House File 89 - IntroducedA Bill ForAn Act 1relating to reimbursement rates for health care services
2for mental health conditions, illnesses, injuries, or
3diseases provided to covered persons by telehealth, and
4including effective date and retroactive applicability
5provisions.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 514C.34, subsection 1, Code 2021, is
2amended by adding the following new paragraphs:
3   NEW PARAGRAPH.  0a.  “Covered person” means the same as
4defined in section 514J.102.
5   NEW PARAGRAPH.  00a.  “Facility” means the same as defined in
6section 514J.102.
7   NEW PARAGRAPH.  0c.  “Health carrier” means the same as
8defined in section 514J.102.
9   Sec. 2.  Section 514C.34, subsection 1, paragraph c, Code
102021, is amended to read as follows:
   11c.  “Telehealth” means the delivery of health care services
12through the use of real-time interactive audio and video, or
13other real-time interactive electronic media, regardless of
14where the health care professional and the covered person are
15each located
. “Telehealth” does not include the delivery of
16health care services delivered solely through an audio-only
17telephone, electronic mail message, or facsimile transmission.
18   Sec. 3.  Section 514C.34, Code 2021, is amended by adding the
19following new subsection:
20   NEW SUBSECTION.  3A.  a.  A health carrier shall reimburse
21a health care professional and a facility for health care
22services provided by telehealth to a covered person for a
23mental health condition, illness, injury, or disease on the
24same basis and at the same rate as the health carrier would
25apply to the same health care services for a mental health
26condition, illness, injury, or disease provided in person to a
27covered person by the health care professional or the facility.
   28b.  As a condition of reimbursement pursuant to paragraph
29“a”, a health carrier shall not require that an additional
30health care professional be located in the same room as a
31covered person while health care services for a mental health
32condition, illness, injury, or disease are provided via
33telehealth by another health care professional to the covered
34person.
35   Sec. 4.  EFFECTIVE DATE.  This Act, being deemed of immediate
-1-1importance, takes effect upon enactment.
2   Sec. 5.  RETROACTIVE APPLICABILITY.  This Act applies to
3health care services for a mental health condition, illness,
4injury, or disease provided by a health care professional or a
5facility to a covered person by telehealth on or after January
61, 2021.
7EXPLANATION
8The inclusion of this explanation does not constitute agreement with
9the explanation’s substance by the members of the general assembly.
   10This bill requires a health carrier to reimburse a health
11care professional or a facility for health care services for a
12mental health condition, illness, injury, or disease provided
13to a covered person via telehealth on the same basis and at the
14same rate as the health carrier would apply to the same health
15care services provided to the covered person by the health
16care professional or facility in person. “Health carrier” is
17defined in the bill.
   18The bill amends the definition of “telehealth” to specify
19that the delivery of health care services via telehealth must
20include real-time interactive audio, video, or electronic
21media, regardless of the location of the health care
22professional or the covered person.
   23The bill prohibits a health carrier from requiring an
24additional health care professional to be located in the same
25room as a covered person while health care service for a mental
26health condition, illness, injury, or disease are provided via
27telehealth by another health care professional to the covered
28person.
   29The bill is effective upon enactment and applies
30retroactively to health care services for a mental health
31condition, illness, injury, or disease provided to a covered
32person via telehealth on or after January 1, 2021.
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