Bill Text: IA SF2100 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the provision of behavioral health services including via telemedicine in a school setting. (See SF 2261.)
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-02-13 - Committee report approving bill, renumbered as SF 2261. S.J. 309. [SF2100 Detail]
Download: Iowa-2019-SF2100-Introduced.html
Senate
File
2100
-
Introduced
SENATE
FILE
2100
BY
MILLER-MEEKS
A
BILL
FOR
An
Act
relating
to
the
provision
of
behavioral
health
services
1
including
via
telemedicine
in
a
school
setting.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
NEW
SECTION
.
280A.1
Definitions.
1
As
used
in
this
section,
unless
the
context
otherwise
2
requires:
3
1.
“Accredited
nonpublic
school”
means
any
school,
other
4
than
a
public
school,
that
is
accredited
pursuant
to
section
5
256.11
for
any
and
all
levels
for
grades
one
through
twelve.
6
2.
“Area
education
agency”
means
an
area
education
agency
7
established
pursuant
to
chapter
273.
8
3.
“Behavioral
health
screening”
or
“screening”
means
a
9
screening
and
assessment
performed
using
a
universal
behavioral
10
health
screening
and
assessment
tool,
approved
for
use
by
the
11
department
of
education
in
consultation
with
the
department
of
12
public
health
and
the
department
of
human
services,
to
identify
13
factors
that
place
children
at
higher
risk
for
behavioral
14
health
conditions,
to
determine
appropriate
treatment
or
15
intervention,
and
to
identify
the
need
for
referral
for
16
appropriate
services.
17
4.
“Behavioral
health
services”
means
services
provided
18
by
a
health
care
professional
operating
within
the
scope
of
19
the
health
care
professional’s
practice
which
address
mental,
20
emotional,
medical,
or
behavioral
conditions,
illnesses,
21
diseases,
or
problems.
22
5.
“Health
care
professional”
means
a
physician
or
other
23
health
care
practitioner
licensed,
accredited,
registered,
or
24
certified
to
perform
specified
health
care
services
consistent
25
with
state
law.
26
6.
“In-person
encounter”
means
that
the
mental
health
27
professional
and
the
student
are
in
the
physical
presence
of
28
each
other
and
are
in
the
same
physical
location
during
the
29
provision
of
behavioral
health
services.
30
7.
“Mental
health
professional”
means
the
same
as
defined
31
in
section
228.1.
32
8.
“Patient”
means
a
student
receiving
a
behavioral
health
33
screening
or
other
behavioral
health
services
in
accordance
34
with
this
chapter.
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9.
“Primary
care
provider”
means
the
personal
provider
1
trained
to
provide
the
first
contact
and
continuous
and
2
comprehensive
care
to
a
patient
and
includes
but
is
not
limited
3
to
any
of
the
following
licensed
or
certified
health
care
4
professionals
who
provide
primary
care:
5
a.
A
physician
who
is
a
family
or
general
practitioner
or
a
6
pediatrician.
7
b.
An
advanced
registered
nurse
practitioner.
8
c.
A
physician
assistant.
9
d.
A
chiropractor.
10
10.
“Provider-patient
relationship”
means
the
relationship
11
between
the
patient
and
the
mental
health
professional
that
12
meets
the
requirements
for
commencement
and
establishment
of
13
a
valid
provider-patient
relationship
as
specified
in
this
14
chapter.
15
11.
“Public
school”
means
any
school
directly
supported
in
16
whole
or
in
part
by
taxation.
17
12.
“School
district”
means
a
school
district
described
in
18
chapter
274.
19
13.
“Student”
means
a
person
enrolled
in
and
attending
an
20
accredited
nonpublic
school
or
a
public
school
in
grades
one
21
through
twelve.
22
14.
