SUBSTITUTE SENATE BILL 5325
State of Washington
2021 Regular Session
BySenate Health & Long Term Care (originally sponsored by Senators Muzzall, Cleveland, Dozier, Frockt, Keiser, Randall, Rivers, and Robinson)
READ FIRST TIME 02/15/21.
AN ACT Relating to telemedicine; and amending RCW 71.24.335
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
and 2019 c 325 s 1019 are each amended to read as follows:
(1) Upon initiation or renewal of a contract with the authority, behavioral health administrative services organizations and managed care organizations shall reimburse a provider for a behavioral health service provided to a covered person ((who is under eighteen years old)) through telemedicine or store and forward technology if:
(a) The behavioral health administrative services organization or managed care organization in which the covered person is enrolled provides coverage of the behavioral health service when provided in person by the provider; and
(b) The behavioral health service is medically necessary.
(2)(a) If the service is provided through store and forward technology there must be an associated visit between the covered person and the referring provider. Nothing in this section prohibits the use of telemedicine for the associated office visit.
(b) For purposes of this section, reimbursement of store and forward technology is available only for those services specified in the negotiated agreement between the behavioral health administrative services organization, or managed care organization, and the provider.
(3) An originating site for a telemedicine behavioral health service subject to subsection (1) of this section means an originating site as defined in rule by the department or the health care authority.
(4) Any originating site, other than a home, under subsection (3) of this section may charge a facility fee for infrastructure and preparation of the patient. Reimbursement must be subject to a negotiated agreement between the originating site and the behavioral health administrative services organization, or managed care organization, as applicable. A distant site or any other site not identified in subsection (3) of this section may not charge a facility fee.
(5) Behavioral health administrative services organizations and managed care organizations may not distinguish between originating sites that are rural and urban in providing the coverage required in subsection (1) of this section.
(6) Behavioral health administrative services organizations and managed care organizations may subject coverage of a telemedicine or store and forward technology behavioral health service under subsection (1) of this section to all terms and conditions of the behavioral health administrative services organization or managed care organization in which the covered person is enrolled, including, but not limited to, utilization review, prior authorization, deductible, copayment, or coinsurance requirements that are applicable to coverage of a comparable behavioral health care service provided in person.
(7) This section does not require a behavioral health administrative services organization or a managed care organization to reimburse:
(a) An originating site for professional fees;
(b) A provider for a behavioral health service that is not a covered benefit; or
(c) An originating site or provider when the site or provider is not a contracted provider.
(8) For purposes of this section:
(a) "Distant site" means the site at which a physician or other licensed provider, delivering a professional service, is physically located at the time the service is provided through telemedicine;
(b) "Hospital" means a facility licensed under chapter 70.41
, 71.12, or 72.23
(c) "Originating site" means the physical location of a patient receiving behavioral health services through telemedicine;
(d) "Provider" has the same meaning as in RCW 48.43.005
(e) "Store and forward technology" means use of an asynchronous transmission of a covered person's medical or behavioral health information from an originating site to the provider at a distant site which results in medical or behavioral health diagnosis and management of the covered person, and does not include the use of audio-only telephone, facsimile, or email; and
(f) "Telemedicine" means the delivery of health care or behavioral health services through the use of interactive audio and video technology, permitting real-time communication between the patient at the originating site and the provider, for the purpose of diagnosis, consultation, or treatment. For purposes of this section only, "telemedicine" does not include the use of audio-only telephone, facsimile, or email.
(9) The authority must adopt rules as necessary to implement the provisions of this section.
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