Florida Senate - 2016 CS for SB 1686 By the Committee on Health Policy; and Senators Bean and Joyner 588-02606-16 20161686c1 1 A bill to be entitled 2 An act relating to telehealth; creating s. 408.61, 3 F.S.; creating the Telehealth Task Force within the 4 Agency for Health Care Administration; requiring the 5 agency to use existing and available resources to 6 administer and support the task force; providing for 7 the membership of the task force; requiring the task 8 force to compile and analyze certain data and to 9 conduct a comparative analysis of health insurance 10 coverage available for telehealth services and for in 11 person treatment; providing meeting requirements; 12 requiring the task force to submit a report to the 13 Governor and Legislature by a certain date; providing 14 for the repeal of the section; creating s. 456.51, 15 F.S.; authorizing certain licensed or certified health 16 care professionals to provide telehealth services; 17 defining the term “telehealth”; amending s. 636.202, 18 F.S.; excluding telehealth products from the 19 definition of “discount medical plan”; providing an 20 effective date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1. Section 408.61, Florida Statutes, is created to 25 read: 26 408.61 Telehealth Task Force.— 27 (1) The Telehealth Task Force is created within the agency. 28 The agency shall use existing and available resources to 29 administer and support the activities of the task force under 30 this section. 31 (2) Members of the task force shall serve without 32 compensation and are not entitled to reimbursement for per diem 33 or travel expenses. The task force shall consist of the 34 following 19 members: 35 (a) The Secretary of Health Care Administration or his or 36 her designee, who shall serve as the chair of the task force. 37 (b) The State Surgeon General or his or her designee. 38 (c) Three representatives of hospitals or facilities 39 licensed under chapter 395, three representatives of health 40 insurers that offer coverage of telehealth services, two 41 representatives of organizations that represent health care 42 facilities, and two representatives of entities that create or 43 sell telehealth products, all appointed by the Secretary of 44 Health Care Administration. 45 (d) Five health care practitioners, each of whom practices 46 in a different area of medicine, and two representatives of 47 organizations that represent health care practitioners, all 48 appointed by the State Surgeon General. 49 (3) The task force shall compile and analyze data and 50 information on the following: 51 (a) The frequency and extent of the use of telehealth 52 technology and equipment by health care practitioners and health 53 care facilities nationally and in this state. 54 (b) The costs and cost savings associated with using 55 telehealth technology and equipment. 56 (c) The types of telehealth services available. 57 (d) The extent of available health insurance coverage for 58 telehealth services. The task force shall conduct a comparative 59 analysis of such coverage to available coverage for in-person 60 services. The analysis must include: 61 1. Covered medical or other health care services. 62 2. A description of payment rates for such telehealth 63 services and whether they are below, equal to, or above payment 64 rates for in-person services. 65 3. Annual and lifetime dollar maximums on coverage for 66 telehealth and in-person services. 67 4. Copayment, coinsurance, and deductible amounts; policy 68 year, calendar year, lifetime, or other durational benefit 69 limitations; and maximum benefits for telehealth and in-person 70 services. 71 5. Any unique conditions imposed as a prerequisite to 72 obtaining coverage for telehealth services. 73 (e) Barriers to implementing the use of, using, or 74 accessing telehealth services. 75 (f) Consideration of opportunities for interstate 76 cooperation in telehealth. 77 (4) The task force shall convene its first meeting by 78 September 1, 2016, and shall meet as often as necessary to 79 fulfill its responsibilities under this section. Meetings may be 80 conducted in person, by teleconference, or by other electronic 81 means. 82 (5) The task force shall submit a report by June 30, 2017, 83 to the Governor, the President of the Senate, and the Speaker of 84 the House of Representatives which includes its findings, 85 conclusions, and recommendations. 86 (6) This section is repealed effective December 1, 2017. 87 Section 2. Section 456.51, Florida Statutes, is created to 88 read: 89 456.51 Telehealth.— 90 (1) A health care practitioner, a person certified under 91 part III of chapter 401, or a person certified under part IV of 92 chapter 468 who is practicing within the scope of his or her 93 license or certification may provide telehealth services. A 94 practitioner or person who is not a physician, but who provides 95 telehealth services within the scope of his or her license or 96 certification, may not be considered to be practicing medicine 97 without a license. 98 (2) As used in this section, the term “telehealth” means 99 the use of synchronous or asynchronous telecommunications 100 technology by a health care practitioner, a person certified 101 under part III of chapter 401, or a person certified under part 102 IV or V of chapter 468 to provide medical or other health care 103 services, including, but not limited to, patient assessment, 104 diagnosis, consultation, treatment, or remote monitoring; the 105 transfer of medical or health data; patient and professional 106 health-related education; the delivery of public health 107 services; and health care administration functions. 108 Section 3. Subsection (1) of section 636.202, Florida 109 Statutes, is amended to read: 110 636.202 Definitions.—As used in this part, the term: 111 (1) “Discount medical plan” means a business arrangement or 112 contract in which a person, in exchange for fees, dues, charges, 113 or other consideration, provides access for plan members to 114 providers of medical services and the right to receive medical 115 services from those providers at a discount. The term “discount 116 medical plan” does not include any product regulated under 117 chapter 627, chapter 641, or part I of this chapter, or any 118 telehealth product defined under s. 456.51, F.S. 119 Section 4. This act shall take effect July 1, 2016.