SECTION 165:59-7-6. Telemedicine access for eligible healthcare entities

(a)   It is the intention of the Commission that this Chapter be interpreted to assist in the development of telemedicine service programs which in turn have the following effects on eligible healthcare entities:

(1)   Empowering eligible healthcare entities, especially those in rural areas, to provide a higher level of medical service;

(2)   Expanding the range of medical services available, especially those in rural areas;

(3)   Providing greater access to more choices in medical care by patients in rural areas;

(4)   Reducing the number of rural patient transfers to urban areas;

(5)   Enhancing rural economic development; and

(6)   Reducing the costs of medical care at eligible healthcare entities.

(b)   Upon compliance with the competitive bidding process, and other requirements set forth in the Oklahoma Telecommunications Act, and upon receipt of a written request by an authorized representative of an eligible healthcare entity, as defined by this Chapter, the eligible provider shall, by itself or in conjunction with another provider of telecommunications services, provide Special Universal Services to the eligible healthcare entity.

(c)   Special Universal Services to an eligible healthcare entity include the provision of bandwidth per standards as recommended by the FCC sufficient for providing telemedicine services including the telemedicine line, reasonable installation, and network termination equipment owned and operated by the eligible provider that is necessary to provide the eligible telemedicine service. Bandwidth may be rounded up to the next available standard service increment to avoid increased costs to the fund.

(1)   The OUSF Administrator shall approve funding for bandwidth requests, up to and including the amount listed below, for an eligible healthcare entity as follows:

(A)   Department of Corrections shall be eligible for funding up to 100 Mbps;

(B)   Federally Qualified Health Centers shall be eligible for funding as follows:

(i)   Urban locations up to 500 Mbps;

(ii)   Rural locations up to 100 Mbps.

(C)   County Health Department shall be eligible for funding as follows:

(i)   Urban locations up to 500 Mbps;

(ii)   Rural locations up to 100 Mbps.

(D)   City-County Health Department shall be eligible for funding as follows:

(i)   Urban locations up to 500 Mbps;

(ii)   Rural locations up to 100 Mbps.

(E)   Not for Profit Mental Health and Substance Abuse Facilities (certified facilities pursuant to OAC 450, Chapters 17 and 24) that are not staffed 24-hours each day shall be eligible for funding up to 100 Mbps;

(F)   Eligible healthcare entities that are staffed 24-hours each day, including those which are academic facilities, large medical centers, hospitals, and mental health and substance abuse facilities (certified facilities pursuant to OAC 450 Chapter 23) shall be eligible to receive bandwidth, based on licensed or certified beds, as follows:

(i)   1 to 50 beds shall be eligible for funding up to 500 Mbps;

(ii)   51 to 100 beds shall be eligible for funding up to 1 Gbps;

(iii)   101 to 200 beds shall be eligible for funding up to 3 Gbps;

(iv)   201 or greater beds shall be eligible for funding up to 10 Gbps.

(G)   The eligible healthcare entities, identified above in (A) through (F), which support other eligible healthcare entities as a central location or host, may request additional bandwidth per supported location of up to twenty five percent (25%) of the supported eligible healthcare entity's eligible bandwidth.

(2)   When determining whether funding for additional bandwidth is appropriate, when an eligible healthcare entity requests funding for a bandwidth that exceeds the amounts listed in section (1), the OUSF Administrator may consider, but not be limited to considering, the following factors:

(A)   Number of health care providers and staff at the eligible healthcare entity;

(B)   Number of beds at the eligible healthcare entity;

(C)   The telemedicine services provided at the eligible healthcare entity;

(D)   Support for other telemedicine facilities that require broadband access with consideration for any payments received by the supporting facility; and

(E)   Prior bandwidth usage, not including public network usage.

(d)   In no case, however, shall reimbursement from the OUSF be made for an Internet subscriber fee or charges incurred as a result of services accessed via the Internet.

(e)   The eligible provider shall be entitled to reimbursement from the OUSF for a one-time reasonable charge for the establishment of service of a new telecommunications line or wireless connection. Under this subsection (e), reimbursement is intended to allow for reasonable changes in 1) the telecommunications services and technologies purchased by an eligible healthcare entity, 2) the physical location of an eligible healthcare entity by permitting establishment of new service at a new location, and/or 3) the eligible provider providing service to an eligible healthcare entity.

(f)   The written request by an authorized representative of an eligible healthcare entity to an eligible provider shall be in the form and content approved by the OUSF Administrator.

(g)   The OUSF Administrator and/or its contracted agent may periodically seek verification of continued eligibility from an eligible healthcare entity, and the eligible healthcare entity shall maintain sufficient documentation to be able to provide verification of eligibility within fifteen (15) calendar days after request of the OUSF Administrator and/or its contracted agent. Failure to supply the requested eligibility verification within the stated timeframe will result in immediate discontinuance of OUSF support until information is received and deemed complete, unless the Commission directs otherwise.

(h)   Eligible healthcare entities that are eligible for funding from a program designed to support universal service, including but not limited to the FCC Rural Health Care Program, are expected to not only request funding, but to follow through and complete the process for Rural Health Care Program funding.

(i)   Completing alternative funding requests in a manner that results in reduced alternative funding, for which the OUSF Beneficiary would have otherwise been eligible, may reduce OUSF funding.

(j)   If the eligible healthcare entity is eligible for Rural Health Care Program funding, the following documents shall be provided to the OUSF Administrator within thirty (30) calendar days after the eligible healthcare entity has either submitted the form to USAC, or received the form from USAC, whichever is applicable.

(1)   If eligible under the Telecommunications program, the eligible healthcare entity must provide the OUSF Administrator the FCC Form 466, Funding Commitment Letter, FCC Form 467, and Health Care Provider Support Schedule.

(2)   If eligible under the Healthcare Connect Fund, the eligible healthcare entity must provide the OUSF Administrator the FCC Form 462 and associated network cost worksheet, and Funding Commitment Letter.

[Source: Reserved at 14 Ok Reg 2562, eff 7-1-97; Added at 18 Ok Reg 2448, eff 7-1-01; Amended at 22 Ok Reg 1819, eff 7-1-05; Amended at 29 Ok Reg 1583, eff 7-12-12; Amended at 30 Ok Reg 1581, eff 7-11-13; Amended at 32 Ok Reg 868, eff 8-27-15; Revoked at 34 Ok Reg 5, eff 8-12-16 (emergency); Revoked at 34 Ok Reg 1011, eff 9-11-17]