4 | 10 | | AN ACT |
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5 | 11 | | relating to the creation and operations of health care provider |
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6 | 12 | | participation programs in certain counties. |
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7 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 14 | | SECTION 1. Subtitle D, Title 4, Health and Safety Code, is |
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9 | 15 | | amended by adding Chapter 292C to read as follows: |
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10 | 16 | | CHAPTER 292C. COUNTY HEALTH CARE PROVIDER PARTICIPATION PROGRAM IN |
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11 | 17 | | CERTAIN COUNTIES WITH HOSPITAL DISTRICT BORDERING OKLAHOMA |
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12 | 18 | | SUBCHAPTER A. GENERAL PROVISIONS |
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13 | 19 | | Sec. 292C.001. DEFINITIONS. In this chapter: |
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14 | 20 | | (1) "Institutional health care provider" means a |
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15 | 21 | | nonpublic hospital that provides inpatient hospital services and |
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16 | 22 | | that is not located within the boundaries of a hospital district. |
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17 | 23 | | (2) "Paying hospital" means an institutional health |
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18 | 24 | | care provider required to make a mandatory payment under this |
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19 | 25 | | chapter. |
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20 | 26 | | (3) "Program" means the county health care provider |
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21 | 27 | | participation program authorized by this chapter. |
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22 | 28 | | Sec. 292C.002. APPLICABILITY. This chapter applies only to |
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23 | 29 | | a county that: |
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24 | 30 | | (1) contains a hospital district that is not |
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25 | 31 | | countywide; |
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26 | 32 | | (2) has a population of more than 125,000; and |
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27 | 33 | | (3) borders Oklahoma. |
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28 | 34 | | Sec. 292C.003. COUNTY HEALTH CARE PROVIDER PARTICIPATION |
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29 | 35 | | PROGRAM; PARTICIPATION IN PROGRAM. (a) A county health care |
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30 | 36 | | provider participation program authorizes a county to collect a |
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31 | 37 | | mandatory payment from each institutional health care provider |
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32 | 38 | | located in the county to be deposited in a local provider |
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33 | 39 | | participation fund established by the county. Money in the fund may |
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34 | 40 | | be used by the county to fund certain intergovernmental transfers |
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35 | 41 | | as provided by this chapter. |
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36 | 42 | | (b) The commissioners court of a county may adopt an order |
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37 | 43 | | authorizing the county to participate in the program, subject to |
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38 | 44 | | the limitations provided by this chapter. |
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39 | 45 | | Sec. 292C.004. EXPIRATION. The authority of a county to |
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40 | 46 | | administer and operate a program under this chapter expires |
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41 | 47 | | December 31, 2023. |
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42 | 48 | | SUBCHAPTER B. POWERS AND DUTIES OF COMMISSIONERS COURT |
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43 | 49 | | Sec. 292C.051. LIMITATION ON AUTHORITY TO REQUIRE MANDATORY |
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44 | 50 | | PAYMENT. The commissioners court of a county may require a |
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45 | 51 | | mandatory payment authorized under this chapter by an institutional |
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46 | 52 | | health care provider in the county only in the manner provided by |
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47 | 53 | | this chapter. |
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48 | 54 | | Sec. 292C.052. MAJORITY VOTE REQUIRED. The commissioners |
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49 | 55 | | court of a county may not authorize the county to collect a |
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50 | 56 | | mandatory payment authorized under this chapter without an |
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51 | 57 | | affirmative vote of a majority of the members of the commissioners |
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52 | 58 | | court. |
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53 | 59 | | Sec. 292C.053. RULES AND PROCEDURES. After the |
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54 | 60 | | commissioners court of a county has voted to require a mandatory |
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55 | 61 | | payment authorized under this chapter, the commissioners court may |
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56 | 62 | | adopt rules relating to the administration of the mandatory |
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57 | 63 | | payment. |
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58 | 64 | | Sec. 292C.054. INSTITUTIONAL HEALTH CARE PROVIDER |
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59 | 65 | | REPORTING; INSPECTION OF RECORDS. (a) The commissioners court of a |
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60 | 66 | | county that collects a mandatory payment authorized under this |
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61 | 67 | | chapter shall require each institutional health care provider |