“Telemedicine”
means
the
practice
of
medicine
using
23
electronic
audio-visual
communications
and
information
24
technologies
or
other
means,
including
interactive
audio
with
25
asynchronous
store-and-forward
transmission,
between
a
licensee
26
in
one
location
and
a
patient
in
another
location
with
or
27
without
an
intervening
health
care
provider.
“Telemedicine”
28
includes
asynchronous
store-and-forward
technologies,
remote
29
monitoring,
and
real-time
interactive
services,
including
30
teleradiology
and
telepathology.
“Telemedicine”
does
not
31
include
the
provision
of
medical
services
only
through
an
32
audio-only
telephone,
email
messages,
facsimile
transmissions,
33
or
U.S.
mail
or
other
parcel
service,
or
any
combination
of
34
these
means.
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Sec.
2.
NEW
SECTION
.
280A.2
Behavioral
health
screenings
1
and
assessments
in
school
settings.
2
1.
a.
A
school
district,
an
accredited
nonpublic
school,
3
or
an
area
education
agency
may
contract
with
a
mental
health
4
professional
or
a
nationally
accredited
behavioral
health
5
care
organization
to
provide
behavioral
health
screenings
to
6
students
in
person
or
via
telemedicine.
7
b.
(1)
A
behavioral
health
screening
may
be
conducted
8
following
provision
of
written
consent
by
the
student’s
parent
9
or
guardian
for
the
student
to
participate
in
such
screening
10
and
to
allow
for
the
release
of
the
results
of
the
screening
to
11
the
student’s
primary
care
provider.
12
(2)
The
consent
shall
also
allow
for
the
disclosure
of
the
13
results
of
such
screenings
to
the
school
district,
accredited
14
nonpublic
school,
or
area
education
agency,
if
the
mental
15
health
professional
believes
there
is
a
credible
threat
to
the
16
health
and
safety
of
the
student
or
others.
17
2.
If
a
mental
health
professional
conducts
an
initial
18
behavioral
health
screening
on
the
premises
of
a
public
school,
19
an
accredited
nonpublic
school,
or
an
area
education
agency
and
20
determines
that
a
student
should
be
referred
for
additional
21
behavioral
health
services,
all
of
the
following
shall
apply:
22
a.
The
mental
health
professional
shall
notify
the
parent
or
23
guardian
of
the
student
of
the
results
of
the
screening.
24
b.
The
mental
health
professional
shall
notify
the
student’s
25
primary
care
provider.
If
the
student
does
not
have
a
primary
26
care
provider,
the
mental
health
professional
shall
provide
27
a
listing
of
local
primary
care
providers
to
the
parent
or
28
guardian.
29
Sec.
3.
NEW
SECTION
.
280A.3
Establishment
of
30
provider-patient
relationship
for
services
provided
via
31
telemedicine
in
a
school
setting.
32
1.
A
mental
health
professional
who
provides
services
33
via
telemedicine
in
a
public
school,
an
accredited
nonpublic
34
school,
or
an
area
education
agency
shall
establish
a
valid
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provider-patient
relationship
with
the
student
who
receives
1
telemedicine
services.
2
2.
The
provider-patient
relationship
commences
when
all
of
3
the
following
conditions
are
met:
4
a.
The
student
with
the
health-related
matter
seeks
5
assistance
from
a
mental
health
professional.
6
b.
The
mental
health
professional
agrees
to
undertake
7
diagnosis
and
treatment
of
the
student.
8
c.
The
student
agrees
to
be
treated
by
the
mental
health
9
professional
whether
or
not
there
has
been
an
in-person
10
encounter
between
the
mental
health
professional
and
the
11
student.
12
3.
A
valid
provider-patient
relationship
may
be
established
13
through
any
of
the
following
means:
14
a.
Through
an
in-person
encounter
which
includes
an
15
in-person
medical
interview
and
physical
examination
conducted
16
under
the
standard
of
care
required
for
an
in-person
encounter.
17
b.
