Bill Caption

Fiscal Notes

No significant fiscal implication to the State is anticipated.

No fiscal implication to units of local government is anticipated.

Bill Analysis

The bill would add Chapter 1459 to the Insurance Code titled Fair Access to Telephone Consultations.

The bill would prohibit an employee benefit plan or a health benefit plan from:

1. prohibiting a physician from charging for a telephone consultation with a covered patient if that plan allows another person to charge for a telephone consultation with a covered patient;
2. denying payment to a physician for a medically necessary telephone consultation with a covered patient if that plan pays another person for a telephone consultation with a covered patient; or
3. discriminating against a physician in determining a payment amount for a medically necessary telephone consultation provided to a covered patient if that plan pays another person for a telephone consultation with a covered patient. 

The bill would prohibit nondiscrimination in telephone consultation services from being construed as:

1. prohibiting an employee benefit plan or a health benefit plan from paying a physician for medically necessary telephone consultations; or
2. permitting a physician to charge or requiring an employee benefit plan or a health benefit plan to pay, for telephonic:

• appointment scheduling;
• appointment reminders; or
• responses to billing or payment inquiries.

Vote Recommendation Notes

The purpose of the legislation is to forbid an employee benefit plan or a health benefit plan from prohibiting physicians from receiving reimbursement for telephone consultations if the plan allows another person to charge or receive payment for telephone consultations with a covered patient.

We support telemedicine, but not government mandates. Addressing payment parity for telephone consultations should be resolved within the private sector rather than being mandated by the government. Creating new state mandates on private enterprise abridges our limited government and free market principles. Therefore, we oppose HB 2348.