Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
                                           Act 829 of the Regular Session
 State of ArkansasAs   Engrossed:   H1/25/21 H2/8/21 H2/10/21 S3/9/21 S3/17/21 S4/6/21 S4/12/21
 93rd General Assembly                         A Bill
 Regular Session, 2021                                                             HOUSE BILL 1063
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 By: Representatives Dotson, Pilkington
 By: Senator Hester
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                                     For An Act To Be Entitled
                AN ACT TO AMEND THE TELEMEDICINE ACT; TO AUTHORIZE
                ADDITIONAL REIMBURSEMENT FOR TELEMEDICINE VIA
                TELEPHONE; TO DECLARE AN EMERGENCY; AND FOR OTHER
                PURPOSES.
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                                                Subtitle
                         TO AMEND THE TELEMEDICINE ACT; TO
                         AUTHORIZE ADDITIONAL REIMBURSEMENT FOR
                         TELEMEDICINE VIA TELEPHONE; AND TO
                         DECLARE AN EMERGENCY.
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 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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         SECTION 1.       Arkansas Code  17-80-402(4), concerning the definition of
 a "professional relationship" as used under the Telemedicine Act, is amended
 to read as follows:
                (4)      Professional relationship means at a minimum a
 relationship established between a healthcare professional and a patient
 when:
                          (A)   The healthcare professional has previously conducted
 an in-person examination of the patient and is available to provide
 appropriate follow-up care, when necessary, at medically necessary intervals;
                          (B)   The healthcare professional personally knows the
 patient and the patient's relevant health status through an ongoing personal
 or professional relationship and is available to provide appropriate follow-
 up care, when necessary, at medically necessary intervals;
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     S4/12/21                                                                         HB1063
                      (C)   The treatment is provided by a healthcare professional
 in consultation with, or upon referral by, another healthcare professional
 who has an ongoing professional relationship with the patient and who has
 agreed to supervise the patient's treatment, including follow-up care;
                      (D)   An on-call or cross-coverage arrangement exists with
 the patient's regular treating healthcare professional or another healthcare
 professional who has established a professional relationship with the
 patient;
                      (E)   A relationship exists in other circumstances as
 defined by rule of the Arkansas State Medical Board for healthcare
 professionals under its jurisdiction and their patients; or
                      (F)   A relationship exists in other circumstances as
 defined by rule of a licensing or certification board for other healthcare
 professionals under the jurisdiction of the appropriate board and their
 patients if the rules are no less restrictive than the rules of the Arkansas
 State Medical Board; or
                      (G)(i)     The healthcare professional who is licensed in
 Arkansas has access to a patients personal health record maintained by a
 healthcare professional and uses any technology deemed appropriate by the
 healthcare professional, including the telephone, with a patient located in
 Arkansas to diagnose, treat, and if clinically appropriate, prescribe a
 noncontrolled drug to the patient.
                               (ii)   For purposes of this subchapter, a health
 record may be created with the use of telemedicine and consists of relevant
 clinical information required to treat a patient, and is reviewed by the
 healthcare professional who meets the same standard of care for a
 telemedicine visit as an in-person visit;
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       SECTION 2.     Arkansas Code  17-80-403(c), concerning the establishment
 of a professional relationship, is amended to read as follows:
       (c)    Professional relationship does not include a relationship
 between a healthcare professional and a patient established only by the
 following:
              (1)    An internet questionnaire;
              (2)    An email message;
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     S4/12/21                                                                       HB1063
            (3)     Patient-generated medical history;
            (4)     Audio-only communication, including without limitation
 interactive audio;
            (5)     Text messaging;
            (6)(5)     A facsimile machine; or
            (7)(6)     Any combination thereof of means listed in subdivisions
 (c)(1)-(5) of this section.
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       SECTION 3.    Arkansas Code  23-79-1601(2)(C), concerning the definition
 of "health benefit plan", is amended to read as follows:
                     (C)   Health benefit plan does not include:
                            (i)     Disability income plans;
                            (ii)     Credit insurance plans;
                            (iii)    Insurance coverage issued as a supplement to
 liability insurance;
                            (iv)     Medical payments under automobile or homeowners
 insurance plans;
                            (v)     Health benefit plans provided under Arkansas
 Constitution, Article 5,  32, the Workers' Compensation Law,  11-9-101 et
 seq., or the Public Employee Workers' Compensation Act,  21-5-601 et seq.;
                            (vi)     Plans that provide only indemnity for hospital
 confinement;
                            (vii)    Accident-only plans;
                            (viii)     Specified disease plans; or
                            (ix)     Long-term-care-only plans; or
                            (x)     Stand-alone dental or vision benefit plans;
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       SECTION 4.    Arkansas Code  23-79-1601(7), concerning the definition of
 "telemedicine", is amended to read as follows:
            (7)(A)     Telemedicine means the use of electronic information
 and communication technology to deliver healthcare services, including
 without limitation the assessment, diagnosis, consultation, treatment,
 education, care management, and self-management of a patient.
                     (B)   Telemedicine includes store-and-forward technology
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 and remote patient monitoring.
                     (C)   For the purposes of this subchapter, telemedicine
 does not include the use of:
                            (i)(a)     Audio-only communication, including without
 limitation interactive audio unless the audio-only communication is real-
 time, interactive, and substantially meets the requirements for a healthcare
 service that would otherwise be covered by the health benefit plan.
                                     (b)   As with other medical services covered by
 a health benefit plan, documentation of the engagement between patient and
 provider via audio-only communication shall be placed in the medical record
 addressing the problem, content of conversation, medical decision-making, and
 plan of care after the contact.