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62 | 68 | | located in the county to submit to the county a copy of any |
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63 | 69 | | financial and utilization data required by and reported to the |
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64 | 70 | | Department of State Health Services under Sections 311.032 and |
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65 | 71 | | 311.033 and any rules adopted by the executive commissioner of the |
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66 | 72 | | Health and Human Services Commission to implement those sections. |
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67 | 73 | | (b) The commissioners court of a county that collects a |
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68 | 74 | | mandatory payment authorized under this chapter may inspect the |
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69 | 75 | | records of an institutional health care provider to the extent |
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70 | 76 | | necessary to ensure compliance with the requirements of Subsection |
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71 | 77 | | (a). |
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72 | 78 | | SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS |
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73 | 79 | | Sec. 292C.101. HEARING. (a) Each year, the commissioners |
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74 | 80 | | court of a county that collects a mandatory payment authorized |
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75 | 81 | | under this chapter shall hold a public hearing on the amounts of any |
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76 | 82 | | mandatory payments that the commissioners court intends to require |
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77 | 83 | | during the year. |
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78 | 84 | | (b) Not later than the fifth day before the date of the |
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79 | 85 | | hearing required under Subsection (a), the commissioners court of |
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80 | 86 | | the county shall publish notice of the hearing in a newspaper of |
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81 | 87 | | general circulation in the county. |
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82 | 88 | | (c) A representative of a paying hospital is entitled to |
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83 | 89 | | appear at the time and place designated in the public notice and to |
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84 | 90 | | be heard regarding any matter related to the mandatory payments |
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85 | 91 | | authorized under this chapter. |
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86 | 92 | | Sec. 292C.102. DEPOSITORY. (a) The commissioners court of |
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87 | 93 | | each county that collects a mandatory payment authorized under this |
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88 | 94 | | chapter by resolution shall designate one or more banks located in |
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89 | 95 | | the county as the depository for mandatory payments received by the |
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90 | 96 | | county. |
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91 | 97 | | (b) All income received by a county under this chapter, |
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92 | 98 | | including the revenue from mandatory payments remaining after |
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93 | 99 | | discounts and fees for assessing and collecting the payments are |
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94 | 100 | | deducted, shall be deposited with the county depository in the |
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95 | 101 | | county's local provider participation fund and may be withdrawn |
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96 | 102 | | only as provided by this chapter. |
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97 | 103 | | (c) All funds under this chapter shall be secured in the |
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98 | 104 | | manner provided for securing county funds. |
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99 | 105 | | Sec. 292C.103. LOCAL PROVIDER PARTICIPATION FUND; |
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100 | 106 | | AUTHORIZED USES OF MONEY. (a) Each county that collects a |
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101 | 107 | | mandatory payment authorized under this chapter shall create a |
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102 | 108 | | local provider participation fund. |
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103 | 109 | | (b) The local provider participation fund of a county |
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104 | 110 | | consists of: |
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105 | 111 | | (1) all revenue received by the county attributable to |
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106 | 112 | | mandatory payments authorized under this chapter, including any |
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107 | 113 | | penalties and interest attributable to delinquent payments; |
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108 | 114 | | (2) money received from the Health and Human Services |
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109 | 115 | | Commission as a refund of an intergovernmental transfer from the |
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110 | 116 | | county to the state for the purpose of providing the nonfederal |
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111 | 117 | | share of Medicaid supplemental payment program payments, provided |
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112 | 118 | | that the intergovernmental transfer does not receive a federal |
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113 | 119 | | matching payment; and |
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114 | 120 | | (3) the earnings of the fund. |
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115 | 121 | | (c) Money deposited to the local provider participation |
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116 | 122 | | fund may be used only to: |
