Texas 2015 - 84th Regular

Texas House Bill HB2809 Compare Versions

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Version 2 (New)

Old	New		Differences
1		-	84R9807 MEW-D
2		-	By: Anderson of McLennan, Kacal H.B. No. 2809
	1	+	H.B. No. 2809
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to the creation and operations of health care provider
8	6		participation programs in certain counties.
9	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	8		SECTION 1. Subtitle D, Title 4, Health and Safety Code, is
11	9		amended by adding Chapter 294 to read as follows:
12	10		CHAPTER 294. COUNTY HEALTH CARE PROVIDER PARTICIPATION PROGRAM IN
13	11		CERTAIN COUNTIES CONTAINING A PRIVATE UNIVERSITY
14	12		SUBCHAPTER A. GENERAL PROVISIONS
15	13		Sec. 294.001. DEFINITIONS. In this chapter:
16	14		(1) "Institutional health care provider" means a
17	15		nonpublic hospital licensed under Chapter 241.
18	16		(2) "Paying hospital" means an institutional health
19	17		care provider required to make a mandatory payment under this
20	18		chapter.
21	19		(3) "Program" means the county health care provider
22	20		participation program authorized by this chapter.
23	21		Sec. 294.002. APPLICABILITY. This chapter applies only to
24	22		a county that:
25	23		(1) is not served by a hospital district or a public
26	24		hospital;
27	25		(2) contains a private institution of higher education
28	26		with a student enrollment of more than 12,000; and
29	27		(3) has a population of less than 250,000.
30	28		Sec. 294.003. COUNTY HEALTH CARE PROVIDER PARTICIPATION
31	29		PROGRAM; PARTICIPATION IN PROGRAM. (a) A county health care
32	30		provider participation program authorizes a county to collect a
33	31		mandatory payment from each institutional health care provider
34	32		located in the county to be deposited in a local provider
35	33		participation fund established by the county. Money in the fund may
36	34		be used by the county to fund certain intergovernmental transfers
37	35		and indigent care programs as provided by this chapter.
38	36		(b) The commissioners court may adopt an order authorizing a
39	37		county to participate in the program, subject to the limitations
40	38		provided by this chapter.
41	39		SUBCHAPTER B. POWERS AND DUTIES OF COMMISSIONERS COURT
42	40		Sec. 294.051. LIMITATION ON AUTHORITY TO REQUIRE MANDATORY
43	41		PAYMENT. The commissioners court of a county may require a
44	42		mandatory payment authorized under this chapter by an institutional
45	43		health care provider in the county only in the manner provided by
46	44		this chapter.
47	45		Sec. 294.052. MAJORITY VOTE REQUIRED. The commissioners
48	46		court of a county may not authorize the county to collect a
49	47		mandatory payment authorized under this chapter without an
50	48		affirmative vote of a majority of the members of the commissioners
51	49		court.
52	50		Sec. 294.053. RULES AND PROCEDURES. After the
53	51		commissioners court has voted to require a mandatory payment
54	52		authorized under this chapter, the commissioners court may adopt
55	53		rules relating to the administration of the mandatory payment.
56	54		Sec. 294.054. INSTITUTIONAL HEALTH CARE PROVIDER
57	55		REPORTING; INSPECTION OF RECORDS. (a) The commissioners court of a
58	56		county that collects a mandatory payment authorized under this
59	57		chapter shall require each institutional health care provider to
60	58		submit to the county a copy of any financial and utilization data
61	59		required by and reported to the Department of State Health Services
62	60		under Sections 311.032 and 311.033 and any rules adopted by the
63	61		executive commissioner of the Health and Human Services Commission
64	62		to implement those sections.
65	63		(b) The commissioners court of a county that collects a
66	64		mandatory payment authorized under this chapter may inspect the
67	65		records of an institutional health care provider to the extent
68	66		necessary to ensure compliance with the requirements of Subsection
69	67		(a).
70	68		SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS
71	69		Sec. 294.101. HEARING. (a) Each year, the commissioners
72	70		court of a county that collects a mandatory payment authorized
73	71		under this chapter shall hold a public hearing on the amounts of any
74	72		mandatory payments that the commissioners court intends to require
75	73		during the year and how the revenue derived from those payments is
76	74		to be spent.
77	75		(b) Not later than the 10th day before the date of the
78	76		hearing required under Subsection (a), the commissioners court of
79	77		the county shall publish notice of the hearing in a newspaper of
80	78		general circulation in the county.
