South Carolina Legislature MobileReference is to the bill as introduced.
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. This act is known and may be cited as the "South Carolina Telemedicine Insurance Reimbursement Act".
SECTION 2. Article 1, Chapter 71, Title 38 of the 1976 Code is amended by adding:
"Section 38-71-295.
(A) For the purposes of this
article:
(1)
'Telemedicine' means the delivery of health care,
including diagnosis, treatment, or transfer of medical data, by
means of interactive audio, video, or data communications by a
licensed physician or other health care provider at a consultant
site to a patient at a referring site. Interactive audio and
video telecommunications must be used between the consultant
site and the referring site. Standard telephone, facsimile
transmissions, unsecured electronic mail, or a combination of
them do not constitute telemedicine services.
(2)
'Consultant site' means the physical site at which the
consulting physician or other health care provider is located at
the time that health care is provided by means of
telemedicine.
(3)
'Referring site' means the physical site of the patient.
(4)
'Insurer' means an accident and health insurance company,
fraternal benefit society, hospital service corporation, medical
service corporation, health care corporation, health maintenance
organization, preferred provider organization,
provider-sponsored health care corporation, managed care entity,
or any similar entity authorized by the State of South Carolina
to provide health insurance policies in this State.
(5)
'Health care provider' means a licensed physician,
physician group practice, hospital system, or a licensed
physician's assistant or licensed advanced practice registered
nurse practicing within his or her scope of practice and
supervision requirements, except for distance, under the laws of
this State. For purposes of the referring site, a health care
provider may include a registered nurse licensed in this State
who is providing health care in a school or prison setting. For
purposes of the consultant site, a health care provider may
include a licensed speech pathologist or licensed or certified
disease management educator.
(B) The physician or
other health care provider at the consultant site delivering
health care by means of telemedicine to a patient at the
referring site must be reimbursed for those services in the same
manner as health care services provided through an in-person
consultation. Nothing in this section shall prohibit a
commercial insurer or managed care organization from including
or excluding telemedicine services as a covered service in a
health care contract or from negotiating with health care
providers for reimbursement rates for telemedicine.
(C) If a patient seeks
and receives telemedicine services and has an existing medical
home, it is the responsibility of the telemedicine provider to
promptly and electronically communicate the details of the
encounter to the medical home. It then becomes the
responsibility of the medical home to decide when a face to face
encounter is necessary.
(1)
It the patient seeks and receives telemedicine services
and has no existing medical home, it becomes the responsibility
of the telemedicine provider to either perform a face to face
encounter or arrange for a face to face encounter with an
existing physician practice within one week.
(2)
A medical home is defined as a primary care or internal
medicine practice in which the patient has received care within
one year.
(D) The South Carolina
Board of Medical Examiners has the authority to authorize, at
its sole discretion, other specific programs that use standard
telephone, facsimile transmissions, unsecured electronic mail,
or a combination of them to render health care services;
however, services provided though such specific programs are not
subject to subsection (B)."
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.