage available for telehealth services and for in 120 person treatment; providing meeting requirements; 121 requiring the task force to submit a report to the 122 Governor and Legislature by a certain date; providing 123 for the repeal of the section; creating s. 456.51, 124 F.S.; authorizing certain licensed or certified health 125 care professionals to provide telehealth services; 126 defining the term “telehealth”; amending s. 636.202, 127 F.S.; excluding telehealth products from the 128 definition of “discount medical plan”; providing an 129 effective date.