HB2024 HFA Summers 3-23 #1

CR 3338                      


Delegate Summers moved to amend the amendment on page 2, section 7b, line 38, after the word, "patient" by inserting a comma;

 And,

            On page 3, section 28, line 6, after the word, "patient" by inserting a comma;

And,

            On page 4, section 26, line 2, by inserting the following, "'Established patient' means a patient who has received professional services, face-to-face, from the physician, qualified health care professional, or another physician or qualified health care professional of the exact same specialty and subspecialty who belongs to the same group practice, within the past three years."

And,

On page 4, section 26, line 2, by striking the definition of "health care practitioner" and inserting a new definition as follows:, "Health care practitioner" means a person authorized to practice under §30-3-1 et seq., §30-3E-1 et seq., §30-4-1 et seq., §30-5-1 et seq., §30-7-1 et seq., §30-7A-1 et seq., §30-8-1 et seq., §30-10-1 et seq., §30-14-1 et seq., §30-16,1 et seq., §30-20-1 et seq., §30-20A-1 et seq., §30-21-1 et seq., §30-23-1 et seq., §30-26-1 et seq., §30-28-1 et seq., §30-30-1 et seq., §30-31-1 et seq., §30-32-1 et seq., §30-34-1 et seq., §30-35-1 et seq., §30-36-1 et seq., §30-37-1 et seq. and any other person licensed under this chapter that provides health care services"

            On page 4, section 26, line 16, by striking the word, "already";

And,

            On page 4 section 26, line 21, by striking "telehealth technologies are used" and inserting the words, "telehealth services are provided;"

And,

            On page 5, section 26, line 24, by striking subdivision (A) and inserting in lieu thereof a new subdivision (A) to read as follows, "(A) Licensed in good standing in all states in which he or she is licensed and not currently under investigation or subject to an administrative complaint; and";

            On page 5, section 26, line 33, by striking subdivision (4) in its entirety and inserting in lieu thereof a new subdivision (4) to read as follows, "(4) The standard of care for the provision of telehealth services.  The standard of care shall require that with respect to the established patient, the patient shall visit an in-person health care practitioner within 12 months of using the initial telemedicine service or the telemedicine service shall no longer be available to the patient until an in-person visit is obtained.  This requirement may be suspended, in the discretion of the health care practitioner, on a case-by-case basis, and it does not to the following services: acute inpatient care, post-operative follow-up checks, behavioral medicine, addiction medicine, or palliative care.";

And,

On page 5, section 26, line 41, by striking, "existing physician-patient relationship of at least one year." and inserting, "established patient.";

And,

On page 6, section 26, line 51, by striking, "accepting a registration" and inserting, "registering";

And,

On page 10, section 13a, line 95, by striking, "existing physician-patient relationship of at least one year." and inserting, "established patient.";

And,

On page 10, section 13a, line 112, by striking, "existing physician-patient relationship of at least one year." and inserting, "established patient.";

And,

On page 15, section 12d, line 93, by striking, "existing physician-patient relationship of at least one year." and inserting, "established patient.";

And,

On page 15, section 13a, line 111, by striking, "existing physician-patient relationship of at least one year." and inserting, "established patient.";

And,

On page 19, section 1, line 45, after the word, patient by inserting a comma.

And,

To amend the title by inserting a new title to read as follows:

"Eng. Com. Sub. for House Bill 2024—A Bill to amend and reenact §5-16-7b of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §9-5-28; to amend and reenact §30-1-26 of said code; to amend and reenact §30-3-13a of said code; to amend and reenact §30-14-12d of said code;  and to amend and reenact §33-57-1 of said code, all relating to telehealth; defining terms; establishing reimbursement for telehealth services at a negotiated rate for virtual telehealth encounters; establishing reimbursement for a telehealth service on the same basis and at the same rate as if the service is provided in-person for established patients or for care rendered on a consulting basis to a patient located in an acute care facility; establishing a registration; permitting health care practitioners licensed in other states to practice in West Virginia using telehealth services; providing emergency rule-making authority; setting forth requirements for registration; permitting a fee for registration; establishing that a registrant is subject to this jurisdiction; placing a cap on the fee; providing for when the physician-patient relationship is established; providing for how a physician-patient relationship is established; removing restrictions on prescriptive authority; providing exceptions to prescriptive authority; adding criteria to the standard of care related to telehealth services; providing exceptions; and providing for effective date.


 

Adopted

Rejected