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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