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.
   22  Be It Enacted by the Legislature of the State of Florida:
   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.