Texas 2015 - 84th Regular

Texas House Bill HB2913 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	By: Aycock, White of Bell (Senate Sponsor - Fraser) H.B. No. 2913
2		-	(In the Senate - Received from the House April 27, 2015;
3		-	May 4, 2015, read first time and referred to Committee on
4		-	Intergovernmental Relations; May 11, 2015, reported favorably by
5		-	the following vote: Yeas 7, Nays 0; May 11, 2015, sent to
6		-	printer.)
7		-	Click here to see the committee vote
	1	+	H.B. No. 2913
8	2
9	3
10		-	A BILL TO BE ENTITLED
11	4		AN ACT
12	5		relating to the creation and operations of health care provider
13	6		participation programs in certain counties.
14	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	8		SECTION 1. Subtitle D, Title 4, Health and Safety Code, is
16	9		amended by adding Chapter 297 to read as follows:
17	10		CHAPTER 297. COUNTY HEALTH CARE PROVIDER PARTICIPATION PROGRAM IN
18	11		CERTAIN COUNTIES CONTAINING A MILITARY BASE
19	12		SUBCHAPTER A. GENERAL PROVISIONS
20	13		Sec. 297.001. DEFINITIONS. In this chapter:
21	14		(1) "Institutional health care provider" means a
22	15		nonpublic hospital licensed under Chapter 241.
23	16		(2) "Paying hospital" means an institutional health
24	17		care provider required to make a mandatory payment under this
25	18		chapter.
26	19		(3) "Program" means the county health care provider
27	20		participation program authorized by this chapter.
28	21		Sec. 297.002. APPLICABILITY. This chapter applies only to
29	22		a county:
30	23		(1) that is not served by a hospital district or a
31	24		public hospital;
32	25		(2) on which a military base with more than 30,000
33	26		military personnel is partially located; and
34	27		(3) that has a population of more than 300,000.
35	28		Sec. 297.003. COUNTY HEALTH CARE PROVIDER PARTICIPATION
36	29		PROGRAM; PARTICIPATION IN PROGRAM. (a) A county health care
37	30		provider participation program authorizes a county to collect a
38	31		mandatory payment from each institutional health care provider
39	32		located in the county to be deposited in a local provider
40	33		participation fund established by the county. Money in the fund may
41	34		be used by the county to fund certain intergovernmental transfers
42	35		and indigent care programs as provided by this chapter.
43	36		(b) The commissioners court may adopt an order authorizing a
44	37		county to participate in the program, subject to the limitations
45	38		provided by this chapter.
46	39		SUBCHAPTER B. POWERS AND DUTIES OF COMMISSIONERS COURT
47	40		Sec. 297.051. LIMITATION ON AUTHORITY TO REQUIRE MANDATORY
48	41		PAYMENT. The commissioners court of a county may require a
49	42		mandatory payment authorized under this chapter by an institutional
50	43		health care provider in the county only in the manner provided by
51	44		this chapter.
52	45		Sec. 297.052. MAJORITY VOTE REQUIRED. The commissioners
53	46		court of a county may not authorize the county to collect a
54	47		mandatory payment authorized under this chapter without an
55	48		affirmative vote of a majority of the members of the commissioners
56	49		court.
57	50		Sec. 297.053. RULES AND PROCEDURES. After the
58	51		commissioners court has voted to require a mandatory payment
59	52		authorized under this chapter, the commissioners court may adopt
60	53		rules relating to the administration of the mandatory payment.
61	54		Sec. 297.054. INSTITUTIONAL HEALTH CARE PROVIDER
62	55		REPORTING; INSPECTION OF RECORDS. (a) The commissioners court of a
63	56		county that collects a mandatory payment authorized under this
64	57		chapter shall require each institutional health care provider to
65	58		submit to the county a copy of any financial and utilization data
66	59		required by and reported to the Department of State Health Services
67	60		under Sections 311.032 and 311.033 and any rules adopted by the
68	61		executive commissioner of the Health and Human Services Commission
69	62		to implement those sections.
70	63		(b) The commissioners court of a county that collects a
71	64		mandatory payment authorized under this chapter may inspect the
72	65		records of an institutional health care provider to the extent
73	66		necessary to ensure compliance with the requirements of Subsection
74	67		(a).
75	68		SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS
76	69		Sec. 297.101. HEARING. (a) Each year, the commissioners
77	70		court of a county that collects a mandatory payment authorized
78	71		under this chapter shall hold a public hearing on the amounts of any
79	72		mandatory payments that the commissioners court intends to require
80	73		during the year and how the revenue derived from those payments is
81	74		to be spent.
