Bill Text: HI SB2469 | 2016 | Regular Session | Introduced
Bill Title: Telehealth; Telemedicine; Health Insurance; Physicians
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2016-01-27 - Referred to CPH, JDL. [SB2469 Detail]
Download: Hawaii-2016-SB2469-Introduced.html
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THE SENATE |
S.B. NO. |
2469 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to telehealth.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 453-1.3, Hawaii Revised Statutes, is amended to read as follows:
"§453-1.3 Practice of telehealth. (a) Subject to section 453-2(b), nothing in this section shall preclude any physician acting within the scope of the physician's license to practice from practicing telehealth as defined in this section. Nothing in this section shall alter the scope of practice of any physician or authorize the delivery of services in a setting, or in a manner, not authorized by law.
(b) For the purposes of this section, "telehealth" means the use of telecommunications as that term is defined in section 269-1, including but not limited to real-time video conferencing-based communication, secure interactive and non-interactive web-based communication, and secure asynchronous information exchange, to transmit patient medical information, including diagnostic-quality digital images and laboratory results for medical interpretation and diagnosis, for the purposes of delivering enhanced health care services and information to parties separated by distance, establishing a physician-patient relationship, evaluating a patient, or treating a patient.
(c) Prior to the delivery of any services via telehealth, the health care provider at the originating site shall verbally inform the patient that telehealth may be used and obtain verbal consent from the patient for this use. The health care provider shall document the verbal consent in the patient's medical record.
[(c)] (d) Telehealth services
shall include a documented patient evaluation, including history and a
discussion of physical symptoms adequate to establish a diagnosis and to
identify underlying conditions or contraindications to the treatment
recommended or provided.
[(d)] (e) Treatment
recommendations made via telehealth, including issuing a prescription via electronic
means, shall be held to the same standards of appropriate practice as those in
traditional physician-patient settings that do not include a face-to-face visit
but in which prescribing is appropriate, including on-call telephone encounters
and encounters for which a follow-up visit is arranged. Issuing a prescription
based solely on an online questionnaire is not treatment for the purposes of
this section and does not constitute an acceptable standard of care. For the
purposes of prescribing a controlled substance, a physician-patient
relationship shall be established pursuant to chapter 329.
[(e)] (f) All medical reports
resulting from telehealth services are part of a patient's health record and
shall be made available to the patient. Patient medical records shall be
maintained in compliance with all applicable state and federal requirements
including privacy requirements.
[(f)] (g) A physician shall not
use telehealth to establish a physician-patient relationship with a patient in
this State without a license to practice medicine in Hawaii. Once a
provider-patient relationship is established, a patient or physician licensed
in this State may use telehealth for any purpose, including consultation with a
medical provider licensed in another state, authorized by this section or as
otherwise provided by law.
[(g)] (h) Reimbursement for
behavioral health services provided through telehealth shall be equivalent to
reimbursement for the same services provided via face-to-face contact between a
health care provider and a patient.
(i) No health insurance provider group, hospital, or medical service plan regulated under article 10A of chapter 431 or article 1 of chapter 432 shall:
(1) Require that in-person contact occur between a physician and a patient before the delivery of any services via telehealth; or
(2) Limit the type of setting where telehealth services are provided for the patient or by the health care provider."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Telehealth; Telemedicine; Health Insurance; Physicians
Description:
Requires patient approval prior to the delivery of any medical services through telehealth. Prohibits health insurance companies from limiting the setting where telehealth services are provided or requiring in-person contact between a patient and physician before the delivery of telehealth services.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