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117 | 123 | | (1) fund intergovernmental transfers from the county |
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118 | 124 | | to the state to provide: |
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119 | 125 | | (A) the nonfederal share of a Medicaid |
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120 | 126 | | supplemental payment program authorized under the state Medicaid |
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121 | 127 | | plan, the Texas Healthcare Transformation and Quality Improvement |
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122 | 128 | | Program waiver issued under Section 1115 of the federal Social |
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123 | 129 | | Security Act (42 U.S.C. Section 1315), or a successor waiver |
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124 | 130 | | program authorizing similar Medicaid supplemental payment |
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125 | 131 | | programs; or |
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126 | 132 | | (B) payments to Medicaid managed care |
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127 | 133 | | organizations that are dedicated for payment to hospitals; |
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128 | 134 | | (2) pay the administrative expenses of the county |
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129 | 135 | | solely for activities under this chapter; |
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130 | 136 | | (3) refund a portion of a mandatory payment collected |
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131 | 137 | | in error from a paying hospital; and |
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132 | 138 | | (4) refund to paying hospitals the proportionate share |
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133 | 139 | | of money received by the county that is not used to fund the |
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134 | 140 | | nonfederal share of Medicaid supplemental payment program |
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135 | 141 | | payments. |
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136 | 142 | | (d) Money deposited to the local provider participation |
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137 | 143 | | fund may not be used to pay for the services of a consultant or a |
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138 | 144 | | person required to register under Chapter 305, Government Code. |
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139 | 145 | | (e) Money in the local provider participation fund may not |
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140 | 146 | | be commingled with other county funds. |
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141 | 147 | | (f) An intergovernmental transfer of funds described by |
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142 | 148 | | Subsection (c)(1) and any funds received by the county as a result |
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143 | 149 | | of an intergovernmental transfer described by that subsection may |
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144 | 150 | | not be used by the county or any other entity to expand Medicaid |
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145 | 151 | | eligibility under the Patient Protection and Affordable Care Act |
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146 | 152 | | (Pub. L. No. 111-148) as amended by the Health Care and Education |
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147 | 153 | | Reconciliation Act of 2010 (Pub. L. No. 111-152). |
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148 | 154 | | SUBCHAPTER D. MANDATORY PAYMENTS |
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149 | 155 | | Sec. 292C.151. MANDATORY PAYMENTS BASED ON PAYING HOSPITAL |
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150 | 156 | | NET PATIENT REVENUE. (a) Except as provided by Subsection (e), the |
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151 | 157 | | commissioners court of a county that collects a mandatory payment |
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152 | 158 | | authorized under this chapter may require an annual mandatory |
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153 | 159 | | payment to be assessed on the net patient revenue of each |
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154 | 160 | | institutional health care provider located in the county. The |
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155 | 161 | | commissioners court may provide for the mandatory payment to be |
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156 | 162 | | assessed quarterly. In the first year in which the mandatory |
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157 | 163 | | payment is required, the mandatory payment is assessed on the net |
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158 | 164 | | patient revenue of an institutional health care provider as |
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159 | 165 | | determined by the data reported to the Department of State Health |
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160 | 166 | | Services under Sections 311.032 and 311.033 in the fiscal year |
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161 | 167 | | ending in 2017 or, if the institutional health care provider did not |
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162 | 168 | | report any data under those sections in that fiscal year, as |
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163 | 169 | | determined by the institutional health care provider's Medicare |
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164 | 170 | | cost report submitted for the 2017 fiscal year or for the closest |
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165 | 171 | | subsequent fiscal year for which the provider submitted the |
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166 | 172 | | Medicare cost report. The county shall update the amount of the |
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167 | 173 | | mandatory payment on an annual basis. |
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168 | 174 | | (b) The amount of a mandatory payment authorized under this |
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169 | 175 | | chapter must be uniformly proportionate with the amount of net |
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170 | 176 | | patient revenue generated by each paying hospital in the county. A |