82	75		(b) Not later than the 10th day before the date of the
83	76		hearing required under Subsection (a), the commissioners court of
84	77		the county shall publish notice of the hearing in a newspaper of
85	78		general circulation in the county.
86	79		(c) A representative of a paying hospital is entitled to
87	80		appear at the time and place designated in the public notice and to
88	81		be heard regarding any matter related to the mandatory payments
89	82		authorized under this chapter.
90	83		Sec. 297.102. DEPOSITORY. (a) The commissioners court of
91	84		each county that collects a mandatory payment authorized under this
92	85		chapter by resolution shall designate one or more banks located in
93	86		the county as the depository for mandatory payments received by the
94	87		county. A bank designated as a depository serves for two years or
95	88		until a successor is designated.
96	89		(b) All income received by a county under this chapter,
97	90		including the revenue from mandatory payments remaining after
98	91		discounts and fees for assessing and collecting the payments are
99	92		deducted, shall be deposited with the county depository in the
100	93		county's local provider participation fund and may be withdrawn
101	94		only as provided by this chapter.
102	95		(c) All funds under this chapter shall be secured in the
103	96		manner provided for securing county funds.
104	97		Sec. 297.103. LOCAL PROVIDER PARTICIPATION FUND;
105	98		AUTHORIZED USES OF MONEY. (a) Each county that collects a
106	99		mandatory payment authorized under this chapter shall create a
107	100		local provider participation fund.
108	101		(b) The local provider participation fund of a county
109	102		consists of:
110	103		(1) all revenue received by the county attributable to
111	104		mandatory payments authorized under this chapter, including any
112	105		penalties and interest attributable to delinquent payments;
113	106		(2) money received from the Health and Human Services
114	107		Commission as a refund of an intergovernmental transfer from the
115	108		county to the state for the purpose of providing the nonfederal
116	109		share of Medicaid supplemental payment program payments, provided
117	110		that the intergovernmental transfer does not receive a federal
118	111		matching payment; and
119	112		(3) the earnings of the fund.
120	113		(c) Money deposited to the local provider participation
121	114		fund may be used only to:
122	115		(1) fund intergovernmental transfers from the county
123	116		to the state to provide the nonfederal share of a Medicaid
124	117		supplemental payment program authorized under the state Medicaid
125	118		plan, the Texas Healthcare Transformation and Quality Improvement
126	119		Program waiver issued under Section 1115 of the federal Social
127	120		Security Act (42 U.S.C. Section 1315), or a successor waiver
128	121		program authorizing similar Medicaid supplemental payment
129	122		programs;
130	123		(2) subsidize indigent programs;
131	124		(3) pay the administrative expenses of the county
132	125		solely for activities under this chapter;
133	126		(4) refund a portion of a mandatory payment collected
134	127		in error from a paying hospital; and
135	128		(5) refund to paying hospitals the proportionate share
136	129		of money received by the county from the Health and Human Services
137	130		Commission that is not used to fund the nonfederal share of Medicaid
138	131		supplemental payment program payments.
139	132		(d) Money in the local provider participation fund may not
140	133		be commingled with other county funds.
141	134		(e) An intergovernmental transfer of funds described by
142	135		Subsection (c)(1) and any funds received by the county as a result
143	136		of an intergovernmental transfer described by that subsection may
144	137		not be used by the county or any other entity to expand Medicaid
145	138		eligibility under the Patient Protection and Affordable Care Act
146	139		(Pub. L. No. 111-148) as amended by the Health Care and Education
147	140		Reconciliation Act of 2010 (Pub. L. No. 111-152).
148	141		SUBCHAPTER D. MANDATORY PAYMENTS
149	142		Sec. 297.151. MANDATORY PAYMENTS BASED ON PAYING HOSPITAL
150	143		NET PATIENT REVENUE. (a) Except as provided by Subsection (e), the
151	144		commissioners court of a county that collects a mandatory payment
152	145		authorized under this chapter may require an annual mandatory
153	146		payment to be assessed quarterly on the net patient revenue of each
154	147		institutional health care provider located in the county. In the
155	148		first year in which the mandatory payment is required, the
156	149		mandatory payment is assessed on the net patient revenue of an
157	150		institutional health care provider as determined by the data
158	151		reported to the Department of State Health Services under Sections
159	152		311.032 and 311.033 in the fiscal year ending in 2013. The county
160	153		may update the amount of the mandatory payment on an annual basis
161	154		based on data reported to the Department of State Health Services in
162	155		a more recent fiscal year.
163	156		(b) The amount of a mandatory payment authorized under this
164	157		chapter must be uniformly proportionate with the amount of net
165	158		patient revenue generated by each paying hospital in the county. A
166	159		mandatory payment authorized under this chapter may not hold
167	160		harmless any institutional health care provider, as required under
168	161		42 U.S.C. Section 1396b(w).
