SB 710 — Establishing pilot program to evaluate telemedicine health services

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Red = new code to be enacted WEST virginia legislature regular session IntroducedCommittee Substitute for Senate Bill 710 By Senators Azinger, Cline, Maroney, and RobertsRoberts, [Introducedoriginal Februarysponsors 5,[Originating 2020;in the Committee on Health and Human Resources;

referredreported on February 21, 2020]     A BILL to amend and reenact §30-3-13a of the CommitteeCode onof BankingWest andVirginia, Insurance;1931, as amended;

and then to the Committee on Health and Human Resources] A BILL to amend and reenact §30-3-13a of the Code of West Virginia, 1931, as amended;

establishing a pilot program for members of the Public Employees Insurance Agency;

providing for use of audioaudio-only only engagement in certain circumstances;

rule-making.rulemaking.

–— For the purposes of this section:

–— (1) The practice of medicine occurs where the patient is located at the time the telemedicine technologies are used.

(c) Physician-patient or Podiatrist-patientpodiatrist-patient relationship through telemedicine encounter.

–— (1) Except as provided in §30-3-13b of this code, a physician-patient or podiatrist-patient relationship may not be established through:

–— A physician or podiatrist using telemedicine technologies to practice medicine or podiatry shall:

–— The practice of medicine or podiatry provided via telemedicine technologies, including the establishment of a physician-patient or podiatrist-patient relationship and issuing a prescription via electronic means as part of a telemedicine encounter, are subject to the same standard of care, professional practice requirements, and scope of practice limitations as traditional in-person physician-patient or podiatrist-patient encounters.

–— The patient record established during the use of telemedicine technologies shall be accessible and documented for both the physician or podiatrist and the patient, consistent with the laws and legislative rules governing patient health care records.

–— (1) A physician or podiatrist who practices medicine to a patient solely through the utilization of telemedicine technologies may not prescribe to that patient any controlled substances listed in Schedule II of the Uniform Controlled Substances Act.

–— This article does not prohibit the use of audio-only or text-based communications by a physician or podiatrist who is:

–— The West Virginia Board of Medicine and West Virginia Board of Osteopathic Medicine may propose joint rules for legislative approval in accordance with §29A-3-1 et seq.,seq. of this code to implement standards for and limitations upon the utilization of telemedicine technologies in the practice of medicine and podiatry in this state.

of this code to implement standards for and limitations upon the utilization of telemedicine technologies in the practice of medicine and podiatry in this state.

–— Nothing in this section changes the rights, duties, privileges, responsibilitiesresponsibilities, and liabilities incident to the physician-patient or podiatrist-patient relationship, nor is it meant or intended to change in any way the personal character of the physician-patient or podiatrist-patient relationship.

Pilot program for members of the Public Employees Insurance Agency established.

(a) Notwithstanding any provision of this code to the contrary, a pilot program is established authorizingand physiciansto licensedbe pursuantadministered toby §30-3-1the etPublic seq.Employees Insurance Agency for the benefit of their members.

For purposes of this codepilot toprogram, usea audio-onlyphysician communicationslicensed pursuant to establish§30-3-1 theet physician-patientseq. relationship and render associated care while treating members of the Public Employees Insurance Agency.

of this code may use audio-only communications to render associated care while treating members of the Public Employees Insurance Agency.

(1) (1) The patient is a plan member of the Public Employees Insurance Agency;

and  (3) In the physician’s medical opinion, the audio-only technology meets the standard of care. care; (c) A physician who establishes a physician-patient relationship pursuant to this section shall not prescribe controlled substance medications listed in Schedules II through V of the Uniform Controlled Substances Act to the patient until such time as the physician has evaluated the patient in person or pursuant to §30-3-13a(c)(2)(A) of this code.

(d)(4) AThe physicianpatient establishing a physician-patient relationship by audio-only communication shall havevisit established a collaborative agreement with a primary care physician located within a12 50-milemonths radius of using the patient’stelemedicine primaryservice; residence.

 A(5) physicianIf prescribingthe patient fails to visit a primary care byphysician meanswithin of12 audio-onlymonths telemedicineof duringusing the establishingtelemedicine encounterservice, shallthen advise the patienttelemedicine toservice followwill upno withlonger thatbe primaryavailable careto physicianthe withinpatient 15until daysan ofin-person theprimary establishingcare audiovisit encounter.is obtained;

and (6) A patient can have no more than three consecutive telemedicine consultations without an in-person primary care visit.

(c) A physician who participates in the practice of telemedicine pursuant to the provisions of this section shall not prescribe controlled substance medications listed in Schedules II through V of the Uniform Controlled Substances Act to the patient until such time as the physician has evaluated the patient in person or pursuant to the provisions of §30-3-13a(c)(2)(A) of this code.

(d) A physician who participates in an audio-only communication shall have established a collaborative agreement with a primary care physician located within a 50-mile radius of the patient’s primary residence.

 A physician prescribing care by means of audio-only telemedicine during the encounter shall advise the patient to follow up with that primary care physician within 15 days of the establishing audio-only encounter.

and (4) Any other information the physician deems necessary in his or her medical opinion. opinion; (f) An independent audit shall be conducted after the first year of the two-year pilot program.

and (5) The auditinformation collected in this subsection shall evaluatebe transmitted to the efficacy,patient’s accessprimary tocare care,physician standardor ofthe care,physician andwith financialwhom feasibilitythe physician has entered into a collaborative relationship within five business days of the establishmenttelemedicine ofconsult.  (f) An independent audit shall be conducted by a physician-patientmedical relationshipschool throughor university located in the usestate after the first year of audiothe onlytwo-year telemedicinepilot technologies.program.

The Public Employees Insurance Agency shall select the school to conduct the audit and the telemedicine vendor shall pay any costs associated with the audit.

The vendor shall receive credit, up to the cost of the audit, for cost savings identified as a result of the audit.

The audit shall evaluate the efficacy, access to care, standard of care, patient outcomes, utilization trends, and financial feasibility of the pilot program.

(h) The use of secure telephonic communication or similar secure real-time, audio-only communication, if the patient is insured through the Public Employees Insurance Agency, is hereby authorized at the discretion of the physician.

–— For the purposes of this section:

–— (1) The practice of medicine occurs where the patient is located at the time the telemedicine technologies are used.

–— (1) Except as provided in §30-14-12e of this code, a physician-patient relationship may not be established through: