TX
Texas Senate Bill SB1462

Texas 2017 - 85th Regular

Texas Senate Bill SB1462 Compare Versions

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1-S.B. No. 1462
1+By: Hinojosa, et al. S.B. No. 1462
2+ (Lucio III)
23
34
5+ A BILL TO BE ENTITLED
46 AN ACT
5- relating to the creation and operation of certain local health care
6- provider participation programs.
7+ relating to local health care provider participation programs in
8+ certain counties and municipalities.
79 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8- SECTION 1. Section 288.151(b), Health and Safety Code, is
9- amended to read as follows:
10- (b) Not later than the fifth [10th] day before the date of
11- the hearing, the commission shall publish at least once notice of
12- the hearing in a newspaper of general circulation in the county in
13- which the district is located.
14- SECTION 2. Section 288.155(c), Health and Safety Code, is
10+ SECTION 1. Section 288.155(c), Health and Safety Code, is
1511 amended to read as follows:
1612 (c) Money deposited to the local provider participation
1713 fund may be used only to:
1814 (1) fund intergovernmental transfers from the
1915 district to the state to provide:
2016 (A) the nonfederal share of a Medicaid
2117 supplemental payment program authorized under the state Medicaid
2218 plan, the Texas Healthcare Transformation and Quality Improvement
2319 Program waiver issued under Section 1115 of the federal Social
2420 Security Act (42 U.S.C. Section 1315), or a successor waiver
2521 program authorizing similar Medicaid supplemental payment
2622 programs; or
2723 (B) payments to Medicaid managed care
2824 organizations that are dedicated for payment to hospitals;
2925 (2) subsidize indigent programs;
3026 (3) pay the administrative expenses of the district;
3127 (4) refund a portion of a mandatory payment collected
3228 in error from a paying hospital; [and]
3329 (5) refund to paying hospitals the proportionate share
3430 of the money received by the district from the Health and Human
3531 Services Commission that is not used to fund the nonfederal share of
3632 Medicaid supplemental payment program payments; and
3733 (6) refund to paying hospitals the proportionate share
3834 of money that the district determines cannot be used to fund the
3935 nonfederal share of Medicaid supplemental payment program
4036 payments.
41- SECTION 3. Section 288.202, Health and Safety Code, is
37+ SECTION 2. Section 288.202, Health and Safety Code, is
4238 amended to read as follows:
4339 Sec. 288.202. ASSESSMENT AND COLLECTION OF MANDATORY
44- PAYMENTS. The district may collect or, using a competitive bidding
45- process, contract for the assessment and collection of mandatory
46- payments required under this chapter [(a) Except as provided by
47- Subsection (b), the county tax assessor-collector shall collect a
48- mandatory payment required under this subchapter. The county tax
49- assessor-collector shall charge and deduct from mandatory payments
50- collected for the district a fee for collecting the mandatory
51- payment in an amount determined by the commission, not to exceed the
52- county tax assessor-collector's usual and customary charges.
40+ PAYMENTS. The district may collect or contract for the assessment
41+ and collection of mandatory payments required under this chapter
42+ [(a) Except as provided by Subsection (b), the county tax
43+ assessor-collector shall collect a mandatory payment required
44+ under this subchapter. The county tax assessor-collector shall
45+ charge and deduct from mandatory payments collected for the
46+ district a fee for collecting the mandatory payment in an amount
47+ determined by the commission, not to exceed the county tax
48+ assessor-collector's usual and customary charges.
5349 [(b) If determined by the commission to be appropriate, the
5450 commission may contract for the assessment and collection of
5551 mandatory payments in the manner provided by Title 1, Tax Code, for
5652 the assessment and collection of ad valorem taxes.
5753 [(c) Revenue from a fee charged by a county tax
5854 assessor-collector for collecting the mandatory payment shall be
5955 deposited in the county general fund and, if appropriate, shall be
6056 reported as fees of the county tax assessor-collector].
61- SECTION 4. Section 291.101(b), Health and Safety Code, is
62- amended to read as follows:
63- (b) Not later than the fifth [10th] day before the date of
64- the hearing required under Subsection (a), the commissioners court
65- of the county shall publish notice of the hearing in a newspaper of
66- general circulation in the county.
67- SECTION 5. Section 291.103(c), Health and Safety Code, is
57+ SECTION 3. Section 291.103(c), Health and Safety Code, is
6858 amended to read as follows:
6959 (c) Money deposited to the local provider participation
7060 fund may be used only to:
7161 (1) fund intergovernmental transfers from the county
7262 to the state to provide:
7363 (A) the nonfederal share of a Medicaid
7464 supplemental payment program authorized under the state Medicaid
7565 plan, the Texas Healthcare Transformation and Quality Improvement
7666 Program waiver issued under Section 1115 of the federal Social
7767 Security Act (42 U.S.C. Section 1315), or a successor waiver
7868 program authorizing similar Medicaid supplemental payment
7969 programs; or
8070 (B) payments to Medicaid managed care
8171 organizations that are dedicated for payment to hospitals;
8272 (2) subsidize indigent programs;
8373 (3) pay the administrative expenses of the county
8474 solely for activities under this chapter;
8575 (4) refund a portion of a mandatory payment collected
8676 in error from a paying hospital; [and]
8777 (5) refund to paying hospitals the proportionate share
8878 of money received by the county from the Health and Human Services
8979 Commission that is not used to fund the nonfederal share of Medicaid
9080 supplemental payment program payments; and
9181 (6) refund to paying hospitals the proportionate share
9282 of money that the county determines cannot be used to fund the
9383 nonfederal share of Medicaid supplemental payment program
9484 payments.