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171 | 177 | | mandatory payment authorized under this chapter may not hold |
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172 | 178 | | harmless any institutional health care provider, as required under |
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173 | 179 | | 42 U.S.C. Section 1396b(w). |
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174 | 180 | | (c) The commissioners court of a county that collects a |
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175 | 181 | | mandatory payment authorized under this chapter shall set the |
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176 | 182 | | amount of the mandatory payment. The amount of the mandatory |
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177 | 183 | | payment required of each paying hospital may not exceed six percent |
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178 | 184 | | of the paying hospital's net patient revenue. |
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179 | 185 | | (d) Subject to the maximum amount prescribed by Subsection |
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180 | 186 | | (c), the commissioners court of a county that collects a mandatory |
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181 | 187 | | payment authorized under this chapter shall set the mandatory |
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182 | 188 | | payments in amounts that in the aggregate will generate sufficient |
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183 | 189 | | revenue to cover the administrative expenses of the county for |
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184 | 190 | | activities under this chapter and to fund an intergovernmental |
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185 | 191 | | transfer described by Section 292C.103(c)(1), except that the |
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186 | 192 | | amount of revenue from mandatory payments used for administrative |
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187 | 193 | | expenses of the county for activities under this chapter in a year |
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188 | 194 | | may not exceed $20,000, plus the cost of collateralization of |
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189 | 195 | | deposits. If the county demonstrates to the paying hospitals that |
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190 | 196 | | the costs of administering the program under this chapter, |
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191 | 197 | | excluding those costs associated with the collateralization of |
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192 | 198 | | deposits, exceed $20,000 in any year, on consent of a majority of |
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193 | 199 | | the paying hospitals, the county may use additional revenue from |
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194 | 200 | | mandatory payments received under this chapter to compensate the |
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195 | 201 | | county for its administrative expenses. A paying hospital may not |
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196 | 202 | | unreasonably withhold consent to compensate the county for |
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197 | 203 | | administrative expenses. |
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198 | 204 | | (e) A paying hospital may not add a mandatory payment |
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199 | 205 | | required under this section as a surcharge to a patient. |
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200 | 206 | | Sec. 292C.152. ASSESSMENT AND COLLECTION OF MANDATORY |
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201 | 207 | | PAYMENTS. The county may collect or contract for the assessment and |
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202 | 208 | | collection of mandatory payments authorized under this chapter. |
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203 | 209 | | Sec. 292C.153. INTEREST, PENALTIES, AND DISCOUNTS. |
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204 | 210 | | Interest, penalties, and discounts on mandatory payments required |
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205 | 211 | | under this chapter are governed by the law applicable to county ad |
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206 | 212 | | valorem taxes. |
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207 | 213 | | Sec. 292C.154. PURPOSE; CORRECTION OF INVALID PROVISION OR |
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208 | 214 | | PROCEDURE. (a) The purpose of this chapter is to generate revenue |
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209 | 215 | | by collecting from institutional health care providers a mandatory |
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210 | 216 | | payment to be used to provide the nonfederal share of a Medicaid |
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211 | 217 | | supplemental payment program. |
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212 | 218 | | (b) To the extent any provision or procedure under this |
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213 | 219 | | chapter causes a mandatory payment authorized under this chapter to |
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214 | 220 | | be ineligible for federal matching funds, the county may provide by |
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215 | 221 | | rule for an alternative provision or procedure that conforms to the |
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216 | 222 | | requirements of the federal Centers for Medicare and Medicaid |
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217 | 223 | | Services. |
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218 | 224 | | SECTION 2. Subtitle D, Title 4, Health and Safety Code, is |
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219 | 225 | | amended by adding Chapter 296A to read as follows: |
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220 | 226 | | CHAPTER 296A. COUNTY HEALTH CARE PROVIDER PARTICIPATION PROGRAM IN |
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221 | 227 | | CERTAIN COUNTIES BORDERING TWO POPULOUS COUNTIES |
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222 | 228 | | SUBCHAPTER A. GENERAL PROVISIONS |
