SENATE, No. 652

STATE OF NEW JERSEY

217th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION

 


 

Sponsored by:

Senator  SHIRLEY K. TURNER

District 15 (Hunterdon and Mercer)

 

 

 

 

SYNOPSIS

     Provides for Medicaid and NJ FamilyCare coverage and reimbursement for health care services provided through telemedicine.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel.

  


An Act concerning Medicaid and NJ FamilyCare coverage of telemedicine and supplementing P.L.1968, c.413.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    Unless specifically prohibited or limited by federal or State law or deemed to be clinically inappropriate, in-person contact between a health care provider and a patient shall not be required for health care services delivered by telemedicine as a condition of provider reimbursement under the Medicaid or NJ FamilyCare program, if the services otherwise would be eligible for reimbursement.

     As used in this section:

     “Medicaid” means the Medicaid program established pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.).

     "NJ FamilyCare" means the NJ FamilyCare Program established pursuant to P.L.2005, c.156 (C.30:4J-8 et al.).

     “Telemedicine” means the use of interactive audio, video, or other telecommunications or electronic technology by a licensed health care provider to deliver a health care service at a site other than the site at which the patient is located.  Telemedicine does not include audio-only telephone, electronic mail, or facsimile transmission between a health care provider and a patient.

 

     2.    The Commissioner of Human Services, in consultation with the Commissioner of Children and Families, shall apply for such State plan amendments or waivers as may be necessary to implement the provisions of this act and to secure federal financial participation for State expenditures under the federal Medicaid program and Children’s Health Insurance Program.

 

     3.    The Commissioner of Human Services and the Commissioner of Children and Families shall adopt rules and regulations pursuant to the "Administrative Procedure Act" P.L.1968, c.410 (C.52:14B-1 et seq.) to effectuate the purposes of this act.

 

     4.    This act shall take effect on the first day of the fourth month next following the date of enactment, but the Commissioner of Human Services and the Commissioner of Children and Families may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.

STATEMENT

 

     This bill provides that, unless specifically prohibited or limited by federal or State law or deemed to be clinically inappropriate, in-person contact between a health care provider and a patient is not required for health care services delivered by telemedicine as a condition of provider reimbursement under the Medicaid or NJ FamilyCare program, if the services otherwise would be eligible for reimbursement.

     The bill defines “telemedicine” as the use of interactive audio, video, or other telecommunications or electronic technology by a licensed health care provider to deliver a health care service at a site other than the site at which the patient is located.  Telemedicine does not include audio-only telephone, electronic mail, or facsimile transmission.

     To obtain the federal approval, the Commissioner of Human Services, in consultation with the Commissioner of Children and Families, is to apply for such State plan amendments or waivers as may be necessary to implement the provisions of the bill and to secure federal financial participation for State Medicaid expenditures under the federal Medicaid program.

     According to the National Conference of State Legislatures, New Jersey is one of only seven states that do not provide Medicaid reimbursements for services provided by telemedicine.  It is intended that Medicaid and NJ FamilyCare coverage and reimbursement for telemedicine will reduce wait times, improve access to health care services, and attract more health care professionals to practice in the State.