Through
consultation
with
a
primary
care
provider
who
has
18
an
established
relationship
with
the
patient
and
who
agrees
to
19
participate
in
or
supervise
the
patient’s
care.
20
4.
The
parent
or
guardian
of
a
student
shall
be
given
21
the
opportunity
to
consent
prior
to
the
student
receiving
22
behavioral
health
services
via
telemedicine
under
this
chapter
23
after
a
provider-patient
relationship
is
established
pursuant
24
to
this
section.
The
school
district
shall
maintain
any
such
25
consent
form
completed
by
a
parent
or
guardian.
26
Sec.
4.
NEW
SECTION
.
280A.4
Behavioral
health
services
27
provided
via
telemedicine
in
a
school
setting.
28
1.
A
public
school,
accredited
nonpublic
school,
or
an
29
area
education
agency
may
provide
access
to
behavioral
health
30
services
via
telemedicine
on
the
premises
of
the
public
school,
31
accredited
nonpublic
school,
or
area
education
agency.
If
32
a
public
school,
an
accredited
nonpublic
school,
or
an
area
33
education
agency
provides
such
access,
the
school
or
area
34
education
agency
shall
do
all
of
the
following:
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a.
Provide
a
secure,
confidential,
and
private
room
for
such
1
services
and
the
technology
necessary
to
conduct
telemedicine
2
services.
3
b.
Maintain
parent
or
guardian
consent
forms
for
the
4
provision
of
such
services.
Consent
forms
shall
be
required
5
for
each
academic
year
in
which
the
student
receives
such
6
services.
7
c.
Maintain
scheduling
requests
for
student
appointments
8
for
such
services
and
provide
the
student
access
to
the
room
by
9
a
school
nurse
or
other
appropriately
trained
school
or
area
10
education
agency
employee.
11
d.
Ensure
that
no
school
or
area
education
agency
employee
12
is
present
in
the
same
room
as
the
student
during
the
provision
13
of
such
services.
14
e.
Provide
information
to
the
student
participating
15
in
telemedicine
services
about
how
and
to
whom
to
report
16
inappropriate
behavior
by
a
mental
health
professional.
17
f.
Provide
access
to
the
student’s
parent
or
guardian
to
18
participate
in
any
of
the
student’s
telemedicine
sessions.
19
2.
The
public
school,
accredited
nonpublic
school,
or
area
20
education
agency
shall
not
have
access
to
or
handle
any
of
the
21
student’s
medical
records
or
be
responsible
for
billing
for
the
22
telemedicine
services
provided.
23
3.
A
mental
health
professional
with
prescribing
authority
24
who
provides
telemedicine
services
in
accordance
with
this
25
section
shall
not
prescribe
any
new
medication
to
a
student
26
during
a
telemedicine
session.
However,
a
mental
health
27
professional
with
prescribing
authority
may
initiate
new
28
prescriptions,
alter
the
dosage
of
an
existing
medication,
or
29
discontinue
an
existing
medication
for
the
treatment
of
the
30
student’s
behavioral
health
condition
after
consultation
with
31
the
student’s
parent
or
guardian.
32
4.
a.
Prior
to
the
initiation
of
behavioral
health
services
33
via
telemedicine
in
accordance
with
this
section,
the
student’s
34
primary
care
provider
and
the
mental
health
professional
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providing
the
telemedicine
services
shall
consult
to
develop
1
a
plan
for
the
purpose
of
coordinating
the
student’s
medical
2
care.
3
b.
The
plan
shall
ensure
regular
contact
between
the
4
student’s
primary
care
provider
and
the
student’s
mental
5
health
professional,
and
the
sharing
of
such
records
as
may
be
6
necessary
to
jointly
manage
the
student’s
medical
care.
7
c.
If
the
student
receiving
telemedicine
services
does
not
8
have
a
primary
care
provider,
the
mental
health
professional
9
shall
provide
a
listing
of
local
primary
care
providers
to
the
10
student’s
parent
or
guardian.