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223 | 229 | | Sec. 296A.001. DEFINITIONS. In this chapter: |
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224 | 230 | | (1) "Institutional health care provider" means a |
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225 | 231 | | nonpublic hospital that provides inpatient hospital services. |
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226 | 232 | | (2) "Paying hospital" means an institutional health |
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227 | 233 | | care provider required to make a mandatory payment under this |
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228 | 234 | | chapter. |
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229 | 235 | | (3) "Program" means the county health care provider |
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230 | 236 | | participation program authorized by this chapter. |
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231 | 237 | | Sec. 296A.002. APPLICABILITY. This chapter applies only to |
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232 | 238 | | a county that: |
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233 | 239 | | (1) is not served by a hospital district or a public |
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234 | 240 | | hospital; and |
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235 | 241 | | (2) has a population of less than 600,000 and borders |
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236 | 242 | | two counties both with populations of one million or more. |
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237 | 243 | | Sec. 296A.003. COUNTY HEALTH CARE PROVIDER PARTICIPATION |
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238 | 244 | | PROGRAM; PARTICIPATION IN PROGRAM. (a) A county health care |
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239 | 245 | | provider participation program authorizes a county to collect a |
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240 | 246 | | mandatory payment from each institutional health care provider |
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241 | 247 | | located in the county to be deposited in a local provider |
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242 | 248 | | participation fund established by the county. Money in the fund may |
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243 | 249 | | be used by the county to fund certain intergovernmental transfers |
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244 | 250 | | and indigent care programs as provided by this chapter. |
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245 | 251 | | (b) The commissioners court may adopt an order authorizing a |
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246 | 252 | | county to participate in the program, subject to the limitations |
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247 | 253 | | provided by this chapter. |
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248 | 254 | | SUBCHAPTER B. POWERS AND DUTIES OF COMMISSIONERS COURT |
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249 | 255 | | Sec. 296A.051. LIMITATION ON AUTHORITY TO REQUIRE MANDATORY |
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250 | 256 | | PAYMENT. The commissioners court of a county may require a |
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251 | 257 | | mandatory payment authorized under this chapter by an institutional |
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252 | 258 | | health care provider in the county only in the manner provided by |
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253 | 259 | | this chapter. |
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254 | 260 | | Sec. 296A.052. MAJORITY VOTE REQUIRED. The commissioners |
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255 | 261 | | court of a county may not authorize the county to collect a |
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256 | 262 | | mandatory payment authorized under this chapter without an |
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257 | 263 | | affirmative vote of a majority of the members of the commissioners |
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258 | 264 | | court. |
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259 | 265 | | Sec. 296A.053. RULES AND PROCEDURES. After the |
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260 | 266 | | commissioners court has voted to require a mandatory payment |
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261 | 267 | | authorized under this chapter, the commissioners court may adopt |
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262 | 268 | | rules relating to the administration of the mandatory payment. |
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263 | 269 | | Sec. 296A.054. INSTITUTIONAL HEALTH CARE PROVIDER |
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264 | 270 | | REPORTING; INSPECTION OF RECORDS. (a) The commissioners court of a |
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265 | 271 | | county that collects a mandatory payment authorized under this |
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266 | 272 | | chapter shall require each institutional health care provider to |
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267 | 273 | | submit to the county a copy of any financial and utilization data |
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268 | 274 | | required by and reported to the Department of State Health Services |
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269 | 275 | | under Sections 311.032 and 311.033 and any rules adopted by the |
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270 | 276 | | executive commissioner of the Health and Human Services Commission |
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271 | 277 | | to implement those sections. |
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272 | 278 | | (b) The commissioners court of a county that collects a |
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273 | 279 | | mandatory payment authorized under this chapter may inspect the |
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274 | 280 | | records of an institutional health care provider to the extent |
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275 | 281 | | necessary to ensure compliance with the requirements of Subsection |
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276 | 282 | | (a). |
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277 | 283 | | SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS |
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278 | 284 | | Sec. 296A.101. HEARING. (a) Each year, the commissioners |
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279 | 285 | | court of a county that collects a mandatory payment authorized |
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280 | 286 | | under this chapter shall hold a public hearing on the amounts of any |
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281 | 287 | | mandatory payments that the commissioners court intends to require |
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282 | 288 | | during the year and how the revenue derived from those payments is |
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283 | 289 | | to be spent. |
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284 | 290 | | (b) Not later than the 10th day before the date of the |
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285 | 291 | | hearing required under Subsection (a), the commissioners court of |
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286 | 292 | | the county shall publish notice of the hearing in a newspaper of |
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287 | 293 | | general circulation in the county. |
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288 | 294 | | (c) A representative of a paying hospital is entitled to |
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289 | 295 | | appear at the time and place designated in the public notice and to |
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290 | 296 | | be heard regarding any matter related to the mandatory payments |
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291 | 297 | | authorized under this chapter. |
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292 | 298 | | Sec. 296A.102. DEPOSITORY. (a) The commissioners court of |
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293 | 299 | | each county that collects a mandatory payment authorized under this |
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294 | 300 | | chapter by resolution shall designate one or more banks located in |
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295 | 301 | | the county as the depository for mandatory payments received by the |
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296 | 302 | | county. A bank designated as a depository serves for two years or |
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297 | 303 | | until a successor is designated. |
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298 | 304 | | (b) All income received by a county under this chapter, |
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299 | 305 | | including the revenue from mandatory payments remaining after |
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300 | 306 | | discounts and fees for assessing and collecting the payments are |
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301 | 307 | | deducted, shall be deposited with the county depository in the |
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302 | 308 | | county's local provider participation fund and may be withdrawn |
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303 | 309 | | only as provided by this chapter. |
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304 | 310 | | (c) All funds under this chapter shall be secured in the |
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305 | 311 | | manner provided for securing county funds. |
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306 | 312 | | Sec. 296A.103. LOCAL PROVIDER PARTICIPATION FUND; |
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307 | 313 | | AUTHORIZED USES OF MONEY. (a) Each county that collects a |
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308 | 314 | | mandatory payment authorized under this chapter shall create a |
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309 | 315 | | local provider participation fund. |
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310 | 316 | | (b) The local provider participation fund of a county |
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311 | 317 | | consists of: |
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312 | 318 | | (1) all revenue received by the county attributable to |
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313 | 319 | | mandatory payments authorized under this chapter, including any |
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314 | 320 | | penalties and interest attributable to delinquent payments; |
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315 | 321 | | (2) money received from the Health and Human Services |
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316 | 322 | | Commission as a refund of an intergovernmental transfer from the |
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317 | 323 | | county to the state for the purpose of providing the nonfederal |
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318 | 324 | | share of Medicaid supplemental payment program payments, provided |
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319 | 325 | | that the intergovernmental transfer does not receive a federal |
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320 | 326 | | matching payment; and |
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321 | 327 | | (3) the earnings of the fund. |
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322 | 328 | | (c) Money deposited to the local provider participation |
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323 | 329 | | fund may be used only to: |
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324 | 330 | | (1) fund intergovernmental transfers from the county |
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325 | 331 | | to the state to provide: |
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326 | 332 | | (A) the nonfederal share of a Medicaid |
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327 | 333 | | supplemental payment program authorized under the state Medicaid |
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328 | 334 | | plan, the Texas Healthcare Transformation and Quality Improvement |
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329 | 335 | | Program waiver issued under Section 1115 of the federal Social |
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330 | 336 | | Security Act (42 U.S.C. Section 1315), or a successor waiver |
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331 | 337 | | program authorizing similar Medicaid supplemental payment |
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332 | 338 | | programs; or |
