Text: HF00603 Text: HF00605 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 144D.1 TITLE. 1 2 This chapter shall be known and may be cited as the "Iowa 1 3 Telehealth Act". 1 4 Sec. 2. NEW SECTION. 144D.2 DEFINITIONS. 1 5 As used in this chapter, unless the context otherwise 1 6 requires: 1 7 1. a. "Telehealth" means both of the following: 1 8 (1) The exchange of patient health information or the 1 9 exchange of medical education information by means of 1 10 interactive audio, video, or data communications. 1 11 (2) The delivery of health care services by means of 1 12 interactive audio, video, or data communications, including 1 13 assessment, diagnosis, consultation, and treatment, both in 1 14 consultation and in the direct delivery of health care 1 15 services, when the health care practitioner providing the 1 16 consultation or delivering health care services is at one 1 17 location and the patient is at another location. 1 18 b. "Telehealth" does not include a consultation provided 1 19 by telephone or facsimile machine. 1 20 Sec. 3. NEW SECTION. 144D.3 PATIENT CONSENT TO 1 21 TELEHEALTH SERVICES CONSENT REQUIREMENTS. 1 22 1. Prior to the delivery of health care services by 1 23 telehealth, the health care practitioner who is in physical 1 24 contact with the patient shall have the ultimate authority 1 25 over the care of the patient and shall obtain informed consent 1 26 from the patient. The informed consent procedure, at a 1 27 minimum, shall require that the patient be provided both 1 28 verbally and in writing, all of the following: 1 29 a. A statement that the individual retains the option to 1 30 withhold or withdraw consent at any time without affecting the 1 31 right to future care or treatment or risking the loss or 1 32 withdrawal of any health care benefits to which the individual 1 33 would otherwise be entitled. 1 34 b. A description of the potential risks, consequences, and 1 35 benefits of telehealth. 2 1 c. A statement that all existing confidentiality 2 2 protections apply. 2 3 d. A statement that patient access to all medical 2 4 information transmitted during a telehealth interaction is 2 5 guaranteed, and that copies of this information are available 2 6 at stated costs, which shall not exceed the direct cost of 2 7 providing the copies. 2 8 e. A statement that dissemination to researchers or other 2 9 entities or persons external to the patient and health care 2 10 practitioner relationship of any patient-identifiable images 2 11 or other patient-identifiable information from the telehealth 2 12 interaction shall not occur without the written consent of the 2 13 patient. 2 14 2. a. The patient shall sign a written statement prior to 2 15 the delivery of any telehealth services indicating that the 2 16 patient understands the written information provided pursuant 2 17 to subsection 1 and that this information has been discussed 2 18 by the patient with the patient's health care practitioner or 2 19 the practitioner's designee. 2 20 b. Consent by a patient who is a minor, is incapacitated, 2 21 or is mentally incompetent such that the patient is unable to 2 22 give informed consent, may be given by such patient's 2 23 representative. 2 24 c. The consent requirements under paragraphs "a" and "b" 2 25 do not apply in an emergency situation if the patient is 2 26 unable to give informed consent and the patient's 2 27 representative is unavailable. 2 28 3. A written consent statement signed by the patient shall 2 29 become part of the patient's medical record. 2 30 4. This section does not apply to consultations among or 2 31 between health care practitioners or to other telehealth 2 32 interactions in which the patient is not directly involved. 2 33 Sec. 4. NEW SECTION. 144D.4 HEALTH CARE PRACTITIONER 2 34 DISCIPLINARY ACTION. 2 35 A health care practitioner who fails to comply with the 3 1 requirements of section 144D.3 engages in unprofessional 3 2 conduct and may be subject to a complaint and investigation, 3 3 and appropriate disciplinary action, by the appropriate 3 4 disciplinary entity associated with such health care 3 5 practitioner's profession. 3 6 Sec. 5. NEW SECTION. 514F.10 HEALTH CARE SERVICES 3 7 TELEHEALTH. 3 8 1. A policy or contract providing for third-party payment 3 9 or prepayment shall not require person-to-person contact 3 10 between a health care practitioner and a patient as a 3 11 precondition for providing coverage under the policy or 3 12 contract for health care services if the patient's health care 3 13 practitioner determines such services may be appropriately 3 14 provided by means of telehealth. A policy or contract 3 15 providing for third-party payment or prepayment shall not 3 16 require person-to-person contact between a health care 3 17 practitioner and a patient as a precondition for providing 3 18 coverage under the plan, program, or contract for health care 3 19 services if the patient's health care practitioner determines 3 20 such services may be appropriately provided by means of 3 21 telehealth. 3 22 2. For purposes of this section, "telehealth" means 3 23 telehealth as defined in section 144D.2. 3 24 3. This section applies to the following classes of third- 3 25 party payment provider contracts or policies delivered, issued 3 26 for delivery, continued, or renewed in this state on or after 3 27 July 1, 2000: 3 28 a. Individual or group accident and sickness insurance 3 29 providing coverage on an expense-incurred basis. 3 30 b. An individual or group hospital or medical service 3 31 contract issued pursuant to chapter 509, 514, or 514A. 3 32 c. An individual or group health maintenance organization 3 33 contract regulated under chapter 514B. 3 34 d. An individual or group Medicare supplemental policy, 3 35 unless coverage pursuant to such policy is preempted by 4 1 federal law. 4 2 e. Any other entity engaged in the business of insurance, 4 3 risk transfer, or risk retention, which is subject to the 4 4 jurisdiction of the commissioner. 4 5 f. An organized delivery system licensed by the director 4 6 of public health. 4 7 EXPLANATION 4 8 This bill creates new Code chapter 144D which establishes 4 9 the Iowa Telehealth Act. The bill defines "telehealth" as 4 10 including the exchange of health information or the exchange 4 11 of medical education information by means of interactive 4 12 audio, video, or data communications, and the delivery of 4 13 health care services including assessment, diagnosis, 4 14 consultation, and treatment, both in consultation and in the 4 15 direct delivery of health care services between a health care 4 16 practitioner at one location and a patient at another 4 17 location, by means of interactive audio, video, or data 4 18 communications. 4 19 The bill establishes minimum requirements for a patient's 4 20 consent and provides that prior to the delivery of health care 4 21 services by telehealth, the health care practitioner who is in 4 22 physical contact with the patient shall have the ultimate 4 23 authority over the care of the patient and shall obtain the 4 24 informed consent from the patient. 4 25 The bill provides that a health care practitioner who fails 4 26 to comply with the consent requirements is guilty of 4 27 unprofessional conduct and may be subject to a complaint and 4 28 investigation, and appropriate disciplinary action, by the 4 29 appropriate disciplinary entity associated with such health 4 30 care practitioner's profession. 4 31 The bill also creates new Code section 514F.10 and provides 4 32 that a policy or contract providing for third-party payment or 4 33 prepayment shall not require person-to-person contact between 4 34 a health care practitioner and a patient as a precondition for 4 35 providing coverage under the policy or contract for health 5 1 care services if the patient's health care practitioner 5 2 determines such services may be appropriately provided by 5 3 means of telehealth. 5 4 LSB 1908HH 78 5 5 mj/sc/14
Text: HF00603 Text: HF00605 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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