87R1926 KFF-D     By: Thierry H.B. No. 1990       A BILL TO BE ENTITLED   AN ACT   relating to the provision and delivery of certain health, mental   health, and educational services in this state, including the   delivery of those services using telecommunications or information   technology.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter B, Chapter 531, Government Code, is   amended by adding Section 531.02161 to read as follows:          Sec. 531.02161.  SERVICE COORDINATION USING   TELECOMMUNICATIONS OR INFORMATION TECHNOLOGY. (a) In this section,   "service coordination" includes:                (1)  development and maintenance of a plan of care,   including an individual service plan, that meets the needs of a   Medicaid recipient or child health plan program enrollee;                (2)  coordination, including with providers, to assist   the recipient or enrollee in accessing Medicaid or child health   plan program benefits, including benefits under a Section 1915(c)   waiver program;                (3)  coordination, including with providers as   appropriate, to assist the recipient or enrollee in accessing   services provided by other community entities or service providers,   including nonmedical providers;                 (4)  transition planning to assist the recipient in   preparing for changes in life circumstances and in available health   care services to ease the recipient's shift into adulthood; and                (5)  with respect to the STAR Health program,   assistance provided to the caregiver of the recipient to help the   caregiver manage information, including information needed for   court hearings.          (b)  The commission shall ensure that, to the extent   appropriate, a Medicaid recipient or child health plan program   enrollee who is eligible to receive service coordination benefits,   including a recipient or enrollee receiving program benefits   through a managed care delivery model, has the option to receive   delivery of those benefits as a telehealth service or otherwise   using telecommunications or information technology.          (c)  The executive commissioner shall adopt rules necessary   to implement this section, including rules governing when the   delivery of service coordination benefits using telecommunications   or information technology is appropriate.   SECTION 2.  Section 1455.001(1), Insurance Code, is amended   to read as follows:                (1)  "Health professional" means:                      (A)  a physician;                      (B)  an individual who is:                            (i)  licensed or certified in this state to   perform health care services; and                            (ii)  authorized to assist a physician in   providing telemedicine medical services that are delegated and   supervised by the physician; [or]                      (C)  a licensed or certified health professional,   including a mental health professional, acting within the scope of   the license or certification who does not perform a telemedicine   medical service; or                      (D)  an individual who is credentialed to provide   qualified mental health professional community services, has   demonstrated and documented competency in the work to be performed,   and:                            (i)  holds a bachelor's or more advanced   degree from an accredited institution of higher education with a   minimum number of hours that is equivalent to a major in psychology,   social work, medicine, nursing, rehabilitation, counseling,   sociology, human growth and development, physician assistant   studies, gerontology, special education, educational psychology,   early childhood education, or early childhood intervention;                            (ii)  is a registered nurse; or                            (iii)  completes an alternative   credentialing process identified by the Department of State Health   Services.          SECTION 3.  Chapter 1455, Insurance Code, is amended by   adding Sections 1455.007 and 1455.008 to read as follows:          Sec. 1455.007.  REIMBURSEMENT AND PAYMENT. (a)  A health   benefit plan issuer must reimburse a preferred or contracted health   professional for providing a covered health care service or   procedure to a covered patient as a telemedicine medical service or   telehealth service on the same basis and at least at the same rate   that the issuer provides reimbursement to that health professional   for the service or procedure in an in-person setting.          (b)  Notwithstanding Subsection (a), a health benefit plan   issuer is not required to pay more than the billed charge on a claim   for payment by a preferred or contracted health professional.          (c)  For purposes of processing payment of a claim, a health   benefit plan issuer may not require a preferred or contracted   health professional to provide documentation of a covered health   care service or procedure delivered by the health professional to a   covered patient as a telemedicine medical service or telehealth   service beyond that which is required for the service or procedure   in an in-person setting.          Sec. 1455.008.  WAIVER PROHIBITED. The provisions of this   chapter may not be waived, voided, or nullified by contract.   