11
5.
The
mental
health
professional
shall
notify
the
12
student’s
parent
or
guardian
of
the
time
and
place
for
each
13
scheduled
telemedicine
session
and
specify
the
means
available
14
for
the
parent
or
guardian
to
participate
in
the
session.
15
6.
Protected
health
information,
including
but
not
limited
16
to
medical
records
and
medical
billing
information,
created
17
by
the
mental
health
professional
or
primary
care
provider
18
shall
not
be
shared
with
or
disclosed
to
a
public
school,
19
accredited
nonpublic
school,
or
area
education
agency,
unless
20
disclosure
is
necessary
to
prevent
or
lessen
a
serious
and
21
imminent
threat
to
the
health
or
safety
of
the
student
or
to
a
22
clearly
identifiable
person
or
persons
and
the
mental
health
23
professional
determines
the
student
has
the
apparent
intent
and
24
ability
to
carry
out
the
threat.
25
7.
A
school
district,
an
accredited
nonpublic
school,
26
an
area
education
agency,
the
board
of
directors
of
a
school
27
district
or
an
area
education
agency,
authorities
in
charge
of
28
the
accredited
nonpublic
school,
and
employees
of
the
school
29
district,
accredited
nonpublic
school
or
area
education
agency,
30
shall
not
be
liable
for
any
injury
arising
from
the
provision
31
of
voluntary
behavioral
health
screenings
or
behavioral
health
32
services
in
accordance
with
this
chapter,
provided
such
person
33
has
acted
reasonably
and
in
good
faith.
34
Sec.
5.
NEW
SECTION
.
514C.35
Behavioral
health
services
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provided
via
telemedicine
in
a
school
setting
——
coverage.
1
1.
As
used
in
this
section,
unless
the
context
otherwise
2
requires:
3
a.
“Accredited
nonpublic
school”
means
any
school,
other
4
than
a
public
school,
that
is
accredited
pursuant
to
section
5
256.11
for
any
and
all
levels
for
grades
one
through
twelve.
6
b.
“Area
education
agency”
means
an
area
education
agency
7
established
pursuant
to
chapter
273.
8
c.
“Behavioral
health
services”
means
services
provided
9
by
a
health
care
professional
operating
within
the
scope
of
10
the
health
care
professional’s
practice
which
address
mental,
11
emotional,
medical,
or
behavioral
conditions,
illnesses,
12
diseases,
or
problems.
13
d.
“Health
care
professional”
means
a
physician
or
other
14
health
care
practitioner
licensed,
accredited,
registered,
or
15
certified
to
perform
specified
health
care
services
consistent
16
with
state
law.
17
e.
“In-person
encounter”
means
that
the
mental
health
18
professional
and
the
student
are
in
the
physical
presence
of
19
each
other
and
are
in
the
same
physical
location
during
the
20
provision
of
behavioral
health
services.
21
f.
“Mental
health
professional”
means
the
same
as
defined
22
in
section
228.1.
23
g.
“Patient”
means
a
student
receiving
a
behavioral
health
24
screening
or
other
behavioral
health
services
in
accordance
25
with
this
chapter.
26
h.
“Primary
care
provider”
means
the
personal
provider
27
trained
to
provide
the
first
contact
and
continuous
and
28
comprehensive
care
to
a
patient
and
includes
but
is
not
limited
29
to
any
of
the
following
licensed
or
certified
health
care
30
professionals
who
provide
primary
care:
31
(1)
A
physician
who
is
a
family
or
general
practitioner
or
a
32
pediatrician.
33
(2)
An
advanced
registered
nurse
practitioner.
34
(3)
A
physician
assistant.
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(4)
A
chiropractor.
1
i.
“Provider-patient
relationship”
means
the
relationship
2
between
the
patient
and
the
mental
health
professional
that
3
meets
the
requirements
for
commencement
and
establishment
of
4
a
valid
provider-patient
relationship
as
specified
in
this
5
chapter.