95- SECTION 6. Section 291.152, Health and Safety Code, is
85+ SECTION 4. Section 291.152, Health and Safety Code, is
9686 amended to read as follows:
9787 Sec. 291.152. ASSESSMENT AND COLLECTION OF MANDATORY
98- PAYMENTS. The county may collect or, using a competitive bidding
99- process, contract for the assessment and collection of mandatory
100- payments authorized under this chapter [(a) Except as provided by
101- Subsection (b), the county tax assessor-collector shall collect the
102- mandatory payment authorized under this chapter. The county tax
103- assessor-collector shall charge and deduct from mandatory payments
104- collected for the county a fee for collecting the mandatory payment
105- in an amount determined by the commissioners court of the county,
106- not to exceed the county tax assessor-collector's usual and
107- customary charges.
88+ PAYMENTS. The county may collect or contract for the assessment and
89+ collection of mandatory payments authorized under this chapter
90+ [(a) Except as provided by Subsection (b), the county tax
91+ assessor-collector shall collect the mandatory payment authorized
92+ under this chapter. The county tax assessor-collector shall charge
93+ and deduct from mandatory payments collected for the county a fee
94+ for collecting the mandatory payment in an amount determined by the
95+ commissioners court of the county, not to exceed the county tax
96+ assessor-collector's usual and customary charges.
10897 [(b) If determined by the commissioners court to be
10998 appropriate, the commissioners court may contract for the
11099 assessment and collection of mandatory payments in the manner
111100 provided by Title 1, Tax Code, for the assessment and collection of
112101 ad valorem taxes.
113102 [(c) Revenue from a fee charged by a county tax
114103 assessor-collector for collecting the mandatory payment shall be
115104 deposited in the county general fund and, if appropriate, shall be
116105 reported as fees of the county tax assessor-collector].
117- SECTION 7. Section 292.101(b), Health and Safety Code, is
118- amended to read as follows:
119- (b) Not later than the fifth [10th] day before the date of
120- the hearing required under Subsection (a), the commissioners court
121- of the county shall publish notice of the hearing in a newspaper of
122- general circulation in the county.
123- SECTION 8. Section 292.103(c), Health and Safety Code, is
106+ SECTION 5. Section 292.103(c), Health and Safety Code, is
124107 amended to read as follows:
125108 (c) Money deposited to the local provider participation
126109 fund may be used only to:
127110 (1) fund intergovernmental transfers from the county
128111 to the state to provide:
129112 (A) the nonfederal share of a Medicaid
130113 supplemental payment program authorized under the state Medicaid
131114 plan, the Texas Healthcare Transformation and Quality Improvement
132115 Program waiver issued under Section 1115 of the federal Social
133116 Security Act (42 U.S.C. Section 1315), or a successor waiver
134117 program authorizing similar Medicaid supplemental payment
135118 programs; or
136119 (B) payments to Medicaid managed care
137120 organizations that are dedicated for payment to hospitals;
138121 (2) subsidize indigent programs;
139122 (3) pay the administrative expenses of the county
140123 solely for activities under this chapter;
141124 (4) refund a portion of a mandatory payment collected
142125 in error from a paying hospital; [and]
143126 (5) refund to paying hospitals the proportionate share
144127 of money received by the county from the Health and Human Services
145128 Commission that is not used to fund the nonfederal share of Medicaid
146129 supplemental payment program payments; and
147130 (6) refund to paying hospitals the proportionate share
148131 of money that the county determines cannot be used to fund the
149132 nonfederal share of Medicaid supplemental payment program
150133 payments.
151- SECTION 9. Section 292.152, Health and Safety Code, is
134+ SECTION 6. Section 292.152, Health and Safety Code, is
152135 amended to read as follows:
153136 Sec. 292.152. ASSESSMENT AND COLLECTION OF MANDATORY
154- PAYMENTS. The county may collect or, using a competitive bidding
155- process, contract for the assessment and collection of mandatory
156- payments authorized under this chapter [(a) Except as provided by
157- Subsection (b), the county tax assessor-collector shall collect the
158- mandatory payment authorized under this chapter. The county tax
159- assessor-collector shall charge and deduct from mandatory payments
160- collected for the county a fee for collecting the mandatory payment
161- in an amount determined by the commissioners court of the county,
162- not to exceed the county tax assessor-collector's usual and
163- customary charges.
137+ PAYMENTS. The county may collect or contract for the assessment and
138+ collection of mandatory payments authorized under this chapter
139+ [(a) Except as provided by Subsection (b), the county tax
140+ assessor-collector shall collect the mandatory payment authorized
141+ under this chapter. The county tax assessor-collector shall charge
142+ and deduct from mandatory payments collected for the county a fee
143+ for collecting the mandatory payment in an amount determined by the
144+ commissioners court of the county, not to exceed the county tax
145+ assessor-collector's usual and customary charges.
164146 [(b) If determined by the commissioners court to be
165147 appropriate, the commissioners court may contract for the
166148 assessment and collection of mandatory payments in the manner
167149 provided by Title 1, Tax Code, for the assessment and collection of
168150 ad valorem taxes.
169151 [(c) Revenue from a fee charged by a county tax
170152 assessor-collector for collecting the mandatory payment shall be
171153 deposited in the county general fund and, if appropriate, shall be
172154 reported as fees of the county tax assessor-collector].
173- SECTION 10. Section 293.001(1), Health and Safety Code, is
155+ SECTION 7. Section 293.001(1), Health and Safety Code, is
174156 amended to read as follows:
175157 (1) "Institutional health care provider" means a
176158 nonpublic hospital that provides inpatient hospital services
177159 [licensed under Chapter 241].
178- SECTION 11. Section 293.101(b), Health and Safety Code, is
179- amended to read as follows:
180- (b) Not later than the fifth [10th] day before the date of
181- the hearing required under Subsection (a), the commissioners court
182- of the county shall publish notice of the hearing in a newspaper of
183- general circulation in the county.
184- SECTION 12. Section 293.103(c), Health and Safety Code, is
160+ SECTION 8. Section 293.103(c), Health and Safety Code, is
185161 amended to read as follows:
186162 (c) Money deposited to the local provider participation
187163 fund may be used only to:
188164 (1) fund intergovernmental transfers from the county
189165 to the state to provide:
190166 (A) the nonfederal share of a Medicaid
191167 supplemental payment program authorized under the state Medicaid
192168 plan, the Texas Healthcare Transformation and Quality Improvement
193169 Program waiver issued under Section 1115 of the federal Social
194170 Security Act (42 U.S.C. Section 1315), or a successor waiver
195171 program authorizing similar Medicaid supplemental payment
196172 programs; or
197173 (B) payments to Medicaid managed care
198174 organizations that are dedicated for payment to hospitals;
199175 (2) subsidize indigent programs;
200176 (3) pay the administrative expenses of the county
201177 solely for activities under this chapter;
202178 (4) refund a portion of a mandatory payment collected
203179 in error from a paying hospital; [and]
204180 (5) refund to paying hospitals the proportionate share
205181 of money received by the county from the Health and Human Services
206182 Commission that is not used to fund the nonfederal share of Medicaid
207183 supplemental payment program payments; and
208184 (6) refund to paying hospitals the proportionate share
209185 of money that the county determines cannot be used to fund the
210186 nonfederal share of Medicaid supplemental payment program
211187 payments.
212- SECTION 13. Section 293.152, Health and Safety Code, is
188+ SECTION 9. Section 293.152, Health and Safety Code, is
213189 amended to read as follows:
214190 Sec. 293.152. ASSESSMENT AND COLLECTION OF MANDATORY
215- PAYMENTS. The county may collect or, using a competitive bidding
216- process, contract for the assessment and collection of mandatory
217- payments authorized under this chapter [(a) Except as provided by
218- Subsection (b), the county tax assessor-collector shall collect the
219- mandatory payment authorized under this chapter. The county tax
220- assessor-collector shall charge and deduct from mandatory payments
221- collected for the county a fee for collecting the mandatory payment
222- in an amount determined by the commissioners court of the county,
223- not to exceed the county tax assessor-collector's usual and
224- customary charges.
191+ PAYMENTS. The county may collect or contract for the assessment and
192+ collection of mandatory payments authorized under this chapter
193+ [(a) Except as provided by Subsection (b), the county tax
194+ assessor-collector shall collect the mandatory payment authorized
195+ under this chapter. The county tax assessor-collector shall charge
196+ and deduct from mandatory payments collected for the county a fee
197+ for collecting the mandatory payment in an amount determined by the
198+ commissioners court of the county, not to exceed the county tax
199+ assessor-collector's usual and customary charges.
225200 [(b) If determined by the commissioners court to be
226201 appropriate, the commissioners court may contract for the
227202 assessment and collection of mandatory payments in the manner
228203 provided by Title 1, Tax Code, for the assessment and collection of
229204 ad valorem taxes.
230205 [(c) Revenue from a fee charged by a county tax
231206 assessor-collector for collecting the mandatory payment shall be
232207 deposited in the county general fund and, if appropriate, shall be
233208 reported as fees of the county tax assessor-collector].
234- SECTION 14. Section 294.001(1), Health and Safety Code, is
209+ SECTION 10. Section 294.001(1), Health and Safety Code, is
235210 amended to read as follows:
236211 (1) "Institutional health care provider" means a
237212 nonpublic hospital that provides inpatient hospital services
238213 [licensed under Chapter 241].
239- SECTION 15. Section 294.101(b), Health and Safety Code, is
240- amended to read as follows:
241- (b) Not later than the fifth [10th] day before the date of
242- the hearing required under Subsection (a), the commissioners court
243- of the county shall publish notice of the hearing in a newspaper of
244- general circulation in the county.
245- SECTION 16. Section 294.103(c), Health and Safety Code, is
214+ SECTION 11. Section 294.103(c), Health and Safety Code, is
246215 amended to read as follows:
247216 (c) Money deposited to the local provider participation
248217 fund may be used only to:
249218 (1) fund intergovernmental transfers from the county
250219 to the state to provide:
251220 (A) the nonfederal share of a Medicaid
252221 supplemental payment program authorized under the state Medicaid
253222 plan, the Texas Healthcare Transformation and Quality Improvement
254223 Program waiver issued under Section 1115 of the federal Social
255224 Security Act (42 U.S.C. Section 1315), or a successor waiver
256225 program authorizing similar Medicaid supplemental payment
257226 programs; or
258227 (B) payments to Medicaid managed care
259228 organizations that are dedicated for payment to hospitals;
260229 (2) subsidize indigent programs;
261230 (3) pay the administrative expenses of the county
262231 solely for activities under this chapter;
263232 (4) refund a portion of a mandatory payment collected
264233 in error from a paying hospital; [and]
265234 (5) refund to paying hospitals the proportionate share
266235 of money received by the county from the Health and Human Services
267236 Commission that is not used to fund the nonfederal share of Medicaid
268237 supplemental payment program payments; and
269238 (6) refund to paying hospitals the proportionate share
270239 of money that the county determines cannot be used to fund the
271240 nonfederal share of Medicaid supplemental payment program
272241 payments.
273- SECTION 17. Section 294.152, Health and Safety Code, is
242+ SECTION 12. Section 294.152, Health and Safety Code, is
274243 amended to read as follows:
275244 Sec. 294.152. ASSESSMENT AND COLLECTION OF MANDATORY
276- PAYMENTS. The county may collect or, using a competitive bidding
277- process, contract for the assessment and collection of mandatory
278- payments authorized under this chapter [(a) Except as provided by
279- Subsection (b), the county tax assessor-collector shall collect the
280- mandatory payment authorized under this chapter. The county tax
281- assessor-collector shall charge and deduct from mandatory payments
282- collected for the county a fee for collecting the mandatory payment
283- in an amount determined by the commissioners court of the county,
284- not to exceed the county tax assessor-collector's usual and
285- customary charges.
245+ PAYMENTS. The county may collect or contract for the assessment and
246+ collection of mandatory payments authorized under this chapter
247+ [(a) Except as provided by Subsection (b), the county tax
248+ assessor-collector shall collect the mandatory payment authorized
249+ under this chapter. The county tax assessor-collector shall charge
250+ and deduct from mandatory payments collected for the county a fee
251+ for collecting the mandatory payment in an amount determined by the
252+ commissioners court of the county, not to exceed the county tax
253+ assessor-collector's usual and customary charges.
286254 [(b) If determined by the commissioners court to be
287255 appropriate, the commissioners court may contract for the
288256 assessment and collection of mandatory payments in the manner
289257 provided by Title 1, Tax Code, for the assessment and collection of
290258 ad valorem taxes.
291259 [(c) Revenue from a fee charged by a county tax
292260 assessor-collector for collecting the mandatory payment shall be
293261 deposited in the county general fund and, if appropriate, shall be
294262 reported as fees of the county tax assessor-collector].
295- SECTION 18. Section 295.101(b), Health and Safety Code, is
296- amended to read as follows:
297- (b) Not later than the fifth [10th] day before the date of
298- the hearing required under Subsection (a), the governing body of
299- the municipality shall publish notice of the hearing in a newspaper
300- of general circulation in the municipality.
301- SECTION 19. Section 295.103(c), Health and Safety Code, is
263+ SECTION 13. Section 295.103(c), Health and Safety Code, is
302264 amended to read as follows:
303265 (c) Money deposited to the local provider participation
304266 fund may be used only to:
305267 (1) fund intergovernmental transfers from the
306268 municipality to the state to provide:
307269 (A) the nonfederal share of a Medicaid
308270 supplemental payment program authorized under the state Medicaid
309271 plan, the Texas Healthcare Transformation and Quality Improvement
310272 Program waiver issued under Section 1115 of the federal Social
311273 Security Act (42 U.S.C. Section 1315), or a successor waiver
312274 program authorizing similar Medicaid supplemental payment
313275 programs; or
314276 (B) payments to Medicaid managed care
315277 organizations that are dedicated for payment to hospitals;
316278 (2) subsidize indigent programs;
317279 (3) pay the administrative expenses of the
318280 municipality solely for activities under this chapter;
319281 (4) refund a portion of a mandatory payment collected
320282 in error from a paying hospital; [and]
321283 (5) refund to paying hospitals the proportionate share
322284 of money received by the municipality from the Health and Human
323285 Services Commission that is not used to fund the nonfederal share of
324286 Medicaid supplemental payment program payments; and
325287 (6) refund to paying hospitals the proportionate share
326288 of money that the governing body of the municipality determines
327289 cannot be used to fund the nonfederal share of Medicaid
328290 supplemental payment program payments.
329- SECTION 20. Section 295.152, Health and Safety Code, is
291+ SECTION 14. Section 295.152, Health and Safety Code, is
330292 amended to read as follows:
331293 Sec. 295.152. ASSESSMENT AND COLLECTION OF MANDATORY
332- PAYMENTS. The municipality may collect or, using a competitive
333- bidding process, contract for the assessment and collection of
334- mandatory payments authorized under this chapter [(a) Except as
335- provided by Subsection (b), the municipal tax assessor-collector
336- shall collect the mandatory payment authorized under this chapter.
337- The municipal tax assessor-collector shall charge and deduct from
338- mandatory payments collected for the municipality a fee for
339- collecting the mandatory payment in an amount determined by the
340- governing body of the municipality, not to exceed the municipal tax
341- assessor-collector's usual and customary charges.
294+ PAYMENTS. The municipality may collect or contract for the
295+ assessment and collection of mandatory payments authorized under
296+ this chapter [(a) Except as provided by Subsection (b), the
297+ municipal tax assessor-collector shall collect the mandatory
298+ payment authorized under this chapter. The municipal tax
299+ assessor-collector shall charge and deduct from mandatory payments
300+ collected for the municipality a fee for collecting the mandatory
301+ payment in an amount determined by the governing body of the
302+ municipality, not to exceed the municipal tax assessor-collector's
303+ usual and customary charges.
342304 [(b) If determined by the governing body to be appropriate,
343305 the governing body may contract for the assessment and collection
344306 of mandatory payments in the manner provided by Title 1, Tax Code,
345307 for the assessment and collection of ad valorem taxes.
346308 [(c) Revenue from a fee charged by a municipal tax
347309 assessor-collector for collecting the mandatory payment shall be
348310 deposited in the municipal general fund and, if appropriate, shall
349311 be reported as fees of the municipal tax assessor-collector].
