Florida Senate - 2016                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 7087, 1st Eng.
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/AD/3R         .        Floor: SENAT/CA         
             03/03/2016 05:37 PM       .      03/09/2016 03:09 PM       

       Senator Bean moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 408.61, Florida Statutes, is created to
    6  read:
    7         408.61 Telehealth Task Force.—
    8         (1) The Telehealth Task Force is created within the agency.
    9  The agency shall use existing and available resources to
   10  administer and support the activities of the task force under
   11  this section.
   12         (2) Members of the task force shall serve without
   13  compensation and are not entitled to reimbursement for per diem
   14  or travel expenses. The task force shall consist of the
   15  following 21 members:
   16         (a) The Secretary of Health Care Administration or his or
   17  her designee, who shall serve as the chair of the task force.
   18         (b) The State Surgeon General or his or her designee.
   19         (c) Three representatives of hospitals or facilities
   20  licensed under chapter 395; three representatives of health
   21  insurers that offer coverage of telehealth services; two
   22  representatives of organizations that represent health care
   23  facilities; two representatives of long-term care services, one
   24  from a nursing home and one from a home health agency or
   25  community-based health services setting; and two representatives
   26  of entities that create or sell telehealth products, all
   27  appointed by the Secretary of Health Care Administration.
   28         (d) Five health care practitioners, each of whom practices
   29  in a different area of medicine, and two representatives of
   30  organizations that represent health care practitioners, all
   31  appointed by the State Surgeon General.
   32         (3) The task force shall compile and analyze data and
   33  information on the following:
   34         (a) The frequency and extent of the use of telehealth
   35  technology and equipment by health care practitioners and health
   36  care facilities nationally and in this state.
   37         (b) The costs and cost savings associated with using
   38  telehealth technology and equipment.
   39         (c) The types of telehealth services available.
   40         (d) The extent of available health insurance coverage for
   41  telehealth services. The task force shall conduct a comparative
   42  analysis of such coverage to available coverage for in-person
   43  services. The analysis must include:
   44         1. Covered medical or other health care services.
   45         2. A description of payment rates for telehealth services
   46  and whether they are below, equal to, or above payment rates for
   47  in-person services.
   48         3. Annual and lifetime dollar maximums on coverage for
   49  telehealth and in-person services.
   50         4. Copayment, coinsurance, and deductible amounts; policy
   51  year, calendar year, lifetime, or other durational benefit
   52  limitations; and maximum benefits for telehealth and in-person
   53  services.
   54         5. Any unique conditions imposed as a prerequisite to
   55  obtaining coverage for telehealth services.
   56         (e) Barriers to implementing, using, or accessing
   57  telehealth services.
   58         (f) Consideration of opportunities for interstate
   59  cooperation in telehealth.
   60         (4) The task force shall convene its first meeting by
   61  September 1, 2016, and shall meet as often as necessary to
   62  fulfill its responsibilities under this section. Meetings may be
   63  conducted in person, by teleconference, or by other electronic
   64  means.
   65         (5) The task force shall submit a report by June 30, 2017,
   66  to the Governor, the President of the Senate, and the Speaker of
   67  the House of Representatives which includes its findings,
   68  conclusions, and recommendations.
   69         (6) This section is repealed effective December 1, 2017.
   70         Section 2. Section 456.51, Florida Statutes, is created to
   71  read:
   72         456.51 Telehealth.—
   73         (1) A health care practitioner, a behavior analyst
   74  certified under s. 393.17, a person certified under part III of
   75  chapter 401, or a person certified under part IV or V of chapter
   76  468 who is practicing within the scope of his or her license or
   77  certification may provide telehealth services. A practitioner or
   78  person who is not a physician, but who provides telehealth
   79  services within the scope of his or her license or
   80  certification, may not be considered to be practicing medicine
   81  without a license.
   82         (2) As used in this section, the term “telehealth” means
   83  the use of synchronous or asynchronous telecommunications
   84  technology by a health care practitioner, a behavior analyst
   85  certified under s. 393.17, a person certified under part III of
   86  chapter 401, or a person certified under part IV or V of chapter
   87  468 to provide medical or other health care services, including,
   88  but not limited to, patient assessment, diagnosis, consultation,
   89  treatment, or remote monitoring; the transfer of medical or
   90  health data; patient and professional health-related education;
   91  the delivery of public health services; and health care
   92  administration functions.
   93         Section 3. Subsection (1) of section 636.202, Florida
   94  Statutes, is amended to read:
   95         636.202 Definitions.—As used in this part, the term:
   96         (1) “Discount medical plan” means a business arrangement or
   97  contract in which a person, in exchange for fees, dues, charges,
   98  or other consideration, provides access for plan members to
   99  providers of medical services and the right to receive medical
  100  services from those providers at a discount. The term “discount
  101  medical plan” does not include any product regulated under
  102  chapter 627, chapter 641, or part I of this chapter, or any
  103  telehealth product defined under s. 456.51, F.S.
  104         Section 4. This act shall take effect July 1, 2016.
  106  ================= T I T L E  A M E N D M E N T ================
  107  And the title is amended as follows:
  108         Delete everything before the enacting clause
  109  and insert:
  110                        A bill to be entitled                      
  111         An act relating to telehealth; creating s. 408.61,
  112         F.S.; creating the Telehealth Task Force within the
  113         Agency for Health Care Administration; requiring the
  114         agency to use existing and available resources to
  115         administer and support the task force; providing for
  116         the membership of the task force; requiring the task
  117         force to compile and analyze certain data and to
  118         conduct a comparative analysis of health insurance
  119         coverage available for telehealth services and for in
  120         person treatment; providing meeting requirements;
  121         requiring the task force to submit a report to the
  122         Governor and Legislature by a certain date; providing
  123         for the repeal of the section; creating s. 456.51,
  124         F.S.; authorizing certain licensed or certified health
  125         care professionals to provide telehealth services;
  126         defining the term “telehealth”; amending s. 636.202,
  127         F.S.; excluding telehealth products from the
  128         definition of “discount medical plan”; providing an
  129         effective date.