6
j.
“Public
school”
means
any
school
directly
supported
in
7
whole
or
in
part
by
taxation.
8
k.
“School”
means
a
public
or
accredited
nonpublic
school,
9
or
an
area
education
agency
that
provides
premises
for
teaching
10
any
grade
from
kindergarten
through
grade
twelve.
11
l.
“School
district”
means
a
school
district
described
in
12
chapter
274.
13
m.
“Student”
means
a
person
enrolled
in
and
attending
an
14
accredited
nonpublic
school
or
a
public
school
in
grades
one
15
through
twelve.
16
n.
“Telemedicine”
means
the
practice
of
medicine
using
17
electronic
audio-visual
communications
and
information
18
technologies
or
other
means,
including
interactive
audio
with
19
asynchronous
store-and-forward
transmission,
between
a
licensee
20
in
one
location
and
a
patient
in
another
location
with
or
21
without
an
intervening
health
care
provider.
“Telemedicine”
22
includes
asynchronous
store-and-forward
technologies,
remote
23
monitoring,
and
real-time
interactive
services,
including
24
teleradiology
and
telepathology.
“Telemedicine”
does
not
25
include
the
provision
of
medical
services
only
through
an
26
audio-only
telephone,
email
messages,
facsimile
transmissions,
27
or
U.S.
mail
or
other
parcel
service,
or
any
combination
of
28
these
means.
29
2.
a.
Notwithstanding
the
uniformity
of
treatment
30
requirements
of
section
514C.6,
a
policy,
contract,
or
plan
31
providing
for
third-party
payment
or
prepayment
of
health
or
32
medical
expenses
shall
provide
coverage
and
treat
as
equivalent
33
services,
behavioral
health
services
provided
by
a
mental
34
health
professional
to
a
student
through
an
in-person
encounter
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or
via
telemedicine
pursuant
to
chapter
280A.
1
b.
Coverage
shall
be
provided
if
all
of
the
following
2
conditions
are
met:
3
(1)
If
behavioral
health
services
are
provided
by
a
mental
4
health
professional
via
telemedicine
to
a
student
on
the
5
premises
of
a
public
school,
an
accredited
nonpublic
school,
or
6
an
area
education
agency,
the
behavioral
health
services
are
7
provided
in
accordance
with
chapter
280A.
8
(2)
The
mental
health
services
provided
are
provided
in
9
accordance
with
evidence-based
standards
of
practice
and
relate
10
only
to
behavioral
health.
11
(3)
The
mental
health
professional
has
an
existing
12
provider-patient
relationship
with
the
student
as
specified
in
13
chapter
280A.
14
(4)
The
student’s
parent
or
guardian
has
consented
to
the
15
treatment
and
to
release
of
the
student’s
medical
records
16
associated
with
the
telemedicine
services
to
the
student’s
17
primary
care
provider.
18
(5)
The
mental
health
services
provided
are
required
in
19
accordance
with
the
student’s
individual
education
plan.
20
3.
This
section
applies
to
the
following
classes
of
21
third-party
payment
provider
policies,
contracts,
or
plans
22
delivered,
issued
for
delivery,
continued,
or
renewed
in
this
23
state
on
or
after
January
1,
2021:
24
a.
Individual
or
group
accident
and
sickness
insurance
25
providing
coverage
on
an
expense-incurred
basis.
26
b.
An
individual
or
group
hospital
or
medical
service
27
contract
issued
pursuant
to
chapter
509,
514,
or
514A.
28
c.
An
individual
or
group
health
maintenance
organization
29
contract
regulated
under
chapter
514B.
30
d.
A
plan
established
pursuant
to
chapter
509A
for
public
31
employees.
32
4.