350- SECTION 21. Section 296.101(b), Health and Safety Code, is
351- amended to read as follows:
352- (b) Not later than the fifth [10th] day before the date of
353- the hearing required under Subsection (a), the commissioners court
354- of the county shall publish notice of the hearing in a newspaper of
355- general circulation in the county.
356- SECTION 22. Section 296.103(c), Health and Safety Code, is
312+ SECTION 15. Section 296.103(c), Health and Safety Code, is
357313 amended to read as follows:
358314 (c) Money deposited to the local provider participation
359315 fund may be used only to:
360316 (1) fund intergovernmental transfers from the county
361317 to the state to provide:
362318 (A) the nonfederal share of a Medicaid
363319 supplemental payment program authorized under the state Medicaid
364320 plan, the Texas Healthcare Transformation and Quality Improvement
365321 Program waiver issued under Section 1115 of the federal Social
366322 Security Act (42 U.S.C. Section 1315), or a successor waiver
367323 program authorizing similar Medicaid supplemental payment
368324 programs; or
369325 (B) payments to Medicaid managed care
370326 organizations that are dedicated for payment to hospitals;
371327 (2) subsidize indigent programs;
372328 (3) pay the administrative expenses of the county
373329 solely for activities under this chapter;
374330 (4) refund a portion of a mandatory payment collected
375331 in error from a paying hospital; [and]
376332 (5) refund to paying hospitals the proportionate share
377333 of money received by the county from the Health and Human Services
378334 Commission that is not used to fund the nonfederal share of Medicaid
379335 supplemental payment program payments; and
380336 (6) refund to paying hospitals the proportionate share
381337 of money that the county determines cannot be used to fund the
382338 nonfederal share of Medicaid supplemental payment program
383339 payments.
384- SECTION 23. Section 296.152, Health and Safety Code, is
340+ SECTION 16. Section 296.152, Health and Safety Code, is
385341 amended to read as follows:
386342 Sec. 296.152. ASSESSMENT AND COLLECTION OF MANDATORY
387- PAYMENTS. The county may collect or, using a competitive bidding
388- process, contract for the assessment and collection of mandatory
389- payments authorized under this chapter [(a) Except as provided by
390- Subsection (b), the county tax assessor-collector shall collect the
391- mandatory payment authorized under this chapter. The county tax
392- assessor-collector shall charge and deduct from mandatory payments
393- collected for the county a fee for collecting the mandatory payment
394- in an amount determined by the commissioners court of the county,
395- not to exceed the county tax assessor-collector's usual and
396- customary charges.
343+ PAYMENTS. The county may collect or contract for the assessment and
344+ collection of mandatory payments authorized under this chapter
345+ [(a) Except as provided by Subsection (b), the county tax
346+ assessor-collector shall collect the mandatory payment authorized
347+ under this chapter. The county tax assessor-collector shall charge
348+ and deduct from mandatory payments collected for the county a fee
349+ for collecting the mandatory payment in an amount determined by the
350+ commissioners court of the county, not to exceed the county tax
351+ assessor-collector's usual and customary charges.
397352 [(b) If determined by the commissioners court to be
398353 appropriate, the commissioners court may contract for the
399354 assessment and collection of mandatory payments in the manner
400355 provided by Title 1, Tax Code, for the assessment and collection of
401356 ad valorem taxes.
402357 [(c) Revenue from a fee charged by a county tax
403358 assessor-collector for collecting the mandatory payment shall be
404359 deposited in the county general fund and, if appropriate, shall be
405360 reported as fees of the county tax assessor-collector].
406- SECTION 24. Section 297.001(1), Health and Safety Code, is
361+ SECTION 17. Section 297.001(1), Health and Safety Code, is
407362 amended to read as follows:
408363 (1) "Institutional health care provider" means a
409364 nonpublic hospital that provides inpatient hospital services
410365 [licensed under Chapter 241].
411- SECTION 25. Section 297.101(b), Health and Safety Code, is
412- amended to read as follows:
413- (b) Not later than the fifth [10th] day before the date of
414- the hearing required under Subsection (a), the commissioners court
415- of the county shall publish notice of the hearing in a newspaper of
416- general circulation in the county.
417- SECTION 26. Section 297.103(c), Health and Safety Code, is
366+ SECTION 18. Section 297.103(c), Health and Safety Code, is
418367 amended to read as follows:
419368 (c) Money deposited to the local provider participation
420369 fund may be used only to:
421370 (1) fund intergovernmental transfers from the county
422371 to the state to provide:
423372 (A) the nonfederal share of a Medicaid
424373 supplemental payment program authorized under the state Medicaid
425374 plan, the Texas Healthcare Transformation and Quality Improvement
426375 Program waiver issued under Section 1115 of the federal Social
427376 Security Act (42 U.S.C. Section 1315), or a successor waiver
428377 program authorizing similar Medicaid supplemental payment
429378 programs; or
430379 (B) payments to Medicaid managed care
431380 organizations that are dedicated for payment to hospitals;
432381 (2) subsidize indigent programs;
433382 (3) pay the administrative expenses of the county
434383 solely for activities under this chapter;
435384 (4) refund a portion of a mandatory payment collected
436385 in error from a paying hospital; [and]
437386 (5) refund to paying hospitals the proportionate share
438387 of money received by the county from the Health and Human Services
439388 Commission that is not used to fund the nonfederal share of Medicaid
440389 supplemental payment program payments; and
441390 (6) refund to paying hospitals the proportionate share
442391 of money that the county determines cannot be used to fund the
443392 nonfederal share of Medicaid supplemental payment program
444393 payments.