81	79		(c) A representative of a paying hospital is entitled to
82	80		appear at the time and place designated in the public notice and to
83	81		be heard regarding any matter related to the mandatory payments
84	82		authorized under this chapter.
85	83		Sec. 294.102. DEPOSITORY. (a) The commissioners court of
86	84		each county that collects a mandatory payment authorized under this
87	85		chapter by resolution shall designate one or more banks located in
88	86		the county as the depository for mandatory payments received by the
89	87		county. A bank designated as a depository serves for two years or
90	88		until a successor is designated.
91	89		(b) All income received by a county under this chapter,
92	90		including the revenue from mandatory payments remaining after
93	91		discounts and fees for assessing and collecting the payments are
94	92		deducted, shall be deposited with the county depository in the
95	93		county's local provider participation fund and may be withdrawn
96	94		only as provided by this chapter.
97	95		(c) All funds under this chapter shall be secured in the
98	96		manner provided for securing county funds.
99	97		Sec. 294.103. LOCAL PROVIDER PARTICIPATION FUND;
100	98		AUTHORIZED USES OF MONEY. (a) Each county that collects a
101	99		mandatory payment authorized under this chapter shall create a
102	100		local provider participation fund.
103	101		(b) The local provider participation fund of a county
104	102		consists of:
105	103		(1) all revenue received by the county attributable to
106	104		mandatory payments authorized under this chapter, including any
107	105		penalties and interest attributable to delinquent payments;
108	106		(2) money received from the Health and Human Services
109	107		Commission as a refund of an intergovernmental transfer from the
110	108		county to the state for the purpose of providing the nonfederal
111	109		share of Medicaid supplemental payment program payments, provided
112	110		that the intergovernmental transfer does not receive a federal
113	111		matching payment; and
114	112		(3) the earnings of the fund.
115	113		(c) Money deposited to the local provider participation
116	114		fund may be used only to:
117	115		(1) fund intergovernmental transfers from the county
118	116		to the state to provide the nonfederal share of a Medicaid
119	117		supplemental payment program authorized under the state Medicaid
120	118		plan, the Texas Healthcare Transformation and Quality Improvement
121	119		Program waiver issued under Section 1115 of the federal Social
122	120		Security Act (42 U.S.C. Section 1315), or a successor waiver
123	121		program authorizing similar Medicaid supplemental payment
124	122		programs;
125	123		(2) subsidize indigent programs;
126	124		(3) pay the administrative expenses of the county
127	125		solely for activities under this chapter;
128	126		(4) refund a portion of a mandatory payment collected
129	127		in error from a paying hospital; and
130	128		(5) refund to paying hospitals the proportionate share
131	129		of money received by the county from the Health and Human Services
132	130		Commission that is not used to fund the nonfederal share of Medicaid
133	131		supplemental payment program payments.
134	132		(d) Money in the local provider participation fund may not
135	133		be commingled with other county funds.
136	134		(e) An intergovernmental transfer of funds described by
137	135		Subsection (c)(1) and any funds received by the county as a result
138	136		of an intergovernmental transfer described by that subsection may
139	137		not be used by the county or any other entity to expand Medicaid
140	138		eligibility under the Patient Protection and Affordable Care Act
141	139		(Pub. L. No. 111-148) as amended by the Health Care and Education
142	140		Reconciliation Act of 2010 (Pub. L. No. 111-152).
143	141		SUBCHAPTER D. MANDATORY PAYMENTS
144	142		Sec. 294.151. MANDATORY PAYMENTS BASED ON PAYING HOSPITAL
145	143		NET PATIENT REVENUE. (a) Except as provided by Subsection (e), the
146	144		commissioners court of a county that collects a mandatory payment
147	145		authorized under this chapter may require an annual mandatory
148	146		payment to be assessed quarterly on the net patient revenue of each
149	147		institutional health care provider located in the county. In the
150	148		first year in which the mandatory payment is required, the
151	149		mandatory payment is assessed on the net patient revenue of an
152	150		institutional health care provider as determined by the data
153	151		reported to the Department of State Health Services under Sections
154	152		311.032 and 311.033 in the fiscal year ending in 2014. The county
155	153		shall update the amount of the mandatory payment on an annual basis.
156	154		(b) The amount of a mandatory payment authorized under this
157	155		chapter must be uniformly proportionate with the amount of net
158	156		patient revenue generated by each paying hospital in the county. A
159	157		mandatory payment authorized under this chapter may not hold
160	158		harmless any institutional health care provider, as required under
161	159		42 U.S.C. Section 1396b(w).