                                     (c)   The documentation described in subdivision
 (7)(C)(i)(b) of this section is subject to the same audit and review process
 required by payers and governmental agencies when requesting documentation of
 other care delivery such as in-office or face-to-face visits;
                            (ii)     A facsimile machine;
                            (iii)     Text messaging; or
                            (iv)     Electronic mail systems Email.
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       SECTION 5.    Arkansas Code  23-79-1602(e), concerning prohibitions on
 the coverage for telemedicine services, is amended to read as follows:
       (e)   A health benefit plan shall not impose on coverage for healthcare
 services provided through telemedicine:
             (1)    An annual or lifetime dollar maximum on coverage for
 services provided through telemedicine other than an annual or lifetime
 dollar maximum that applies to the aggregate of all items and services
 covered;
             (2)    A deductible, copayment, coinsurance, benefit limitation, or
 maximum benefit that is not equally imposed upon all healthcare services
 covered under the health benefit plan; or
             (3)    A prior authorization requirement for services provided
 through telemedicine that exceeds the prior authorization requirement for in-
 person healthcare services under the health benefit plan;
             (4)    A requirement for a covered person to choose any commercial
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 telemedicine service provider or a restricted network of telemedicine-only
 providers rather than the covered person's regular doctor or provider of
 choice; or
              (5)    A copayment, coinsurance, or deductible that is not equally
 imposed upon commercial telemedicine providers as those imposed on network
 providers.
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       SECTION 6.     EMERGENCY CLAUSE.       It is found and determined by the
 General Assembly of the State of Arkansas that due to the coronavirus 2019
 (COVID-19) pandemic, the Governor removed barriers to the use of telemedicine
 in an attempt to combat the coronavirus 2019 (COVID-19) pandemic; that these
 emergency actions will expire when the emergency proclamation expires, which
 could occur quickly; that on February 26, 2021, the Governor announced that
 the public health emergency was extended but that the Governor was going to
 lift some regulations related to the pandemic; that removing barriers to the
 use of telemedicine ensured that the citizens of Arkansas had the services
 that they needed, and removing these emergency proclamations regarding
 telemedicine would greatly disadvantage and harm the citizens of Arkansas who
 are utilizing telemedicine for healthcare services; that this bill maintains
 the policy changes allowed under the emergency proclamation, which would
 allow the citizens of Arkansas greater access to the use of telemedicine for
 healthcare services; and that this act is immediately necessary to ensure
 that the citizens of Arkansas have access to healthcare services provided via
 telemedicine. Therefore, an emergency is declared to exist, and this act
 being immediately necessary for the preservation of the public peace, health,
 and safety shall become effective on:
              (1)    The date of its approval by the Governor;
              (2)    If the bill is neither approved nor vetoed by the Governor,
 the expiration of the period of time during which the Governor may veto the
 bill; or
              (3)    If the bill is vetoed by the Governor and the veto is
 overridden, the date the last house overrides the veto.
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                                     /s/Pilkington
                                   APPROVED: 4/21/21
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Statutes affected: 
Old version HB1063 Original - 12-31-2020 01:49 PM: 17-80-402(4), 17-80-403(c), 17-80-404, 23-79-1601(7), 23-79-1601, 23-79-1602(h)
Old version HB1063 V2 - 1-25-2021 09:39 AM: 17-80-402(4), 17-80-403(c), 17-80-404, 23-79-1601(2), 23-79-1601(7), 23-79-1601, 23-79-1602(h)
Old version HB1063 V3 - 2-8-2021 10:01 AM: 17-80-402(4), 17-80-403(c), 23-79-1601(2), 23-79-1601(7), 23-79-1602(e)
Old version HB1063 V4 - 2-10-2021 10:13 AM: 17-80-402(4), 17-80-403(c), 23-79-1601(2), 02-10-2021, 23-79-1601(7), 23-79-1602(e)
Old version HB1063 V5 - 3-9-2021 10:19 AM: 17-80-402(4), 17-80-403(c), 23-79-1601(2), 23-79-1601(7), 03-09-2021, 23-79-1602(e)
Old version HB1063 V6 - 3-17-2021 01:20 PM: 17-80-402(4), 17-80-403(c), 23-79-1601(2), 23-79-1601(7), 03-17-2021, 23-79-1602(e)
Old version HB1063 V7 - 4-6-2021 02:03 PM: 17-80-402(4), 17-80-403(c), 23-79-1601(2), 23-79-1601(7), 23-79-1602(e)
Old version HB1063 V8 - 4-12-2021 01:35 PM: 17-80-402(4), 17-80-403(c), 23-79-1601(2), 23-79-1601(7), 23-79-1602(e)
HB 1063: 17-80-402(4), 17-80-403(c), 23-79-1601(2), 23-79-1601(7), 23-79-1602(e)
Act 829: 17-80-402(4), 17-80-403(c), 23-79-1601(2), 23-79-1601(7), 23-79-1602(e)
Old version of HB 1063 - 02-10-21: 17-80-402(4), 17-80-403(c), 23-79-1601(2), 02-10-2021, 23-79-1601(7), 23-79-1602(e)
Old version of HB 1063 - 02-08-21: 17-80-402(4), 17-80-403(c), 23-79-1601(2), 23-79-1601(7), 23-79-1602(e)
Old version of HB 1063 - 01-25-21: 17-80-402(4), 17-80-403(c), 17-80-404, 23-79-1601(2), 23-79-1601(7), 23-79-1601, 23-79-1602(h)
Old version of HB 1063 - 12-31-20: 17-80-402(4), 17-80-403(c), 17-80-404, 23-79-1601(7), 23-79-1601, 23-79-1602(h)