445- SECTION 27. Section 297.152, Health and Safety Code, is
394+ SECTION 19. Section 297.152, Health and Safety Code, is
446395 amended to read as follows:
447396 Sec. 297.152. ASSESSMENT AND COLLECTION OF MANDATORY
448- PAYMENTS. The county may collect or, using a competitive bidding
449- process, contract for the assessment and collection of mandatory
450- payments authorized under this chapter [(a) Except as provided by
451- Subsection (b), the county tax assessor-collector shall collect the
452- mandatory payment authorized under this chapter. The county tax
453- assessor-collector shall charge and deduct from mandatory payments
454- collected for the county a fee for collecting the mandatory payment
455- in an amount determined by the commissioners court of the county,
456- not to exceed the county tax assessor-collector's usual and
457- customary charges.
397+ PAYMENTS. The county may collect or contract for the assessment and
398+ collection of mandatory payments authorized under this chapter
399+ [(a) Except as provided by Subsection (b), the county tax
400+ assessor-collector shall collect the mandatory payment authorized
401+ under this chapter. The county tax assessor-collector shall charge
402+ and deduct from mandatory payments collected for the county a fee
403+ for collecting the mandatory payment in an amount determined by the
404+ commissioners court of the county, not to exceed the county tax
405+ assessor-collector's usual and customary charges.
458406 [(b) If determined by the commissioners court to be
459407 appropriate, the commissioners court may contract for the
460408 assessment and collection of mandatory payments in the manner
461409 provided by Title 1, Tax Code, for the assessment and collection of
462410 ad valorem taxes.
463411 [(c) Revenue from a fee charged by a county tax
464412 assessor-collector for collecting the mandatory payment shall be
465413 deposited in the county general fund and, if appropriate, shall be
466414 reported as fees of the county tax assessor-collector].
467- SECTION 28. Subtitle D, Title 4, Health and Safety Code, is
468- amended by adding Chapter 298B to read as follows:
469- CHAPTER 298B. TARRANT COUNTY HOSPITAL DISTRICT HEALTH CARE
470- PROVIDER PARTICIPATION PROGRAM
471- SUBCHAPTER A. GENERAL PROVISIONS
472- Sec. 298B.001. DEFINITIONS. In this chapter:
473- (1) "Board" means the board of hospital managers of
474- the district.
475- (2) "District" means the Tarrant County Hospital
476- District.
477- (3) "Institutional health care provider" means a
478- nonpublic hospital located in the district that provides inpatient
479- hospital services.
480- (4) "Paying provider" means an institutional health
481- care provider required to make a mandatory payment under this
482- chapter.
483- (5) "Program" means the health care provider
484- participation program authorized by this chapter.
485- Sec. 298B.002. APPLICABILITY. This chapter applies only to
486- the Tarrant County Hospital District.
487- Sec. 298B.003. HEALTH CARE PROVIDER PARTICIPATION PROGRAM;
488- PARTICIPATION IN PROGRAM. The board may authorize the district to
489- participate in a health care provider participation program on the
490- affirmative vote of a majority of the board, subject to the
491- provisions of this chapter.
492- Sec. 298B.004. EXPIRATION OF AUTHORITY. (a) Subject to
493- Sections 298B.153(d) and 298B.154, the authority of the district to
494- administer and operate a program under this chapter expires
495- December 31, 2019.
496- (b) Subsection (a) does not affect the authority of the
497- district to require and collect a mandatory payment under Section
498- 298B.154 after December 31, 2019, if necessary.
499- SUBCHAPTER B. POWERS AND DUTIES OF BOARD
500- Sec. 298B.051. LIMITATION ON AUTHORITY TO REQUIRE MANDATORY
501- PAYMENT. The board may require a mandatory payment authorized
502- under this chapter by an institutional health care provider in the
503- district only in the manner provided by this chapter.
504- Sec. 298B.052. RULES AND PROCEDURES. The board may adopt
505- rules relating to the administration of the program, including
506- collection of the mandatory payments, expenditures, audits, and any
507- other administrative aspects of the program.
508- Sec. 298B.053. INSTITUTIONAL HEALTH CARE PROVIDER
509- REPORTING. If the board authorizes the district to participate in a
510- program under this chapter, the board shall require each
511- institutional health care provider to submit to the district a copy
512- of any financial and utilization data required by and reported to
513- the Department of State Health Services under Sections 311.032 and
514- 311.033 and any rules adopted by the executive commissioner of the
515- Health and Human Services Commission to implement those sections.
516- SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS
517- Sec. 298B.101. HEARING. (a) In each year that the board
518- authorizes a program under this chapter, the board shall hold a
519- public hearing on the amounts of any mandatory payments that the
520- board intends to require during the year and how the revenue derived
521- from those payments is to be spent.
522- (b) Not later than the fifth day before the date of the
523- hearing required under Subsection (a), the board shall publish
524- notice of the hearing in a newspaper of general circulation in the
525- district and provide written notice of the hearing to each
526- institutional health care provider in the district.
527- Sec. 298B.102. DEPOSITORY. (a) If the board requires a
528- mandatory payment authorized under this chapter, the board shall
529- designate one or more banks as a depository for the district's local
530- provider participation fund.
531- (b) All funds collected under this chapter shall be secured
532- in the manner provided for securing other district funds.
