By: Kolkhorst H.B. No. 3680
A BILL TO BE ENTITLED
AN ACT
relating to the allocation of certain Medicaid supplemental
hospital payments by the Health and Human Services Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 32, Human Resources Code,
is amended by adding Section 32.0283 to read as follows:
Sec. 32.0283. ALLOCATION OF SUPPLEMENTAL HOSPITAL
PAYMENTS. (a) Definitions. In this section,
(1) "Public hospital" means a hospital that is authorized to
transfer funds to the state for use as the state share of Medicaid
payments under a supplemental hospital payment program, including a
hospital described in Section 32.031(e).
(2) "Supplemental hospital payment program" means a program
administered by the commission pursuant to state or federal law
that authorizes payments of state and federal funds above standard
Medicaid payments to eligible hospitals, including, but not limited
to:
(A) the disproportionate share hospital program
administered pursuant to 42 U.S.C. Section 1396r-4a;
(B) a Medicaid Upper Payment Limit program or its
successor; or
(C) a waiver granted by the Secretary of H
ealth and
Human Services under the Social Security Act, 42 U.S.C. Section
1396, et seq., including the Medicaid Transformation Waiver issued
under ยง 1115 of the Social Security Act, 42 U.S.C. Section 1315.
(b) Out of funds transferred to the state by a public
hospital, a county, or other unit of local government for purposes
of supplying the state share of a supplemental hospital payment
program payment, the commission shall make such payments in the
following order:
(1) disproportionate share hospital program payments, which
shall be paid to all eligible hospitals before a payment under any
other supplemental hospital payment program may be made; and
(2) payments under the Medicaid Upper Payment Limit program
or its successor, which shall be paid using Medicaid inpatient days
or another reliable indicator of Medicaid utilization established
by the commission.
SECTION 2. If before implementing any provision of this Act
a state agency determines that a waiver or authorization from a
federal agency is necessary for implementation of that provision,
the agency affected by the provision shall request the waiver or
authorization and may delay implementing that provision until the
waiver or authorization is granted.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.