This
section
shall
not
apply
to
accident-only,
33
specified
disease,
short-term
hospital
or
medical,
hospital
34
confinement
indemnity,
credit,
dental,
vision,
Medicare
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supplement,
long-term
care,
basic
hospital
and
medical-surgical
1
expense
coverage
as
defined
by
the
commissioner,
disability
2
income
insurance
coverage,
coverage
issued
as
a
supplement
3
to
liability
insurance,
workers’
compensation
or
similar
4
insurance,
or
automobile
medical
payment
insurance.
5
5.
The
commissioner
of
insurance,
in
collaboration
with
the
6
state
board
of
education,
may
adopt
rules
pursuant
to
chapter
7
17A
as
necessary
to
administer
this
section.
8
Sec.
6.
MEDICAID
——
TELEMEDICINE
SERVICES
PROVIDED
IN
9
SCHOOL
SETTINGS
——
REIMBURSEMENT.
10
1.
For
the
purposes
of
this
section:
11
a.
“Accredited
nonpublic
school”
means
any
school,
other
12
than
a
public
school,
that
is
accredited
pursuant
to
section
13
256.11
for
any
and
all
levels
for
grades
one
through
twelve.
14
b.
“Area
education
agency”
means
an
area
education
agency
15
established
pursuant
to
chapter
273.
16
c.
“Behavioral
health
services”
means
services
provided
17
by
a
health
care
professional
operating
within
the
scope
of
18
the
health
care
professional’s
practice
which
address
mental,
19
emotional,
medical,
or
behavioral
conditions,
illnesses,
20
diseases,
or
problems.
21
d.
“Health
care
professional”
means
a
physician
or
other
22
health
care
practitioner
licensed,
accredited,
registered,
or
23
certified
to
perform
specified
health
care
services
consistent
24
with
state
law.
25
e.
“In-person
encounter”
means
that
the
mental
health
26
professional
and
the
student
are
in
the
physical
presence
of
27
each
other
and
are
in
the
same
physical
location
during
the
28
provision
of
behavioral
health
services.
29
f.
“Mental
health
professional”
means
the
same
as
defined
30
in
section
228.1.
31
g.
“Patient”
means
a
student
receiving
a
behavioral
health
32
screening
or
other
behavioral
health
services
in
accordance
33
with
this
chapter.
34
h.
“Primary
care
provider”
means
the
personal
provider
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trained
to
provide
the
first
contact
and
continuous
and
1
comprehensive
care
to
a
patient
and
includes
but
is
not
limited
2
to
any
of
the
following
licensed
or
certified
health
care
3
professionals
who
provide
primary
care:
4
(1)
A
physician
who
is
a
family
or
general
practitioner
or
a
5
pediatrician.
6
(2)
An
advanced
registered
nurse
practitioner.
7
(3)
A
physician
assistant.
8
(4)
A
chiropractor.
9
i.
“Provider-patient
relationship”
means
the
relationship
10
between
the
patient
and
the
mental
health
professional
that
11
meets
the
requirements
for
commencement
and
establishment
of
12
a
valid
provider-patient
relationship
as
specified
in
this
13
chapter.
14
j.
“Public
school”
means
any
school
directly
supported
in
15
whole
or
in
part
by
taxation.
16
k.
“School”
means
a
public
or
accredited
nonpublic
school,
17
or
an
area
education
agency
that
provides
premises
for
teaching
18
any
grade
from
kindergarten
through
grade
twelve.
19
l.
“School
district”
means
a
school
district
described
in
20
chapter
274.
21
m.
“Student”
means
a
person
enrolled
in
and
attending
an
22
accredited
nonpublic
school
or
a
public
school
in
grades
one
23
through
twelve.
24
n.
“Telemedicine”
means
the
practice
of
medicine
using
25
electronic
audio-visual
communications
and
information
26
technologies
or
other
means,
including
interactive
audio
with
27
asynchronous
store-and-forward
transmission,
between
a
licensee
28
in
one
location
and
a
patient
in
another
location
with
or
29
without
an
intervening
health
care
provider.