533- Sec. 298B.103. LOCAL PROVIDER PARTICIPATION FUND;
534- AUTHORIZED USES OF MONEY. (a) If the district requires a
535- mandatory payment authorized under this chapter, the district shall
536- create a local provider participation fund.
537- (b) The local provider participation fund consists of:
538- (1) all revenue received by the district attributable
539- to mandatory payments authorized under this chapter;
540- (2) money received from the Health and Human Services
541- Commission as a refund of an intergovernmental transfer under the
542- program, provided that the intergovernmental transfer does not
543- receive a federal matching payment; and
544- (3) the earnings of the fund.
545- (c) Money deposited to the local provider participation
546- fund of the district may be used only to:
547- (1) fund intergovernmental transfers from the
548- district to the state to provide the nonfederal share of Medicaid
549- payments for:
550- (A) uncompensated care payments to nonpublic
551- hospitals affiliated with the district, if those payments are
552- authorized under the Texas Healthcare Transformation and Quality
553- Improvement Program waiver issued under Section 1115 of the federal
554- Social Security Act (42 U.S.C. Section 1315);
555- (B) uniform rate enhancements for nonpublic
556- hospitals in the Medicaid managed care service area in which the
557- district is located;
558- (C) payments available under another waiver
559- program authorizing payments that are substantially similar to
560- Medicaid payments to nonpublic hospitals described by Paragraph (A)
561- or (B); or
562- (D) any reimbursement to nonpublic hospitals for
563- which federal matching funds are available;
564- (2) subject to Section 298B.151(d), pay the
565- administrative expenses of the district in administering the
566- program, including collateralization of deposits;
567- (3) refund a mandatory payment collected in error from
568- a paying provider;
569- (4) refund to paying providers a proportionate share
570- of the money that the district:
571- (A) receives from the Health and Human Services
572- Commission that is not used to fund the nonfederal share of Medicaid
573- supplemental payment program payments; or
574- (B) determines cannot be used to fund the
575- nonfederal share of Medicaid supplemental payment program
576- payments;
577- (5) transfer funds to the Health and Human Services
578- Commission if the district is legally required to transfer the
579- funds to address a disallowance of federal matching funds with
580- respect to programs for which the district made intergovernmental
581- transfers described by Subdivision (1); and
582- (6) reimburse the district if the district is required
583- by the rules governing the uniform rate enhancement program
584- described by Subdivision (1)(B) to incur an expense or forego
585- Medicaid reimbursements from the state because the balance of the
586- local provider participation fund is not sufficient to fund that
587- rate enhancement program.
588- (d) Money in the local provider participation fund may not
589- be commingled with other district funds.
590- (e) Notwithstanding any other provision of this chapter,
591- with respect to an intergovernmental transfer of funds described by
592- Subsection (c)(1) made by the district, any funds received by the
593- state, district, or other entity as a result of that transfer may
594- not be used by the state, district, or any other entity to:
595- (1) expand Medicaid eligibility under the Patient
596- Protection and Affordable Care Act (Pub. L. No. 111-148) as amended
597- by the Health Care and Education Reconciliation Act of 2010 (Pub. L.
598- No. 111-152); or
599- (2) fund the nonfederal share of payments to nonpublic
600- hospitals available through the Medicaid disproportionate share
601- hospital program or the delivery system reform incentive payment
602- program.
603- SUBCHAPTER D. MANDATORY PAYMENTS
604- Sec. 298B.151. MANDATORY PAYMENTS BASED ON PAYING PROVIDER
605- NET PATIENT REVENUE. (a) Except as provided by Subsection (e), if
606- the board authorizes a health care provider participation program
607- under this chapter, the board may require an annual mandatory
608- payment to be assessed on the net patient revenue of each
609- institutional health care provider located in the district. The
610- board may provide for the mandatory payment to be assessed
611- quarterly. In the first year in which the mandatory payment is
612- required, the mandatory payment is assessed on the net patient
613- revenue of an institutional health care provider as determined by
614- the data reported to the Department of State Health Services under
615- Sections 311.032 and 311.033 in the most recent fiscal year for
616- which that data was reported. If the institutional health care
617- provider did not report any data under those sections, the
618- provider's net patient revenue is the amount of that revenue as
619- contained in the provider's Medicare cost report submitted for the
620- previous fiscal year or for the closest subsequent fiscal year for
621- which the provider submitted the Medicare cost report. If the
622- mandatory payment is required, the district shall update the amount
623- of the mandatory payment on an annual basis.
624- (b) The amount of a mandatory payment authorized under this
625- chapter must be uniformly proportionate with the amount of net
626- patient revenue generated by each paying provider in the district
627- as permitted under federal law. A health care provider
628- participation program authorized under this chapter may not hold
629- harmless any institutional health care provider, as required under
630- 42 U.S.C. Section 1396b(w).
631- (c) If the board requires a mandatory payment authorized
632- under this chapter, the board shall set the amount of the mandatory
633- payment, subject to the limitations of this chapter. The aggregate
634- amount of the mandatory payments required of all paying providers
635- in the district may not exceed six percent of the aggregate net
636- patient revenue from hospital services provided by all paying
637- providers in the district.
638- (d) Subject to Subsection (c), if the board requires a
639- mandatory payment authorized under this chapter, the board shall
640- set the mandatory payments in amounts that in the aggregate will
641- generate sufficient revenue to cover the administrative expenses of
642- the district for activities under this chapter and to fund an
643- intergovernmental transfer described by Section 298B.103(c)(1).
644- The annual amount of revenue from mandatory payments that shall be
645- paid for administrative expenses by the district is $150,000, plus
646- the cost of collateralization of deposits, regardless of actual
647- expenses.
