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