| 1 | 1 | | 86R6646 JCG-F |
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| 2 | 2 | | By: Zerwas H.B. No. 2966 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to facilities and services for the care of the elderly or |
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| 8 | 8 | | persons with disabilities in certain municipal hospital |
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| 9 | 9 | | authorities, hospital districts, or other authorities. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Sections 262.034(e), (f), and (g), Health and |
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| 12 | 12 | | Safety Code, are amended to read as follows: |
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| 13 | 13 | | (e) This section applies only to an authority: |
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| 14 | 14 | | (1) that owns or operates a hospital licensed under |
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| 15 | 15 | | Chapter 241 and that is located in: |
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| 16 | 16 | | (A) [(1)] a county with a population of 225,000 |
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| 17 | 17 | | or less; |
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| 18 | 18 | | (B) [(2)] those portions of extended |
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| 19 | 19 | | municipalities that the federal census bureau has determined to be |
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| 20 | 20 | | rural; |
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| 21 | 21 | | (C) [(3)] an area that is not delineated as an |
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| 22 | 22 | | urbanized area by the federal census bureau; or |
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| 23 | 23 | | (D) [(4)] a municipality with a population of |
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| 24 | 24 | | less than 12,000 and a county with a population of 2.5 million or |
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| 25 | 25 | | more at the time the authority begins operating a facility or |
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| 26 | 26 | | providing a service described by Subsection (a); or |
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| 27 | 27 | | (2) that owns or operates a facility described by |
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| 28 | 28 | | Subsection (a) that participates in the Quality Incentive Payment |
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| 29 | 29 | | Program (QIPP) or a successor Medicaid supplemental payment |
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| 30 | 30 | | program. |
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| 31 | 31 | | (f) This section does not authorize an authority described |
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| 32 | 32 | | by Subsection (e)(1) [the authority] to issue revenue bonds or |
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| 33 | 33 | | other notes in accordance with this chapter to construct, acquire, |
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| 34 | 34 | | own, enlarge, improve, furnish, or equip a facility or service |
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| 35 | 35 | | listed in Subsection (a) if a private provider of the facility or |
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| 36 | 36 | | service is available and accessible in the service area of the |
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| 37 | 37 | | authority. |
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| 38 | 38 | | (g) An authority described by Subsection (e)(1)(D) [(e)(4)] |
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| 39 | 39 | | may not own or operate more than 50 licensed nursing home beds under |
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| 40 | 40 | | this section and is not subject to Subsection (f). |
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| 41 | 41 | | SECTION 2. Sections 285.101(a) and (d), Health and Safety |
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| 42 | 42 | | Code, are amended to read as follows: |
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| 43 | 43 | | (a) This subchapter applies only to a hospital, hospital |
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| 44 | 44 | | district, or authority created and operated under Article IX, Texas |
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| 45 | 45 | | Constitution, under a special law, or under this title: |
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| 46 | 46 | | (1) that is located in: |
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| 47 | 47 | | (A) [(1)] a county with a population of 35,000 or |
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| 48 | 48 | | less; |
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| 49 | 49 | | (B) [(2)] those portions of extended |
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| 50 | 50 | | municipalities that the federal census bureau has determined to be |
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| 51 | 51 | | rural; or |
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| 52 | 52 | | (C) [(3)] an area that is not delineated as an |
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| 53 | 53 | | urbanized area by the federal census bureau; or |
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| 54 | 54 | | (2) that owns or operates a facility described by |
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| 55 | 55 | | Subsection (b) that participates in the Quality Incentive Payment |
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| 56 | 56 | | Program (QIPP) or a successor Medicaid supplemental payment |
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| 57 | 57 | | program. |
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| 58 | 58 | | (d) This section does not authorize a hospital, hospital |
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| 59 | 59 | | district, or authority described by Subsection (a)(1) to issue |
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| 60 | 60 | | revenue bonds or other notes in accordance with this chapter to |
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| 61 | 61 | | construct, acquire, own, enlarge, improve, furnish, or equip a |
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| 62 | 62 | | facility or service listed in Subsection (b)(1) if a private |
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| 63 | 63 | | provider of the facility or service is available and accessible in |
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| 64 | 64 | | the service area of the hospital, hospital district, or authority. |
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| 65 | 65 | | SECTION 3. This Act takes effect September 1, 2019. |
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