H.B. No. 1697
 
 
 
 
AN ACT
  relating to the establishment of a pediatric health
  tele-connectivity resource program for rural Texas.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle I, Title 4, Government Code, is amended
  by adding Chapter 541 to read as follows:
  CHAPTER 541.  PEDIATRIC TELE-CONNECTIVITY RESOURCE PROGRAM FOR
  RURAL TEXAS
         Sec. 541.001.  DEFINITIONS. In this chapter:
               (1)  "Nonurban health care facility" means a hospital
  licensed under Chapter 241, Health and Safety Code, or other
  licensed health care facility in this state that is located in a
  rural area as defined by Section 845.002, Insurance Code.
               (2)  "Pediatric specialist" means a physician who is
  certified in general pediatrics by the American Board of Pediatrics
  or American Osteopathic Board of Pediatrics.
               (3)  "Pediatric subspecialist" means a physician who is
  certified in a pediatric subspecialty by a member board of the
  American Board of Medical Specialties or American Osteopathic Board
  of Pediatrics.
               (4)  "Pediatric tele-specialty provider" means a
  pediatric health care facility in this state that offers continuous
  access to telemedicine medical services provided by pediatric
  subspecialists.
               (5)  "Physician" means a person licensed to practice
  medicine in this state.
               (6)  "Program" means the pediatric tele-connectivity
  resource program for rural Texas established under this chapter.
               (7)  "Telemedicine medical services" means health care
  services delivered to a patient:
                     (A)  by a physician acting within the scope of the
  physician's license or a health professional acting under the
  delegation and supervision of a physician and within the scope of
  the health professional's license;
                     (B)  from a physical location that is different
  from the patient's location; and
                     (C)  using telecommunications or information
  technology.
         Sec. 541.002.  PEDIATRIC TELE-CONNECTIVITY RESOURCE PROGRAM
  FOR RURAL TEXAS. The commission with any necessary assistance of
  pediatric tele-specialty providers shall establish a pediatric
  tele-connectivity resource program for rural Texas to award grants
  to nonurban health care facilities to connect the facilities with
  pediatric specialists and pediatric subspecialists who provide
  telemedicine medical services.
         Sec. 541.003.  USE OF GRANT. A nonurban health care facility
  awarded a grant under this chapter may use grant money to:
               (1)  purchase equipment necessary for implementing a
  telemedicine medical service;
               (2)  modernize the facility's information technology
  infrastructure and secure information technology support to ensure
  an uninterrupted two-way video signal that is compliant with the
  Health Insurance Portability and Accountability Act of 1996 (Pub.
  L. No. 104-191);
               (3)  pay a service fee to a pediatric tele-specialty
  provider under an annual contract with the provider; or
               (4)  pay for other activities, services, supplies,
  facilities, resources, and equipment the commission determines
  necessary for the facility to use a telemedicine medical service.
         Sec. 541.004.  SELECTION OF GRANT RECIPIENTS. (a)  The
  commission with any necessary assistance of pediatric
  tele-specialty providers may select an eligible nonurban health
  care facility to receive a grant under this chapter.
         (b)  To be eligible for a grant under this chapter, a
  nonurban health care facility must have:
               (1)  a quality assurance program that measures the
  compliance of the facility's health care providers with the
  facility's medical protocols;
               (2)  on staff at least one full-time equivalent
  physician who has training and experience in pediatrics and one
  person who is responsible for ongoing nursery and neonatal support
  and care;
               (3)  a designated neonatal intensive care unit or an
  emergency department;
               (4)  a commitment to obtaining neonatal or pediatric
  education from a tertiary facility to expand the facility's depth
  and breadth of telemedicine medical service capabilities; and
               (5)  the capability of maintaining records and
  producing reports that measure the effectiveness of a grant
  received by the facility under this chapter.
         Sec. 541.005.  GIFTS, GRANTS, AND DONATIONS. (a)  The
  commission may solicit and accept gifts, grants, and donations from
  any public or private source for the purposes of this chapter.
         (b)  A political subdivision that participates in the
  program may pay part of the costs of the program.
         Sec. 541.006.  WORK GROUP. (a)  The commission may establish
  a program work group to:
               (1)  assist the commission with developing,
  implementing, or evaluating the program; and
               (2)  prepare a report on the results and outcomes of the
  grants awarded under this chapter.
         (b)  A member of a program work group established under this
  section is not entitled to compensation for serving on the program
  work group and may not be reimbursed for travel or other expenses
  incurred while conducting the business of the program work group.
         (c)  A program work group established under this section is
  not subject to Chapter 2110.
         Sec. 541.007.  REPORT TO GOVERNOR AND LEGISLATURE. Not
  later than December 1 of each even-numbered year, the commission
  shall submit a report to the governor and members of the legislature
  regarding the activities of the program and grant recipients,
  including the results and outcomes of grants awarded under this
  chapter.
         Sec. 541.008.  RULES. The executive commissioner may adopt
  rules necessary to implement this chapter.
         Sec. 541.009.  SPECIFIC APPROPRIATION REQUIRED. The
  commission may not spend state funds to accomplish the purposes of
  this chapter and is not required to award a grant under this chapter
  unless money is appropriated for the purposes of this chapter.
         SECTION 2.  Not later than December 1, 2017, the Health and
  Human Services Commission shall establish and implement the
  pediatric tele-connectivity resource program for rural Texas
  authorized by Chapter 541, Government Code, as added by this Act.
         SECTION 3.  Not later than December 1, 2018, the Health and
  Human Services Commission shall provide the initial report to the
  governor and the legislature as required by Section 541.007,
  Government Code, as added by this Act.
         SECTION 4.  If before implementing any provision of this Act
  a state agency determines that a waiver or authorization from a
  federal agency is necessary for implementation of that provision,
  the agency affected by the provision shall request the waiver or
  authorization and may delay implementing that provision until the
  waiver or authorization is granted.
         SECTION 5.  This Act takes effect September 1, 2017.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1697 was passed by the House on April
  6, 2017, by the following vote:  Yeas 140, Nays 5, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 1697 on May 19, 2017, by the following vote:  Yeas 141, Nays 1,
  1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 1697 was passed by the Senate, with
  amendments, on May 12, 2017, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor