85R11254 JCG-F
By: Hinojosa S.B. No. 1462
A BILL TO BE ENTITLED
AN ACT
relating to local health care provider participation programs in
certain counties and municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 288.151(b), Health and Safety Code, is
amended to read as follows:
(b) Not later than the fifth [10th] day before the date of
the hearing, the commission shall publish at least once notice of
the hearing in a newspaper of general circulation in the county in
which the district is located.
SECTION 2. Section 288.155(c), Health and Safety Code, is
amended to read as follows:
(c) Money deposited to the local provider participation
fund may be used only to:
(1) fund intergovernmental transfers from the
district to the state to provide:
(A) the nonfederal share of a Medicaid
supplemental payment program authorized under the state Medicaid
plan, the Texas Healthcare Transformation and Quality Improvement
Program waiver issued under Section 1115 of the federal Social
Security Act (42 U.S.C. Section 1315), or a successor waiver
program authorizing similar Medicaid supplemental payment
programs; or
(B) payments to Medicaid managed care
organizations that are dedicated for payment to hospitals;
(2) subsidize indigent programs;
(3) pay the administrative expenses of the district;
(4) refund a portion of a mandatory payment collected
in error from a paying hospital; [and]
(5) refund to paying hospitals the proportionate share
of the money received by the district from the Health and Human
Services Commission that is not used to fund the nonfederal share of
Medicaid supplemental payment program payments; and
(6) refund to paying hospitals the proportionate share
of money that the district determines cannot be used to fund the
nonfederal share of Medicaid supplemental payment program
payments.
SECTION 3. Section 288.202, Health and Safety Code, is
amended to read as follows:
Sec. 288.202. ASSESSMENT AND COLLECTION OF MANDATORY
PAYMENTS. The district may collect or contract for the assessment
and collection of mandatory payments required under this chapter
[(a) Except as provided by Subsection (b), the county tax
assessor-collector shall collect a mandatory payment required
under this subchapter. The county tax assessor-collector shall
charge and deduct from mandatory payments collected for the
district a fee for collecting the mandatory payment in an amount
determined by the commission, not to exceed the county tax
assessor-collector's usual and customary charges.
[(b) If determined by the commission to be appropriate, the
commission may contract for the assessment and collection of
mandatory payments in the manner provided by Title 1, Tax Code, for
the assessment and collection of ad valorem taxes.
[(c) Revenue from a fee charged by a county tax
assessor-collector for collecting the mandatory payment shall be
deposited in the county general fund and, if appropriate, shall be
reported as fees of the county tax assessor-collector].
SECTION 4. Section 291.101(b), Health and Safety Code, is
amended to read as follows:
(b) Not later than the fifth [10th] day before the date of
the hearing required under Subsection (a), the commissioners court
of the county shall publish notice of the hearing in a newspaper of
general circulation in the county.
SECTION 5. Section 291.103(c), Health and Safety Code, is
amended to read as follows:
(c) Money deposited to the local provider participation
fund may be used only to:
(1) fund intergovernmental transfers from the county
to the state to provide:
(A) the nonfederal share of a Medicaid
supplemental payment program authorized under the state Medicaid
plan, the Texas Healthcare Transformation and Quality Improvement
Program waiver issued under Section 1115 of the federal Social
Security Act (42 U.S.C. Section 1315), or a successor waiver
program authorizing similar Medicaid supplemental payment
programs; or
(B) payments to Medicaid managed care
organizations that are dedicated for payment to hospitals;
(2) subsidize indigent programs;
(3) pay the administrative expenses of the county
solely for activities under this chapter;
(4) refund a portion of a mandatory payment collected
in error from a paying hospital; [and]
(5) refund to paying hospitals the proportionate share
of money received by the county from the Health and Human Services
Commission that is not used to fund the nonfederal share of Medicaid
supplemental payment program payments; and
(6) refund to paying hospitals the proportionate share
of money that the county determines cannot be used to fund the
nonfederal share of Medicaid supplemental payment program
payments.
SECTION 6. Section 291.152, Health and Safety Code, is
amended to read as follows:
Sec. 291.152. ASSESSMENT AND COLLECTION OF MANDATORY
PAYMENTS. The county may collect or contract for the assessment and
collection of mandatory payments authorized under this chapter [(a)
Except as provided by Subsection (b), the county tax
assessor-collector shall collect the mandatory payment authorized
under this chapter. The county tax assessor-collector shall charge
and deduct from mandatory payments collected for the county a fee
for collecting the mandatory payment in an amount determined by the
commissioners court of the county, not to exceed the county tax
assessor-collector's usual and customary charges.
[(b) If determined by the commissioners court to be
appropriate, the commissioners court may contract for the
assessment and collection of mandatory payments in the manner
provided by Title 1, Tax Code, for the assessment and collection of
ad valorem taxes.
[(c) Revenue from a fee charged by a county tax
assessor-collector for collecting the mandatory payment shall be
deposited in the county general fund and, if appropriate, shall be
reported as fees of the county tax assessor-collector].
SECTION 7. Section 292.101(b), Health and Safety Code, is
amended to read as follows:
(b) Not later than the fifth [10th] day before the date of
the hearing required under Subsection (a), the commissioners court
of the county shall publish notice of the hearing in a newspaper of
general circulation in the county.
SECTION 8. Section 292.103(c), Health and Safety Code, is
amended to read as follows:
(c) Money deposited to the local provider participation
fund may be used only to:
(1) fund intergovernmental transfers from the county
to the state to provide:
(A) the nonfederal share of a Medicaid
supplemental payment program authorized under the state Medicaid
plan, the Texas Healthcare Transformation and Quality Improvement
Program waiver issued under Section 1115 of the federal Social
Security Act (42 U.S.C. Section 1315), or a successor waiver
program authorizing similar Medicaid supplemental payment
programs; or
(B) payments to Medicaid managed care
organizations that are dedicated for payment to hospitals;
(2) subsidize indigent programs;
(3) pay the administrative expenses of the county
solely for activities under this chapter;
(4) refund a portion of a mandatory payment collected
in error from a paying hospital; [and]
(5) refund to paying hospitals the proportionate share
of money received by the county from the Health and Human Services
Commission that is not used to fund the nonfederal share of Medicaid
supplemental payment program payments; and
(6) refund to paying hospitals the proportionate share
of money that the county determines cannot be used to fund the
nonfederal share of Medicaid supplemental payment program
payments.
SECTION 9. Section 292.152, Health and Safety Code, is
amended to read as follows:
Sec. 292.152. ASSESSMENT AND COLLECTION OF MANDATORY
PAYMENTS. The county may collect or contract for the assessment and
collection of mandatory payments authorized under this chapter [(a)
Except as provided by Subsection (b), the county tax
assessor-collector shall collect the mandatory payment authorized
under this chapter. The county tax assessor-collector shall charge
and deduct from mandatory payments collected for the county a fee
for collecting the mandatory payment in an amount determined by the
commissioners court of the county, not to exceed the county tax
assessor-collector's usual and customary charges.
[(b) If determined by the commissioners court to be
appropriate, the commissioners court may contract for the
assessment and collection of mandatory payments in the manner
provided by Title 1, Tax Code, for the assessment and collection of
ad valorem taxes.
[(c) Revenue from a fee charged by a county tax
assessor-collector for collecting the mandatory payment shall be
deposited in the county general fund and, if appropriate, shall be
reported as fees of the county tax assessor-collector].
SECTION 10. Section 293.001(1), Health and Safety Code, is
amended to read as follows:
(1) "Institutional health care provider" means a
nonpublic hospital that provides inpatient hospital services
[licensed under Chapter 241].
SECTION 11. Section 293.101(b), Health and Safety Code, is
amended to read as follows:
(b) Not later than the fifth [10th] day before the date of
the hearing required under Subsection (a), the commissioners court
of the county shall publish notice of the hearing in a newspaper of
general circulation in the county.
SECTION 12. Section 293.103(c), Health and Safety Code, is
amended to read as follows:
(c) Money deposited to the local provider participation
fund may be used only to:
(1) fund intergovernmental transfers from the county
to the state to provide:
(A) the nonfederal share of a Medicaid
supplemental payment program authorized under the state Medicaid
plan, the Texas Healthcare Transformation and Quality Improvement
Program waiver issued under Section 1115 of the federal Social
Security Act (42 U.S.C. Section 1315), or a successor waiver
program authorizing similar Medicaid supplemental payment
programs; or
(B) payments to Medicaid managed care
organizations that are dedicated for payment to hospitals;
(2) subsidize indigent programs;
(3) pay the administrative expenses of the county
solely for activities under this chapter;
(4) refund a portion of a mandatory payment collected
in error from a paying hospital; [and]
(5) refund to paying hospitals the proportionate share
of money received by the county from the Health and Human Services
Commission that is not used to fund the nonfederal share of Medicaid
supplemental payment program payments; and
(6) refund to paying hospitals the proportionate share
of money that the county determines cannot be used to fund the
nonfederal share of Medicaid supplemental payment program
payments.
SECTION 13. Section 293.152, Health and Safety Code, is
amended to read as follows:
Sec. 293.152. ASSESSMENT AND COLLECTION OF MANDATORY
PAYMENTS. The county may collect or contract for the assessment and
collection of mandatory payments authorized under this chapter [(a)
Except as provided by Subsection (b), the county tax
assessor-collector shall collect the mandatory payment authorized
under this chapter. The county tax assessor-collector shall charge
and deduct from mandatory payments collected for the county a fee
for collecting the mandatory payment in an amount determined by the
commissioners court of the county, not to exceed the county tax
assessor-collector's usual and customary charges.
[(b) If determined by the commissioners court to be
appropriate, the commissioners court may contract for the
assessment and collection of mandatory payments in the manner
provided by Title 1, Tax Code, for the assessment and collection of
ad valorem taxes.
[(c) Revenue from a fee charged by a county tax
assessor-collector for collecting the mandatory payment shall be
deposited in the county general fund and, if appropriate, shall be
reported as fees of the county tax assessor-collector].
SECTION 14. Section 294.001(1), Health and Safety Code, is
amended to read as follows:
(1) "Institutional health care provider" means a
nonpublic hospital that provides inpatient hospital services
[licensed under Chapter 241].
SECTION 15. Section 294.101(b), Health and Safety Code, is
amended to read as follows:
(b) Not later than the fifth [10th] day before the date of
the hearing required under Subsection (a), the commissioners court
of the county shall publish notice of the hearing in a newspaper of
general circulation in the county.
SECTION 16. Section 294.103(c), Health and Safety Code, is
amended to read as follows:
(c) Money deposited to the local provider participation
fund may be used only to:
(1) fund intergovernmental transfers from the county
to the state to provide:
(A) the nonfederal share of a Medicaid
supplemental payment program authorized under the state Medicaid
plan, the Texas Healthcare Transformation and Quality Improvement
Program waiver issued under Section 1115 of the federal Social
Security Act (42 U.S.C. Section 1315), or a successor waiver
program authorizing similar Medicaid supplemental payment
programs; or
(B) payments to Medicaid managed care
organizations that are dedicated for payment to hospitals;
(2) subsidize indigent programs;
(3) pay the administrative expenses of the county
solely for activities under this chapter;
(4) refund a portion of a mandatory payment collected
in error from a paying hospital; [and]
(5) refund to paying hospitals the proportionate share
of money received by the county from the Health and Human Services
Commission that is not used to fund the nonfederal share of Medicaid
supplemental payment program payments; and
(6) refund to paying hospitals the proportionate share
of money that the county determines cannot be used to fund the
nonfederal share of Medicaid supplemental payment program
payments.
SECTION 17. Section 294.152, Health and Safety Code, is
amended to read as follows:
Sec. 294.152. ASSESSMENT AND COLLECTION OF MANDATORY
PAYMENTS. The county may collect or contract for the assessment and
collection of mandatory payments authorized under this chapter [(a)
Except as provided by Subsection (b), the county tax
assessor-collector shall collect the mandatory payment authorized
under this chapter. The county tax assessor-collector shall charge
and deduct from mandatory payments collected for the county a fee
for collecting the mandatory payment in an amount determined by the
commissioners court of the county, not to exceed the county tax
assessor-collector's usual and customary charges.
[(b) If determined by the commissioners court to be
appropriate, the commissioners court may contract for the
assessment and collection of mandatory payments in the manner
provided by Title 1, Tax Code, for the assessment and collection of
ad valorem taxes.
[(c) Revenue from a fee charged by a county tax
assessor-collector for collecting the mandatory payment shall be
deposited in the county general fund and, if appropriate, shall be
reported as fees of the county tax assessor-collector].
SECTION 18. Section 295.101(b), Health and Safety Code, is
amended to read as follows:
(b) Not later than the fifth [10th] day before the date of
the hearing required under Subsection (a), the governing body of
the municipality shall publish notice of the hearing in a newspaper
of general circulation in the municipality.
SECTION 19. Section 295.103(c), Health and Safety Code, is
amended to read as follows:
(c) Money deposited to the local provider participation
fund may be used only to:
(1) fund intergovernmental transfers from the
municipality to the state to provide:
(A) the nonfederal share of a Medicaid
supplemental payment program authorized under the state Medicaid
plan, the Texas Healthcare Transformation and Quality Improvement
Program waiver issued under Section 1115 of the federal Social
Security Act (42 U.S.C. Section 1315), or a successor waiver
program authorizing similar Medicaid supplemental payment
programs; or
(B) payments to Medicaid managed care
organizations that are dedicated for payment to hospitals;
(2) subsidize indigent programs;
(3) pay the administrative expenses of the
municipality solely for activities under this chapter;
(4) refund a portion of a mandatory payment collected
in error from a paying hospital; [and]
(5) refund to paying hospitals the proportionate share
of money received by the municipality from the Health and Human
Services Commission that is not used to fund the nonfederal share of
Medicaid supplemental payment program payments; and
(6) refund to paying hospitals the proportionate share
of money that the governing body of the municipality determines
cannot be used to fund the nonfederal share of Medicaid
supplemental payment program payments.
SECTION 20. Section 295.152, Health and Safety Code, is
amended to read as follows:
Sec. 295.152. ASSESSMENT AND COLLECTION OF MANDATORY
PAYMENTS. The municipality may collect or contract for the
assessment and collection of mandatory payments authorized under
this chapter [(a) Except as provided by Subsection (b), the
municipal tax assessor-collector shall collect the mandatory
payment authorized under this chapter. The municipal tax
assessor-collector shall charge and deduct from mandatory payments
collected for the municipality a fee for collecting the mandatory
payment in an amount determined by the governing body of the
municipality, not to exceed the municipal tax assessor-collector's
usual and customary charges.
[(b) If determined by the governing body to be appropriate,
the governing body may contract for the assessment and collection
of mandatory payments in the manner provided by Title 1, Tax Code,
for the assessment and collection of ad valorem taxes.
[(c) Revenue from a fee charged by a municipal tax
assessor-collector for collecting the mandatory payment shall be
deposited in the municipal general fund and, if appropriate, shall
be reported as fees of the municipal tax assessor-collector].
SECTION 21. Section 296.101(b), Health and Safety Code, is
amended to read as follows:
(b) Not later than the fifth [10th] day before the date of
the hearing required under Subsection (a), the commissioners court
of the county shall publish notice of the hearing in a newspaper of
general circulation in the county.
SECTION 22. Section 296.103(c), Health and Safety Code, is
amended to read as follows:
(c) Money deposited to the local provider participation
fund may be used only to:
(1) fund intergovernmental transfers from the county
to the state to provide:
(A) the nonfederal share of a Medicaid
supplemental payment program authorized under the state Medicaid
plan, the Texas Healthcare Transformation and Quality Improvement
Program waiver issued under Section 1115 of the federal Social
Security Act (42 U.S.C. Section 1315), or a successor waiver
program authorizing similar Medicaid supplemental payment
programs; or
(B) payments to Medicaid managed care
organizations that are dedicated for payment to hospitals;
(2) subsidize indigent programs;
(3) pay the administrative expenses of the county
solely for activities under this chapter;
(4) refund a portion of a mandatory payment collected
in error from a paying hospital; [and]
(5) refund to paying hospitals the proportionate share
of money received by the county from the Health and Human Services
Commission that is not used to fund the nonfederal share of Medicaid
supplemental payment program payments; and
(6) refund to paying hospitals the proportionate share
of money that the county determines cannot be used to fund the
nonfederal share of Medicaid supplemental payment program
payments.