SECTION 4.  Section 401.2022, Occupations Code, is amended   by adding Subsection (c) to read as follows:          (c)  Notwithstanding any other law, in adopting a rule under   this section, the commission:                (1)  shall authorize:                      (A)  a license holder, including a licensed intern   or licensed assistant, to provide services by telepractice through   the use of any interactive audiovisual communication system,   whether real-time or two-way, including a smartphone; and                      (B)  any supervision requirement for an applicant   under this chapter to be fulfilled wholly or partly by use of   telecommunications technology; and                (2)  may not:                      (A)  require a license holder's initial   professional contact with a client to be in-person; or                      (B)  impose any limitation on a license holder's   selection of a facilitator to assist the license holder in   providing services by telepractice.          SECTION 5.  Section 402.1023, Occupations Code, is amended   by adding Subsection (c) to read as follows:          (c)  Notwithstanding any other law, in adopting a rule under   this section, the commission:                (1)  shall authorize a license holder to provide   services by telepractice through the use of any interactive   audiovisual communication system, whether real-time or two-way,   including a smartphone; and                (2)  may not:                      (A)  require a license holder's initial   professional contact with a client to be in-person; or                      (B)  impose any limitation on a license holder's   selection of a facilitator to assist the license holder in   providing services by telepractice.          SECTION 6.  Section 402.255(a), Occupations Code, is amended   to read as follows:          (a)  A supervisor of a temporary training permit holder must:                (1)  be licensed to fit and dispense hearing   instruments under this chapter or Chapter 401, other than Section   401.311 or 401.312; and                (2)  [currently practice in an established place of   business; and                [(3)]  be responsible for the direct supervision and   education of a temporary training permit holder.          SECTION 7.  Section 403.151, Occupations Code, is amended by   adding Subsection (a-1) to read as follows:          (a-1)  Notwithstanding Subsection (a), a licensed dyslexia   practitioner may practice outside of an educational setting to the   extent necessary to provide a service that would otherwise be   provided in an educational setting that is not reasonably   accessible to the licensed dyslexia practitioner or client.          SECTION 8.  Subchapter D, Chapter 403, Occupations Code, is   amended by adding Section 403.153 to read as follows:          Sec. 403.153.  USE OF TELECOMMUNICATIONS TECHNOLOGY.   Notwithstanding any other law, a license holder may provide a   service solely through the use of an interactive audiovisual   communication system, whether real-time or two-way, including a   smartphone.          SECTION 9.  Section 506.003, Occupations Code, is amended by   adding Subsection (c-1) to read as follows:          (c-1)  Notwithstanding Subsection (c)(1), applied behavior   analysis interventions may be based on observation and measurement   of behavior and environment through the use of telecommunications   technology if approved by the certifying entity.          SECTION 10.  Section 506.055, Occupations Code, is amended   to read as follows:          Sec. 506.055.  STUDENTS, INTERNS, AND FELLOWS. (a) This   chapter does not apply to an applied behavior analysis activity or   service of a college or university student, intern, or fellow if:                (1)  the activity or service is part of a defined   behavior analysis program of study, course, practicum, internship,   or postdoctoral fellowship;                (2)  the activity or service is directly supervised by   a licensed behavior analyst or an instructor in a course sequence   approved by the certifying entity; and                (3)  the person is designated as a "student," "intern,"   "fellow," or "trainee."          (b)  Notwithstanding Subsection (a)(2), a licensed behavior   analyst or an instructor may supervise a behavior analysis activity   or service through the use of telecommunications technology if   approved by the applicable college or university and the certifying   entity.          SECTION 11.  Section 554.005, Occupations Code, is amended   by adding Subsection (d) to read as follows:          (d)  In implementing Subsection (a)(3)(C)(iv), the board may   not require the in-person counseling of patients.          SECTION 12.  Chapter 1455, Insurance Code, as amended by   this Act, applies only to a health benefit plan delivered, issued   for delivery, or renewed on or after January 1, 2022. A health   benefit plan delivered, issued for delivery, or renewed before   January 1, 2022, is governed by the law as it existed immediately   before the effective date of this Act, and that law is continued in   effect for that purpose.          SECTION 13.  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 14.  This Act takes effect September 1, 2021.