HBA-CBW S.B. 1041 77(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1041 By: Ellis, Rodney Public Health 5/14/2001 Engrossed BACKGROUND AND PURPOSE Some seriously ill and disabled children must travel to receive the necessary expert medical care and consultation. Such travel is a burden to many parents and it may also take a health toll on the children. Senate Bill 1041 provides for the reimbursement of telemedicine services provided to such children through Medicaid, CHIP, and the services program for children with special health care needs. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Department of Health in SECTION 1 (Section 35.0041, Health and Safety Code) and the Health and Human Services Commission in SECTION 3 (Section 531.02161, Government Code) of this bill. ANALYSIS Senate Bill 1041 amends the Health and Safety Code to provide that a state child health plan (CHIP) provider, in providing covered benefits to a child with special health care needs, must permit benefits to be provided through telemedicine in accordance with policies developed by the Health and Human Services Commission (HHSC) and sets forth the services for which the policies must provide reimbursement. The bill requires the Texas Department of Health (TDH) by rule to develop and implement policies permitting reimbursement of a provider for services under the services program for children with special health care needs performed using telemedicine. The bill sets forth the services for which the policies must provide reimbursement. In developing and implementing the policies, as appropriate, the bill requires TDH and HHSC to consult with each other and with: _The University of Texas Medical Branch at Galveston; _Texas Tech University Health Sciences Center; _providers of telemedicine hub sites in this state; _providers of services to children with special health care needs; and _representatives of consumer or disability groups affected by changes to services for children with special health care needs. S.B. 1041 amends the Government Code to require HHSC to by rule establish policies that permit reimbursement under the state Medicaid program for services provided through telemedicine to children with special health care needs. The bill sets forth what the policies must be designed to do and the services for which the policies must provide reimbursement. The bill requires HHSC and TDH to develop and implement policies not later than December 31, 2001. EFFECTIVE DATE September 1, 2001.