“Telemedicine”
30
includes
asynchronous
store-and-forward
technologies,
remote
31
monitoring,
and
real-time
interactive
services,
including
32
teleradiology
and
telepathology.
“Telemedicine”
does
not
33
include
the
provision
of
medical
services
only
through
an
34
audio-only
telephone,
email
messages,
facsimile
transmissions,
35
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or
U.S.
mail
or
other
parcel
service,
or
any
combination
of
1
these
means.
2
2.
a.
The
department
of
human
services
shall
require,
3
contractually
and
in
accordance
with
rules
adopted
pursuant
4
to
chapter
17A,
that
under
both
fee-for-service
and
managed
5
care
administered
Medicaid,
behavioral
health
services
provided
6
through
an
in-person
encounter
or
via
telemedicine
pursuant
to
7
chapter
280A
shall
be
treated
as
equivalent
services
for
the
8
purposes
of
reimbursement.
9
b.
Coverage
shall
be
provided
if
all
of
the
following
10
conditions
are
met:
11
(1)
If
the
mental
health
services
are
provided
by
a
mental
12
health
professional
via
telemedicine
to
a
student
on
the
13
premises
of
a
public
school,
an
accredited
nonpublic
school,
or
14
an
area
education
agency,
the
behavioral
health
services
are
15
provided
in
accordance
with
chapter
280A.
16
(2)
The
mental
health
services
are
provided
in
accordance
17
with
evidence-based
standards
of
practice
and
relate
only
to
18
behavioral
health.
19
(3)
The
mental
health
professional
has
an
existing
20
provider-patient
relationship
with
the
student
as
specified
in
21
chapter
280A.
22
(4)
The
student’s
parent
or
guardian
has
consented
to
the
23
treatment
and
to
release
of
the
student’s
medical
records
24
associated
with
the
telemedicine
services
to
the
student’s
25
primary
care
provider.
26
(5)
The
mental
health
services
provided
are
required
in
27
accordance
with
the
student’s
individual
education
plan.
28
EXPLANATION
29
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
30
the
explanation’s
substance
by
the
members
of
the
general
assembly.
31
This
bill
provides
for
the
provision
of
behavioral
health
32
screenings
and
services
through
a
school
setting
both
in
person
33
and
via
telemedicine.
34
The
bill
authorizes
a
school
district,
an
accredited
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nonpublic
school,
or
an
area
education
agency
to
contract
1
with
a
mental
health
professional
or
a
nationally
accredited
2
behavioral
health
care
organization
to
provide
behavioral
3
health
screenings
to
students
in
person
or
via
telemedicine,
4
upon
written
consent
by
the
student’s
parent
or
guardian
and
5
to
allow
for
the
release
of
the
results
of
the
screening
to
the
6
student’s
primary
care
provider.
7
The
bill
specifies
the
requirements
for
the
establishment
8
of
a
provider-patient
relationship
for
purposes
of
mental
9
health
professionals
providing
behavioral
health
services
10
via
telemedicine
in
a
public
school,
an
accredited
nonpublic
11
school,
or
an
area
education
agency
setting.
12
The
bill
authorizes
a
public
school,
accredited
nonpublic
13
school,
and
area
education
agency
to
provide
access
to
14
behavioral
health
services
via
telemedicine
on
the
premises
15
of
the
public
school,
accredited
nonpublic
school,
or
area
16
education
agency,
specifies
the
parameters
for
the
provision
of
17
such
services,
and
provides
immunity
for
entities
that
provide
18
such
services
acting
reasonably
and
in
good
faith.
19
The
bill
requires
that
both
private
health
insurance
20
coverage
and
the
Medicaid
program
are
to
provide
coverage
21
and
treat
as
equivalent
services,
behavioral
health
services
22
provided
by
a
mental
health
professional
to
a
student
through
23
an
in-person
encounter
or
via
telemedicine
pursuant
to
the
24
bill.
25
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