SECTION 23. Section 296.152, Health and Safety Code, is
amended to read as follows:
Sec. 296.152. ASSESSMENT AND COLLECTION OF MANDATORY
PAYMENTS. The county may collect or contract for the assessment and
collection of mandatory payments authorized under this chapter [(a)
Except as provided by Subsection (b), the county tax
assessor-collector shall collect the mandatory payment authorized
under this chapter. The county tax assessor-collector shall charge
and deduct from mandatory payments collected for the county a fee
for collecting the mandatory payment in an amount determined by the
commissioners court of the county, not to exceed the county tax
assessor-collector's usual and customary charges.
[(b) If determined by the commissioners court to be
appropriate, the commissioners court may contract for the
assessment and collection of mandatory payments in the manner
provided by Title 1, Tax Code, for the assessment and collection of
ad valorem taxes.
[(c) Revenue from a fee charged by a county tax
assessor-collector for collecting the mandatory payment shall be
deposited in the county general fund and, if appropriate, shall be
reported as fees of the county tax assessor-collector].
SECTION 24. Section 297.001(1), Health and Safety Code, is
amended to read as follows:
(1) "Institutional health care provider" means a
nonpublic hospital that provides inpatient hospital services
[licensed under Chapter 241].
SECTION 25. Section 297.101(b), Health and Safety Code, is
amended to read as follows:
(b) Not later than the fifth [10th] day before the date of
the hearing required under Subsection (a), the commissioners court
of the county shall publish notice of the hearing in a newspaper of
general circulation in the county.
SECTION 26. Section 297.103(c), Health and Safety Code, is
amended to read as follows:
(c) Money deposited to the local provider participation
fund may be used only to:
(1) fund intergovernmental transfers from the county
to the state to provide:
(A) the nonfederal share of a Medicaid
supplemental payment program authorized under the state Medicaid
plan, the Texas Healthcare Transformation and Quality Improvement
Program waiver issued under Section 1115 of the federal Social
Security Act (42 U.S.C. Section 1315), or a successor waiver
program authorizing similar Medicaid supplemental payment
programs; or
(B) payments to Medicaid managed care
organizations that are dedicated for payment to hospitals;
(2) subsidize indigent programs;
(3) pay the administrative expenses of the county
solely for activities under this chapter;
(4) refund a portion of a mandatory payment collected
in error from a paying hospital; [and]
(5) refund to paying hospitals the proportionate share
of money received by the county from the Health and Human Services
Commission that is not used to fund the nonfederal share of Medicaid
supplemental payment program payments; and
(6) refund to paying hospitals the proportionate share
of money that the county determines cannot be used to fund the
nonfederal share of Medicaid supplemental payment program
payments.
SECTION 27. Section 297.152, Health and Safety Code, is
amended to read as follows:
Sec. 297.152. ASSESSMENT AND COLLECTION OF MANDATORY
PAYMENTS. The county may collect or contract for the assessment and
collection of mandatory payments authorized under this chapter [(a)
Except as provided by Subsection (b), the county tax
assessor-collector shall collect the mandatory payment authorized
under this chapter. The county tax assessor-collector shall charge
and deduct from mandatory payments collected for the county a fee
for collecting the mandatory payment in an amount determined by the
commissioners court of the county, not to exceed the county tax
assessor-collector's usual and customary charges.
[(b) If determined by the commissioners court to be
appropriate, the commissioners court may contract for the
assessment and collection of mandatory payments in the manner
provided by Title 1, Tax Code, for the assessment and collection of
ad valorem taxes.
[(c) Revenue from a fee charged by a county tax
assessor-collector for collecting the mandatory payment shall be
deposited in the county general fund and, if appropriate, shall be
reported as fees of the county tax assessor-collector].
SECTION 28. 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, 2017.