169	162		(c) The commissioners court of a county that collects a
170	163		mandatory payment authorized under this chapter shall set the
171	164		amount of the mandatory payment. The amount of the mandatory
172	165		payment required of each paying hospital may not exceed an amount
173	166		that, when added to the amount of the mandatory payments required
174	167		from all other paying hospitals in the county, equals an amount of
175	168		revenue that exceeds six percent of the aggregate net patient
176	169		revenue of all paying hospitals in the county.
177	170		(d) Subject to the maximum amount prescribed by Subsection
178	171		(c), the commissioners court of a county that collects a mandatory
179	172		payment authorized under this chapter shall set the mandatory
180	173		payments in amounts that in the aggregate will generate sufficient
181	174		revenue to cover the administrative expenses of the county for
182	175		activities under this chapter, to fund the nonfederal share of a
183	176		Medicaid supplemental payment program, and to pay for indigent
184	177		programs, except that the amount of revenue from mandatory payments
185	178		used for administrative expenses of the county for activities under
186	179		this chapter in a year may not exceed the lesser of four percent of
187	180		the total revenue generated from the mandatory payment or $20,000.
188	181		(e) A paying hospital may not add a mandatory payment
189	182		required under this section as a surcharge to a patient.
190	183		Sec. 297.152. ASSESSMENT AND COLLECTION OF MANDATORY
191	184		PAYMENTS. (a) Except as provided by Subsection (b), the county tax
192	185		assessor-collector shall collect the mandatory payment authorized
193	186		under this chapter. The county tax assessor-collector shall charge
194	187		and deduct from mandatory payments collected for the county a fee
195	188		for collecting the mandatory payment in an amount determined by the
196	189		commissioners court of the county, not to exceed the county tax
197	190		assessor-collector's usual and customary charges.
198	191		(b) If determined by the commissioners court to be
199	192		appropriate, the commissioners court may contract for the
200	193		assessment and collection of mandatory payments in the manner
201	194		provided by Title 1, Tax Code, for the assessment and collection of
202	195		ad valorem taxes.
203	196		(c) Revenue from a fee charged by a county tax
204	197		assessor-collector for collecting the mandatory payment shall be
205	198		deposited in the county general fund and, if appropriate, shall be
206	199		reported as fees of the county tax assessor-collector.
207	200		Sec. 297.153. INTEREST, PENALTIES, AND DISCOUNTS.
208	201		Interest, penalties, and discounts on mandatory payments required
209	202		under this chapter are governed by the law applicable to county ad
210	203		valorem taxes.
211	204		Sec. 297.154. PURPOSE; CORRECTION OF INVALID PROVISION OR
212	205		PROCEDURE. (a) The purpose of this chapter is to generate revenue
213	206		by collecting from institutional health care providers a mandatory
214	207		payment to be used to provide the nonfederal share of a Medicaid
215	208		supplemental payment program.
216	209		(b) To the extent any provision or procedure under this
217	210		chapter causes a mandatory payment authorized under this chapter to
218	211		be ineligible for federal matching funds, the county may provide by
219	212		rule for an alternative provision or procedure that conforms to the
220	213		requirements of the federal Centers for Medicare and Medicaid
221	214		Services.
222	215		SECTION 2. If before implementing any provision of this Act
223	216		a state agency determines that a waiver or authorization from a
224	217		federal agency is necessary for implementation of that provision,
225	218		the agency affected by the provision shall request the waiver or
226	219		authorization and may delay implementing that provision until the
227	220		waiver or authorization is granted.
228	221		SECTION 3. This Act takes effect immediately if it receives
229	222		a vote of two-thirds of all the members elected to each house, as
230	223		provided by Section 39, Article III, Texas Constitution. If this
231	224		Act does not receive the vote necessary for immediate effect, this
232	225		Act takes effect September 1, 2015.
233		-	* * * * *
	226	+	______________________________ ______________________________
	227	+	President of the Senate Speaker of the House
	228	+	I certify that H.B. No. 2913 was passed by the House on April
	229	+	23, 2015, by the following vote: Yeas 137, Nays 2, 2 present, not
	230	+	voting.
	231	+	______________________________
	232	+	Chief Clerk of the House
	233	+	I certify that H.B. No. 2913 was passed by the Senate on May
	234	+	15, 2015, by the following vote: Yeas 31, Nays 0.
	235	+	______________________________
	236	+	Secretary of the Senate
	237	+	APPROVED: _____________________
	238	+	Date
	239	+	_____________________
	240	+	Governor