HOUSE CONCURRENT RESOLUTION 118

(By Delegates Nelson, Westfall, and Ellington)

[Introduced March 9, 2018]

Requesting the Joint Committee on Finance to study the fiscal effects of the discretionary use of a video link between a physician and a patient during telemedicine calls regarding non-emergent acute illnesses.

Whereas, It is believed that there may be many West Virginians who experience a non-emergent acute illness, including but not limited to allergies, respiratory infections, bronchitis, colds, ear infections, gastroenteritis, and urinary tract infections; and

Whereas, It is believed that many West Virginians may be elderly, disabled, homebound, at work, live far from the nearest primary care physician, do not have immediate access to transportation, and/or in other circumstances which may render it difficult or otherwise inconvenient for them to visit a primary care physician for treatment of such illness; and

Whereas, It is believed that such West Virginians may benefit from the expanded use of telemedicine to allow them to more conveniently obtain treatment for such illness; and

Whereas, Costs to such West Virginians and costs to the State may be significantly reduced through expanded use of telemedicine to obtain treatment for such illness; and

Whereas, W.Va. Code § 30-3-13a currently imposes certain video link requirements on the practice of telemedicine; and

Whereas, It is unknown whether such video link is always necessary to meet the standard of care and whether having no video link may be appropriate for a particular patient presentation in the practice of telemedicine; and

Whereas, It may be beneficial for physicians practicing telemedicine to be given the discretion as to whether a video link must be used to meet the standard of care and appropriate for a particular patient presentation; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Finance is requested to study the fiscal effects of the discretionary use of a video link between a physician and patient in telemedicine calls regarding non-emergent acute illnesses.

Further Resolved, That the Joint Committee on Finance report to the regular session of the Legislature, 2019, on its findings, conclusions, and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

Further Resolved, That the expenses necessary to conduct this study, to prepare a report, and to draft necessary legislation, be paid from legislative appropriations to the Joint Committee on Finance.