THE SENATE	S.B. NO.	2491
TWENTY-FIFTH LEGISLATURE, 2010		S.D. 2
STATE OF HAWAII		H.D. 1
		C.D. 1

A BILL FOR AN ACT

RELATING TO TELEMEDICINE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

PART I

     SECTION 1.  The insurance commissioner shall study the impact of coverage of telehealth services under medical malpractice policies and its impact on malpractice premium rates in various states across the country and in Hawaii.  The study shall include a review of the telehealth services, both traditional and innovative, that are allowed by law in the respective states, including Hawaii, and the impact on access to care.  The insurance commissioner shall report findings, recommendations, and any proposed legislation to the legislature not later than twenty days prior to the convening of the regular session of 2011.

PART II

     SECTION 2.  Chapter 346, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§346-  Telehealth services; medicaid and QUEST. The department shall not require:

(1) The department's approval for a health plan under the department's medicaid or QUEST program to deliver services using a telehealth service; or

(2) In-person visits to qualify any telehealth service for coverage under the department's medicaid or QUEST program.

For the purposes of this section, "telehealth" means the use of telecommunications services, as defined in section 269-1, including real-time video conferencing-based communication, secure interactive and non-interactive web-based communication, and secure asynchronous information exchange, to transmit patient medical information, including diagnostic-quality digital images and laboratory results for medical interpretation and diagnosis, for the purpose of delivering enhanced health care services and information to parties separated by distance. A standard telephone contact, facsimile transmission, or an email text, in combination or by itself, does not constitute a telehealth service for the purposes of this section.  This section shall only apply to a mobile medical van program operating in a county with a population of less than 250,000."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

Telehealth Study; Medicaid QUEST

Description:

Requires a study on the inclusion of telehealth services in medical malpractice coverage. Prohibits the department of human services from requiring its approval for medicaid or QUEST plans to deliver services through telehealth for mobile medical van programs in rural counties.  Effective upon approval.  (CD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.