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333 | 339 | | (B) payments to Medicaid managed care |
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334 | 340 | | organizations that are dedicated for payment to hospitals; |
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335 | 341 | | (2) subsidize indigent programs; |
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336 | 342 | | (3) pay the administrative expenses of the county for |
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337 | 343 | | activities under this chapter; |
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338 | 344 | | (4) refund a portion of a mandatory payment collected |
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339 | 345 | | in error from a paying hospital; and |
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340 | 346 | | (5) refund to paying hospitals the proportionate share |
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341 | 347 | | of money received by the county from the Health and Human Services |
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342 | 348 | | Commission that is not used to fund the nonfederal share of Medicaid |
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343 | 349 | | supplemental payment program payments. |
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344 | 350 | | (d) Money in the local provider participation fund may not |
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345 | 351 | | be commingled with other county funds. |
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346 | 352 | | (e) An intergovernmental transfer of funds described by |
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347 | 353 | | Subsection (c)(1) and any funds received by the county as a result |
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348 | 354 | | of an intergovernmental transfer described by Subsection (c)(1) may |
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349 | 355 | | not be used by the county or any other entity to expand Medicaid |
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350 | 356 | | eligibility under the Patient Protection and Affordable Care Act |
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351 | 357 | | (Pub. L. No. 111-148) as amended by the Health Care and Education |
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352 | 358 | | Reconciliation Act of 2010 (Pub. L. No. 111-152). |
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353 | 359 | | SUBCHAPTER D. MANDATORY PAYMENTS |
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354 | 360 | | Sec. 296A.151. MANDATORY PAYMENTS BASED ON PAYING HOSPITAL |
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355 | 361 | | NET PATIENT REVENUE. (a) Except as provided by Subsection (e), the |
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356 | 362 | | commissioners court of a county that collects a mandatory payment |
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357 | 363 | | authorized under this chapter may require an annual mandatory |
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358 | 364 | | payment to be assessed on the net patient revenue of each |
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359 | 365 | | institutional health care provider located in the county. The |
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360 | 366 | | commissioners court may provide for the mandatory payment to be |
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361 | 367 | | assessed quarterly. In the first year in which the mandatory |
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362 | 368 | | payment is required, the mandatory payment is assessed on the net |
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363 | 369 | | patient revenue of an institutional health care provider as |
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364 | 370 | | determined by the data reported to the Department of State Health |
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365 | 371 | | Services under Sections 311.032 and 311.033 in the fiscal year |
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366 | 372 | | ending in 2017 or, if the institutional health care provider did not |
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367 | 373 | | report any data under those sections in that fiscal year, as |
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368 | 374 | | determined by the institutional health care provider's Medicare |
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369 | 375 | | cost report submitted for the 2017 fiscal year or for the closest |
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370 | 376 | | subsequent fiscal year for which the provider submitted the |
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371 | 377 | | Medicare cost report. The county shall update the amount of the |
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372 | 378 | | mandatory payment on an annual basis. |
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373 | 379 | | (b) The amount of a mandatory payment authorized under this |
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374 | 380 | | chapter must be uniformly proportionate with the amount of net |
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375 | 381 | | patient revenue generated by each paying hospital in the county. A |
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376 | 382 | | mandatory payment authorized under this chapter may not hold |
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377 | 383 | | harmless any institutional health care provider, as required under |
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378 | 384 | | 42 U.S.C. Section 1396b(w). |
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379 | 385 | | (c) The commissioners court of a county that collects a |
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380 | 386 | | mandatory payment authorized under this chapter shall set the |
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381 | 387 | | amount of the mandatory payment. The amount of the mandatory |
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382 | 388 | | payment required of each paying hospital may not exceed an amount |
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383 | 389 | | that, when added to the amount of the mandatory payments required |
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384 | 390 | | from all other paying hospitals in the county, equals an amount of |
