86R6646 JCG-F
By: Zerwas H.B. No. 2966
A BILL TO BE ENTITLED
AN ACT
relating to facilities and services for the care of the elderly or
persons with disabilities in certain municipal hospital
authorities, hospital districts, or other authorities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 262.034(e), (f), and (g), Health and
Safety Code, are amended to read as follows:
(e) This section applies only to an authority:
(1) that owns or operates a hospital licensed under
Chapter 241 and that is located in:
(A) [(1)] a county with a population of 225,000
or less;
(B) [(2)] those portions of extended
municipalities that the federal census bureau has determined to be
rural;
(C) [(3)] an area that is not delineated as an
urbanized area by the federal census bureau; or
(D) [(4)] a municipality with a population of
less than 12,000 and a county with a population of 2.5 million or
more at the time the authority begins operating a facility or
providing a service described by Subsection (a); or
(2) that owns or operates a facility described by
Subsection (a) that participates in the Quality Incentive Payment
Program (QIPP) or a successor Medicaid supplemental payment
program.
(f) This section does not authorize an authority described
by Subsection (e)(1) [the authority] to issue revenue bonds or
other notes in accordance with this chapter to construct, acquire,
own, enlarge, improve, furnish, or equip a facility or service
listed in Subsection (a) if a private provider of the facility or
service is available and accessible in the service area of the
authority.
(g) An authority described by Subsection (e)(1)(D) [(e)(4)]
may not own or operate more than 50 licensed nursing home beds under
this section and is not subject to Subsection (f).
SECTION 2. Sections 285.101(a) and (d), Health and Safety
Code, are amended to read as follows:
(a) This subchapter applies only to a hospital, hospital
district, or authority created and operated under Article IX, Texas
Constitution, under a special law, or under this title:
(1) that is located in:
(A) [(1)] a county with a population of 35,000 or
less;
(B) [(2)] those portions of extended
municipalities that the federal census bureau has determined to be
rural; or
(C) [(3)] an area that is not delineated as an
urbanized area by the federal census bureau; or
(2) that owns or operates a facility described by
Subsection (b) that participates in the Quality Incentive Payment
Program (QIPP) or a successor Medicaid supplemental payment
program.
(d) This section does not authorize a hospital, hospital
district, or authority described by Subsection (a)(1) to issue
revenue bonds or other notes in accordance with this chapter to
construct, acquire, own, enlarge, improve, furnish, or equip a
facility or service listed in Subsection (b)(1) if a private
provider of the facility or service is available and accessible in
the service area of the hospital, hospital district, or authority.
SECTION 3. This Act takes effect September 1, 2019.