648- (e) A paying provider may not add a mandatory payment
649- required under this section as a surcharge to a patient.
650- (f) A mandatory payment assessed under this chapter is not a
651- tax for hospital purposes for purposes of Section 4, Article IX,
652- Texas Constitution, or Section 281.045.
653- Sec. 298B.152. ASSESSMENT AND COLLECTION OF MANDATORY
654- PAYMENTS. (a) The district may designate an official of the
655- district or contract with another person to assess and collect the
656- mandatory payments authorized under this chapter.
657- (b) The person charged by the district with the assessment
658- and collection of mandatory payments shall charge and deduct from
659- the mandatory payments collected for the district a collection fee
660- in an amount not to exceed the person's usual and customary charges
661- for like services.
662- (c) If the person charged with the assessment and collection
663- of mandatory payments is an official of the district, any revenue
664- from a collection fee charged under Subsection (b) shall be
665- deposited in the district general fund and, if appropriate, shall
666- be reported as fees of the district.
667- Sec. 298B.153. PURPOSE; CORRECTION OF INVALID PROVISION OR
668- PROCEDURE; LIMITATION OF AUTHORITY. (a) The purpose of this
669- chapter is to authorize the district to establish a program to
670- enable the district to collect mandatory payments from
671- institutional health care providers to fund the nonfederal share of
672- a Medicaid supplemental payment program or the Medicaid managed
673- care rate enhancements for nonpublic hospitals to support the
674- provision of health care by institutional health care providers to
675- district residents in need of health care.
676- (b) This chapter does not authorize the district to collect
677- mandatory payments for the purpose of raising general revenue or
678- any amount in excess of the amount reasonably necessary to fund the
679- nonfederal share of a Medicaid supplemental payment program or
680- Medicaid managed care rate enhancements for nonpublic hospitals and
681- to cover the administrative expenses of the district associated
682- with activities under this chapter.
683- (c) To the extent any provision or procedure under this
684- chapter causes a mandatory payment authorized under this chapter to
685- be ineligible for federal matching funds, the board may provide by
686- rule for an alternative provision or procedure that conforms to the
687- requirements of the federal Centers for Medicare and Medicaid
688- Services. A rule adopted under this section may not create, impose,
689- or materially expand the legal or financial liability or
690- responsibility of the district or an institutional health care
691- provider in the district beyond the provisions of this chapter.
692- This section does not require the board to adopt a rule.
693- (d) The district may only assess and collect a mandatory
694- payment authorized under this chapter if a waiver program, uniform
695- rate enhancement, or reimbursement described by Section
696- 298B.103(c)(1) is available to the district.
697- Sec. 298B.154. FEDERAL DISALLOWANCE. Notwithstanding any
698- other provision of this chapter, if the Centers for Medicare and
699- Medicaid Services issues a disallowance of federal matching funds
700- for a purpose for which intergovernmental transfers described by
701- Section 298B.103(c)(1) were made and the Health and Human Services
702- Commission demands repayment from the district of federal funds
703- paid to the district for that purpose, the district may require and
704- collect mandatory payments from each paying provider that received
705- those federal funds in an amount sufficient to satisfy the
706- repayment demand made by the commission. The percentage limitation
707- prescribed by Section 298B.151(c) does not apply to a mandatory
708- payment required under this section.
709- SECTION 29. As soon as practicable after the expiration of
710- the authority of the Tarrant County Hospital District to administer
711- and operate a health care provider participation program under
712- Chapter 298B, Health and Safety Code, as added by this Act, the
713- board of hospital managers of the Tarrant County Hospital District
714- shall transfer to each institutional health care provider in the
715- district that provider's proportionate share of any remaining funds
716- in any local provider participation fund created by the district
717- under Section 298B.103, Health and Safety Code, as added by this
718- Act.
719- SECTION 30. If before implementing any provision of Chapter
720- 298B, Health and Safety Code, as added by this Act, a state agency
721- determines that a waiver or authorization from a federal agency is
722- necessary for implementation of that provision, the agency affected
723- by the provision shall request the waiver or authorization and may
724- delay implementing that provision until the waiver or authorization
725- is granted.
726- SECTION 31. This Act takes effect immediately if it
415+ SECTION 20. This Act takes effect immediately if it
727416 receives a vote of two-thirds of all the members elected to each
728417 house, as provided by Section 39, Article III, Texas Constitution.
729418 If this Act does not receive the vote necessary for immediate
730419 effect, this Act takes effect September 1, 2017.
731- ______________________________ ______________________________
732- President of the Senate Speaker of the House
733- I hereby certify that S.B. No. 1462 passed the Senate on
734- May 2, 2017, by the following vote: Yeas 28, Nays 3;
735- May 25, 2017, Senate refused to concur in House amendments and
736- requested appointment of Conference Committee; May 26, 2017, House
737- granted request of the Senate; May 28, 2017, Senate adopted
738- Conference Committee Report by the following vote: Yeas 26,
739- Nays 4.
740- ______________________________
741- Secretary of the Senate
742- I hereby certify that S.B. No. 1462 passed the House, with
743- amendments, on May 22, 2017, by the following vote: Yeas 123,
744- Nays 22, one present not voting; May 26, 2017, House granted
745- request of the Senate for appointment of Conference Committee;
746- May 28, 2017, House adopted Conference Committee Report by the
747- following vote: Yeas 134, Nays 12, one present not voting.
748- ______________________________
749- Chief Clerk of the House
750- Approved:
751- ______________________________
752- Date
753- ______________________________
754- Governor