162	160		(c) The commissioners court of a county that collects a
163	161		mandatory payment authorized under this chapter shall set the
164	162		amount of the mandatory payment. The amount of the mandatory
165	163		payment required of each paying hospital may not exceed an amount
166	164		that, when added to the amount of the mandatory payments required
167	165		from all other paying hospitals in the county, equals an amount of
168	166		revenue that exceeds six percent of the aggregate net patient
169	167		revenue of all paying hospitals in the county.
170	168		(d) Subject to the maximum amount prescribed by Subsection
171	169		(c), the commissioners court of a county that collects a mandatory
172	170		payment authorized under this chapter shall set the mandatory
173	171		payments in amounts that in the aggregate will generate sufficient
174	172		revenue to cover the administrative expenses of the county for
175	173		activities under this chapter, to fund the nonfederal share of a
176	174		Medicaid supplemental payment program, and to pay for indigent
177	175		programs, except that the amount of revenue from mandatory payments
178	176		used for administrative expenses of the county for activities under
179	177		this chapter in a year may not exceed the lesser of four percent of
180	178		the total revenue generated from the mandatory payment or $20,000.
181	179		(e) A paying hospital may not add a mandatory payment
182	180		required under this section as a surcharge to a patient.
183	181		Sec. 294.152. ASSESSMENT AND COLLECTION OF MANDATORY
184	182		PAYMENTS. (a) Except as provided by Subsection (b), the county tax
185	183		assessor-collector shall collect the mandatory payment authorized
186	184		under this chapter. The county tax assessor-collector shall charge
187	185		and deduct from mandatory payments collected for the county a fee
188	186		for collecting the mandatory payment in an amount determined by the
189	187		commissioners court of the county, not to exceed the county tax
190	188		assessor-collector's usual and customary charges.
191	189		(b) If determined by the commissioners court to be
192	190		appropriate, the commissioners court may contract for the
193	191		assessment and collection of mandatory payments in the manner
194	192		provided by Title 1, Tax Code, for the assessment and collection of
195	193		ad valorem taxes.
196	194		(c) Revenue from a fee charged by a county tax
197	195		assessor-collector for collecting the mandatory payment shall be
198	196		deposited in the county general fund and, if appropriate, shall be
199	197		reported as fees of the county tax assessor-collector.
200	198		Sec. 294.153. INTEREST, PENALTIES, AND DISCOUNTS.
201	199		Interest, penalties, and discounts on mandatory payments required
202	200		under this chapter are governed by the law applicable to county ad
203	201		valorem taxes.
204	202		Sec. 294.154. PURPOSE; CORRECTION OF INVALID PROVISION OR
205	203		PROCEDURE. (a) The purpose of this chapter is to generate revenue
206	204		by collecting from institutional health care providers a mandatory
207	205		payment to be used to provide the nonfederal share of a Medicaid
208	206		supplemental payment program.
209	207		(b) To the extent any provision or procedure under this
210	208		chapter causes a mandatory payment authorized under this chapter to
211	209		be ineligible for federal matching funds, the county may provide by
212	210		rule for an alternative provision or procedure that conforms to the
213	211		requirements of the federal Centers for Medicare and Medicaid
214	212		Services.
215	213		SECTION 2. If before implementing any provision of this Act
216	214		a state agency determines that a waiver or authorization from a
217	215		federal agency is necessary for implementation of that provision,
218	216		the agency affected by the provision shall request the waiver or
219	217		authorization and may delay implementing that provision until the
220	218		waiver or authorization is granted.
221	219		SECTION 3. This Act takes effect immediately if it receives
222	220		a vote of two-thirds of all the members elected to each house, as
223	221		provided by Section 39, Article III, Texas Constitution. If this
224	222		Act does not receive the vote necessary for immediate effect, this
225	223		Act takes effect September 1, 2015.
	224	+	______________________________ ______________________________
	225	+	President of the Senate Speaker of the House
	226	+	I certify that H.B. No. 2809 was passed by the House on April
	227	+	23, 2015, by the following vote: Yeas 136, Nays 3, 2 present, not
	228	+	voting.
	229	+	______________________________
	230	+	Chief Clerk of the House
	231	+	I certify that H.B. No. 2809 was passed by the Senate on May
	232	+	15, 2015, by the following vote: Yeas 30, Nays 1.
	233	+	______________________________
	234	+	Secretary of the Senate
	235	+	APPROVED: _____________________
	236	+	Date
	237	+	_____________________
	238	+	Governor