HOUSE DOCKET, NO. 2196        FILED ON: 1/19/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2443

The Commonwealth of Massachusetts

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PRESENTED BY:

Mark J. Cusack

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act to promote timely physician licensure and credentialing.

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PETITION OF:

HOUSE DOCKET, NO. 2196        FILED ON: 1/19/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2443

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act to promote timely physician licensure and credentialing.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.  Section 2 of chapter 112 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after the sixth paragraph the following paragraph:--

If the board has not made a determination on a physician’s application for renewal of the certificate of registration within 120 days of submission of a complete renewal application, the board shall issue a temporary registration to the physician so that the physician can complete the internal hospital credentialing and privileging process at the hospital at which the physician is employed or at the hospital at which the physician will be employed.

SECTION 2. Said section 2 of chapter 112, as so appearing, is hereby further amended by inserting at the end thereof the following paragraph:

Notwithstanding any other provision of this chapter, the board shall allow Massachusetts licensed physicians to obtain proxy credentialing and privileging for telemedicine services with other healthcare providers as defined in Section 1 of Chapter 111 of the general laws or facilities consistent with the requirements of the Centers for Medicare and Medicaid Conditions of Participation, 42 CFR §§ 482.12 and 482.22.  For the purposes of this section, “telemedicine” shall mean the use of audio, video or other electronic media for the purpose of diagnosis, consultation, and treatment of a patient's physical and mental health that meets applicable health information privacy and security standards as well as standards for informed consent similar to those provided during an in-person visit. Telemedicine shall not include audio-only telephone, facsimile machine, online questionnaires or text-only e-mail.

SECTION 3. Notwithstanding any general or special law or rule or regulation to the contrary, the Division of Health Professions Licensure within the Department of Public Health and the Division of Professional Licensure within the Office of Consumer Affairs and Business Regulation shall allow licensees to obtain proxy credentialing and privileging for telemedicine services with other healthcare providers, as defined in section 1 of chapter 111 of the general laws, and other allied mental health or human service professionals, as defined in section 163 of chapter 112 of the general laws, or facilities consistent with the requirements of the Centers for Medicare and Medicaid Conditions of Participation, 42 CFR §§ 482.12 and 482.22.  For the purposes of this section, “telemedicine” shall mean the use of audio, video or other electronic media for the purpose of diagnosis, consultation, and treatment of a patient's physical and mental health that meets applicable health information privacy and security standards as well as standards for informed consent similar to those provided during an in-person visit. Telemedicine shall not include audio-only telephone, facsimile machine, online questionnaires or text-only e-mail.

SECTION 4. Notwithstanding any general or special law or regulation to the contrary, within 6 months of enactment of this Act, the Board of Registration in Medicine shall, in conjunction with the Division of Professional Licensure within the Office of Consumer Affairs and Business Regulation, develop a process to quantify improved access for patients, efficiencies, costs, task and time reductions for providers through the implementation of the proxy credentialing provisions for telemedicine services in sections 2 and 3 of this Act and shall annually issue a report to the Joint Committee on Health Care Financing, Joint Committee on Public Health and the Bureau of Managed Care within the Division of Insurance.