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385 | 391 | | revenue that exceeds six percent of the aggregate net patient |
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386 | 392 | | revenue of all paying hospitals in the county. |
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387 | 393 | | (d) Subject to the maximum amount prescribed by Subsection |
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388 | 394 | | (c), the commissioners court of a county that collects a mandatory |
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389 | 395 | | payment authorized under this chapter shall set the mandatory |
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390 | 396 | | payments in amounts that in the aggregate will generate sufficient |
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391 | 397 | | revenue to cover the administrative expenses of the county for |
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392 | 398 | | activities under this chapter, to fund the nonfederal share of a |
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393 | 399 | | Medicaid supplemental payment program, and to pay for indigent |
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394 | 400 | | programs, except that the amount of revenue from mandatory payments |
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395 | 401 | | used for administrative expenses of the county for activities under |
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396 | 402 | | this chapter in a year may not exceed the lesser of four percent of |
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397 | 403 | | the total revenue generated from the mandatory payment or $20,000. |
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398 | 404 | | (e) A paying hospital may not add a mandatory payment |
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399 | 405 | | required under this section as a surcharge to a patient. |
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400 | 406 | | Sec. 296A.152. ASSESSMENT AND COLLECTION OF MANDATORY |
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401 | 407 | | PAYMENTS. The county may collect or contract for the assessment and |
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402 | 408 | | collection of mandatory payments authorized under this chapter. |
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403 | 409 | | Sec. 296A.153. INTEREST, PENALTIES, AND DISCOUNTS. |
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404 | 410 | | Interest, penalties, and discounts on mandatory payments required |
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405 | 411 | | under this chapter are governed by the law applicable to county ad |
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406 | 412 | | valorem taxes. |
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407 | 413 | | Sec. 296A.154. PURPOSE; CORRECTION OF INVALID PROVISION OR |
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408 | 414 | | PROCEDURE. (a) The purpose of this chapter is to generate revenue |
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409 | 415 | | by collecting from institutional health care providers a mandatory |
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410 | 416 | | payment to be used to provide the nonfederal share of a Medicaid |
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411 | 417 | | supplemental payment program. |
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412 | 418 | | (b) To the extent any provision or procedure under this |
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413 | 419 | | chapter causes a mandatory payment authorized under this chapter to |
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414 | 420 | | be ineligible for federal matching funds, the county may provide by |
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415 | 421 | | rule for an alternative provision or procedure that conforms to the |
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416 | 422 | | requirements of the federal Centers for Medicare and Medicaid |
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417 | 423 | | Services. |
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418 | 424 | | SECTION 3. As soon as practicable after the expiration of |
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419 | 425 | | the authority of a county to administer and operate a health care |
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420 | 426 | | provider participation program under Chapter 292C, Health and |
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421 | 427 | | Safety Code, as added by this Act, the commissioners court of the |
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422 | 428 | | county shall transfer to the institutional health care providers in |
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423 | 429 | | the county a proportionate share of any remaining funds in any local |
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424 | 430 | | provider participation fund created by the county under Section |
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425 | 431 | | 292C.103, Health and Safety Code, as added by this Act. |
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426 | 432 | | SECTION 4. If before implementing any provision of this Act |
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427 | 433 | | a state agency determines that a waiver or authorization from a |
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428 | 434 | | federal agency is necessary for implementation of that provision, |
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429 | 435 | | the agency affected by the provision shall request the waiver or |
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430 | 436 | | authorization and may delay implementing that provision until the |
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431 | 437 | | waiver or authorization is granted. |
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432 | 438 | | SECTION 5. This Act takes effect immediately if it receives |
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433 | 439 | | a vote of two-thirds of all the members elected to each house, as |
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434 | 440 | | provided by Section 39, Article III, Texas Constitution. If this |
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435 | 441 | | Act does not receive the vote necessary for immediate effect, this |
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436 | 442 | | Act takes effect September 1, 2019. |
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