05 LC 28
2130
House
Bill 310
By:
Representatives Rogers of the
26th
and Knox of the
24th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating
to insurance generally, so as to enact the "Georgia Telemedicine Act"; to
provide for a short title; to provide for definitions; to provide for
legislative intent; to provide that no health insurance policy shall require
face-to-face contact between a health care provider and a patient as a condition
for payment for services; to provide for conditions, exceptions, and
limitations; to provide for related matters; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance
generally, is amended by adding a new Code Section 33-24-56.4 to read as
follows:
"33-24-56.4.
(a)
This Code section shall be known and may be cited as the 'Georgia Telemedicine
Act.'
(b)
As used in this Code section, the term:
(1)
'Health benefit policy' means any individual or group plan, policy, or contract
for health care services issued, delivered, issued for delivery, executed, or
renewed in this state, including, but not limited to, those contracts executed
by the State of Georgia on behalf of state employees under Article 1 of Chapter
18 of Title 45, by an insurer.
(2)
'Insurer' means an accident and sickness insurer, fraternal benefit society,
hospital service corporation, medical service corporation, health care
corporation, health maintenance organization, preferred provider organization,
provider sponsored health care corporation, managed care entity, or any similar
entity authorized to issue contracts under this title or to provide health
benefit policies.
(3)
'Telemedicine' means the practice of health care delivery, diagnosis,
consultation, treatment, transfer of medical data, or exchange of medical
education information by means of audio, video, or data communications.
Standard telephone, facsimile transmissions, or both, in the absence of other
integrated information and data, do not constitute telemedicine
services.
(c)
It is the intent of the General Assembly to end geographic discrimination in
health care delivery by recognizing the application of telemedicine for covered
services provided within the scope of practice of a physician or other health
care provider as a method of delivery of medical care by which an individual
shall receive medical services from a health care provider without face-to-face
contact with the provider.
(d)
On and after July 1, 2005, no health benefit policy that is issued, amended, or
renewed shall require face-to-face contact between a health care provider and a
patient as a prerequisite for payment for services appropriately provided
through telemedicine in accordance with generally accepted health care practices
and standards prevailing in the applicable professional community at the time
the services were provided. The coverage required in this Code section may be
subject to all terms and conditions of the plan agreed upon among the enrollee
or subscriber, the insurer, and the provider.
(e)
Nothing in this Code section shall preclude any health professional, within the
scope of the health
professionaĺs
practice, from employing the technology of telemedicine or participating in the
application of telemedicine within the health
professionaĺs
practice or under the direction of another health professional with such scope
of practice. Such action shall not be interpreted as practicing medicine
without a
license."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.