BILL REQ. #:  H-1004.1 

Read first time 01/22/09.   Referred to Committee on Health Care & Wellness.

     AN ACT Relating to the delivery of home health care services through telemedicine; and adding a new section to chapter 74.09 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 74.09 RCW to read as follows:
     (1) In-person contact between a home health care provider and a patient is not required under the state's medical assistance program for home health care services that are: (a) Delivered through telemedicine and (b) otherwise eligible for reimbursement under the program. The telemedicine program shall include health care professional oversight and intervention as appropriate and must still meet the criteria of medically necessary for a telemedicine visit. The services delivered through telemedicine are subject to reimbursement policies adopted by rule of the department after consultation with home health care service providers. Home health care services delivered through telemedicine are covered by and reimbursed under the state's medicaid payment program.
     (2)(a) The department shall establish the reimbursement rate for home health care services delivered through telemedicine that are otherwise eligible for reimbursement under the medical assistance program.
     (b) The reimbursement rate must be comparable to the rate currently paid for a home health visit.
     (c) Reimbursement is not provided for purchase or lease of telemedicine equipment.
     (3)(a) A home health care services provider who delivers services through telemedicine shall provide to each patient, before treating that patient through telemedicine for the first time, the following written statements:
     (i) That the patient retains the option to refuse the delivery of home health care services via telemedicine at any time without affecting the patient's right to future care or treatment and without risking the loss or withdrawal of any program benefits to which the patient would otherwise be entitled;
     (ii) That all applicable confidentiality protections shall apply to the services; and
     (iii) That the patient shall have access to all medical information resulting from the telemedicine services as provided by applicable law for patient access to his or her medical records.
     (b) The provisions of (a) of this subsection shall not apply in an emergency.
     (4) Nothing in this section shall be construed to alter the scope of practice of any home health care services provider or authorize the delivery of home health care services in a setting or manner not otherwise authorized by law.
     (5) For the purposes of this section, "telemedicine" means the delivery of medical services and any treatment, transfer of medical data, or education related to health care services using audio, video, or data communication instead of in-person contact.