Texas 2015 - 84th Regular

Texas Senate Bill SB1255 Compare Versions

Only one version of the bill is available at this time.

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1	1	84R9807 MEW-D
2	2	By: Birdwell S.B. No. 1255
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation and operations of health care provider
8	8	participation programs in certain counties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle D, Title 4, Health and Safety Code, is
11	11	amended by adding Chapter 294 to read as follows:
12	12	CHAPTER 294. COUNTY HEALTH CARE PROVIDER PARTICIPATION PROGRAM IN
13	13	CERTAIN COUNTIES CONTAINING A PRIVATE UNIVERSITY
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 294.001. DEFINITIONS. In this chapter:
16	16	(1) "Institutional health care provider" means a
17	17	nonpublic hospital licensed under Chapter 241.
18	18	(2) "Paying hospital" means an institutional health
19	19	care provider required to make a mandatory payment under this
20	20	chapter.
21	21	(3) "Program" means the county health care provider
22	22	participation program authorized by this chapter.
23	23	Sec. 294.002. APPLICABILITY. This chapter applies only to
24	24	a county that:
25	25	(1) is not served by a hospital district or a public
26	26	hospital;
27	27	(2) contains a private institution of higher education
28	28	with a student enrollment of more than 12,000; and
29	29	(3) has a population of less than 250,000.
30	30	Sec. 294.003. COUNTY HEALTH CARE PROVIDER PARTICIPATION
31	31	PROGRAM; PARTICIPATION IN PROGRAM. (a) A county health care
32	32	provider participation program authorizes a county to collect a
33	33	mandatory payment from each institutional health care provider
34	34	located in the county to be deposited in a local provider
35	35	participation fund established by the county. Money in the fund may
36	36	be used by the county to fund certain intergovernmental transfers
37	37	and indigent care programs as provided by this chapter.
38	38	(b) The commissioners court may adopt an order authorizing a
39	39	county to participate in the program, subject to the limitations
40	40	provided by this chapter.
41	41	SUBCHAPTER B. POWERS AND DUTIES OF COMMISSIONERS COURT
42	42	Sec. 294.051. LIMITATION ON AUTHORITY TO REQUIRE MANDATORY
43	43	PAYMENT. The commissioners court of a county may require a
44	44	mandatory payment authorized under this chapter by an institutional
45	45	health care provider in the county only in the manner provided by
46	46	this chapter.
47	47	Sec. 294.052. MAJORITY VOTE REQUIRED. The commissioners
48	48	court of a county may not authorize the county to collect a
49	49	mandatory payment authorized under this chapter without an
50	50	affirmative vote of a majority of the members of the commissioners
51	51	court.
52	52	Sec. 294.053. RULES AND PROCEDURES. After the
53	53	commissioners court has voted to require a mandatory payment
54	54	authorized under this chapter, the commissioners court may adopt
55	55	rules relating to the administration of the mandatory payment.
56	56	Sec. 294.054. INSTITUTIONAL HEALTH CARE PROVIDER
57	57	REPORTING; INSPECTION OF RECORDS. (a) The commissioners court of a
58	58	county that collects a mandatory payment authorized under this
59	59	chapter shall require each institutional health care provider to
60	60	submit to the county a copy of any financial and utilization data
61	61	required by and reported to the Department of State Health Services
62	62	under Sections 311.032 and 311.033 and any rules adopted by the
63	63	executive commissioner of the Health and Human Services Commission
64	64	to implement those sections.
65	65	(b) The commissioners court of a county that collects a
66	66	mandatory payment authorized under this chapter may inspect the
67	67	records of an institutional health care provider to the extent
68	68	necessary to ensure compliance with the requirements of Subsection
69	69	(a).
70	70	SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS
71	71	Sec. 294.101. HEARING. (a) Each year, the commissioners
72	72	court of a county that collects a mandatory payment authorized
73	73	under this chapter shall hold a public hearing on the amounts of any
74	74	mandatory payments that the commissioners court intends to require
75	75	during the year and how the revenue derived from those payments is
76	76	to be spent.
77	77	(b) Not later than the 10th day before the date of the
78	78	hearing required under Subsection (a), the commissioners court of
79	79	the county shall publish notice of the hearing in a newspaper of
80	80	general circulation in the county.
81	81	(c) A representative of a paying hospital is entitled to
82	82	appear at the time and place designated in the public notice and to
83	83	be heard regarding any matter related to the mandatory payments
84	84	authorized under this chapter.
85	85	Sec. 294.102. DEPOSITORY. (a) The commissioners court of
86	86	each county that collects a mandatory payment authorized under this
87	87	chapter by resolution shall designate one or more banks located in
88	88	the county as the depository for mandatory payments received by the
89	89	county. A bank designated as a depository serves for two years or
90	90	until a successor is designated.
91	91	(b) All income received by a county under this chapter,
92	92	including the revenue from mandatory payments remaining after
93	93	discounts and fees for assessing and collecting the payments are
94	94	deducted, shall be deposited with the county depository in the
95	95	county's local provider participation fund and may be withdrawn
96	96	only as provided by this chapter.
97	97	(c) All funds under this chapter shall be secured in the
98	98	manner provided for securing county funds.
99	99	Sec. 294.103. LOCAL PROVIDER PARTICIPATION FUND;
100	100	AUTHORIZED USES OF MONEY. (a) Each county that collects a
101	101	mandatory payment authorized under this chapter shall create a
102	102	local provider participation fund.
103	103	(b) The local provider participation fund of a county
104	104	consists of:
105	105	(1) all revenue received by the county attributable to
106	106	mandatory payments authorized under this chapter, including any
107	107	penalties and interest attributable to delinquent payments;
108	108	(2) money received from the Health and Human Services
109	109	Commission as a refund of an intergovernmental transfer from the
110	110	county to the state for the purpose of providing the nonfederal
111	111	share of Medicaid supplemental payment program payments, provided
112	112	that the intergovernmental transfer does not receive a federal
113	113	matching payment; and
114	114	(3) the earnings of the fund.
115	115	(c) Money deposited to the local provider participation
116	116	fund may be used only to:
117	117	(1) fund intergovernmental transfers from the county
118	118	to the state to provide the nonfederal share of a Medicaid
119	119	supplemental payment program authorized under the state Medicaid
120	120	plan, the Texas Healthcare Transformation and Quality Improvement
121	121	Program waiver issued under Section 1115 of the federal Social
122	122	Security Act (42 U.S.C. Section 1315), or a successor waiver
123	123	program authorizing similar Medicaid supplemental payment
124	124	programs;
125	125	(2) subsidize indigent programs;
126	126	(3) pay the administrative expenses of the county
127	127	solely for activities under this chapter;
128	128	(4) refund a portion of a mandatory payment collected
129	129	in error from a paying hospital; and
130	130	(5) refund to paying hospitals the proportionate share
131	131	of money received by the county from the Health and Human Services
132	132	Commission that is not used to fund the nonfederal share of Medicaid
133	133	supplemental payment program payments.
134	134	(d) Money in the local provider participation fund may not
135	135	be commingled with other county funds.
136	136	(e) An intergovernmental transfer of funds described by
137	137	Subsection (c)(1) and any funds received by the county as a result
138	138	of an intergovernmental transfer described by that subsection may
139	139	not be used by the county or any other entity to expand Medicaid
140	140	eligibility under the Patient Protection and Affordable Care Act
141	141	(Pub. L. No. 111-148) as amended by the Health Care and Education
142	142	Reconciliation Act of 2010 (Pub. L. No. 111-152).
143	143	SUBCHAPTER D. MANDATORY PAYMENTS
144	144	Sec. 294.151. MANDATORY PAYMENTS BASED ON PAYING HOSPITAL
145	145	NET PATIENT REVENUE. (a) Except as provided by Subsection (e), the
146	146	commissioners court of a county that collects a mandatory payment
147	147	authorized under this chapter may require an annual mandatory
148	148	payment to be assessed quarterly on the net patient revenue of each
149	149	institutional health care provider located in the county. In the
150	150	first year in which the mandatory payment is required, the
151	151	mandatory payment is assessed on the net patient revenue of an
152	152	institutional health care provider as determined by the data
153	153	reported to the Department of State Health Services under Sections
154	154	311.032 and 311.033 in the fiscal year ending in 2014. The county
155	155	shall update the amount of the mandatory payment on an annual basis.
156	156	(b) The amount of a mandatory payment authorized under this
157	157	chapter must be uniformly proportionate with the amount of net
158	158	patient revenue generated by each paying hospital in the county. A
159	159	mandatory payment authorized under this chapter may not hold
160	160	harmless any institutional health care provider, as required under
161	161	42 U.S.C. Section 1396b(w).
162	162	(c) The commissioners court of a county that collects a
163	163	mandatory payment authorized under this chapter shall set the
164	164	amount of the mandatory payment. The amount of the mandatory
165	165	payment required of each paying hospital may not exceed an amount
166	166	that, when added to the amount of the mandatory payments required
167	167	from all other paying hospitals in the county, equals an amount of
168	168	revenue that exceeds six percent of the aggregate net patient
169	169	revenue of all paying hospitals in the county.
170	170	(d) Subject to the maximum amount prescribed by Subsection
171	171	(c), the commissioners court of a county that collects a mandatory
172	172	payment authorized under this chapter shall set the mandatory
173	173	payments in amounts that in the aggregate will generate sufficient
174	174	revenue to cover the administrative expenses of the county for
175	175	activities under this chapter, to fund the nonfederal share of a
176	176	Medicaid supplemental payment program, and to pay for indigent
177	177	programs, except that the amount of revenue from mandatory payments
178	178	used for administrative expenses of the county for activities under
179	179	this chapter in a year may not exceed the lesser of four percent of
180	180	the total revenue generated from the mandatory payment or $20,000.
181	181	(e) A paying hospital may not add a mandatory payment
182	182	required under this section as a surcharge to a patient.
183	183	Sec. 294.152. ASSESSMENT AND COLLECTION OF MANDATORY
184	184	PAYMENTS. (a) Except as provided by Subsection (b), the county tax
185	185	assessor-collector shall collect the mandatory payment authorized
186	186	under this chapter. The county tax assessor-collector shall charge
187	187	and deduct from mandatory payments collected for the county a fee
188	188	for collecting the mandatory payment in an amount determined by the
189	189	commissioners court of the county, not to exceed the county tax
190	190	assessor-collector's usual and customary charges.
191	191	(b) If determined by the commissioners court to be
192	192	appropriate, the commissioners court may contract for the
193	193	assessment and collection of mandatory payments in the manner
194	194	provided by Title 1, Tax Code, for the assessment and collection of
195	195	ad valorem taxes.
196	196	(c) Revenue from a fee charged by a county tax
197	197	assessor-collector for collecting the mandatory payment shall be
198	198	deposited in the county general fund and, if appropriate, shall be
199	199	reported as fees of the county tax assessor-collector.
200	200	Sec. 294.153. INTEREST, PENALTIES, AND DISCOUNTS.
201	201	Interest, penalties, and discounts on mandatory payments required
202	202	under this chapter are governed by the law applicable to county ad
203	203	valorem taxes.
204	204	Sec. 294.154. PURPOSE; CORRECTION OF INVALID PROVISION OR
205	205	PROCEDURE. (a) The purpose of this chapter is to generate revenue
206	206	by collecting from institutional health care providers a mandatory
207	207	payment to be used to provide the nonfederal share of a Medicaid
208	208	supplemental payment program.
209	209	(b) To the extent any provision or procedure under this
210	210	chapter causes a mandatory payment authorized under this chapter to
211	211	be ineligible for federal matching funds, the county may provide by
212	212	rule for an alternative provision or procedure that conforms to the
213	213	requirements of the federal Centers for Medicare and Medicaid
214	214	Services.
215	215	SECTION 2. If before implementing any provision of this Act
216	216	a state agency determines that a waiver or authorization from a
217	217	federal agency is necessary for implementation of that provision,
218	218	the agency affected by the provision shall request the waiver or
219	219	authorization and may delay implementing that provision until the
220	220	waiver or authorization is granted.
221	221	SECTION 3. This Act takes effect immediately if it receives
222	222	a vote of two-thirds of all the members elected to each house, as
223	223	provided by Section 39, Article III, Texas Constitution. If this
224	224	Act does not receive the vote necessary for immediate effect, this
225	225	Act takes effect September 1, 2015.