Texas 2021 - 87th Regular

Texas House Bill HB3085 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Coleman H.B. No. 3085
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to health care provider participation programs in this
7	7	State.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Title 4, Health and Safety Code, is amended by
10	10	adding Subtitle D-1 before Chapter 288 as follows:
11	11	Subtitle D-1. PROVIDER PARTICIPATION PROGRAMS
12	12	SECTION 2. Chapter 289, Health and Safety Code, is deleted
13	13	and replaced by the following new Chapter 289 to read as follows:
14	14	CHAPTER 289. PROVISIONS OF GENERAL APPLICABILITY TO PROVIDER
15	15	PARTICIPATION PROGRAMS
16	16	Sec. 289.0001 PURPOSE. This chapter provides provisions
17	17	that apply to all provider participation programs in this Subtitle
18	18	D-1, including those operated by a county health care funding
19	19	district under Chapter 288.
20	20	Sec. 289.0101. BASIS FOR MANDATORY PAYMENTS.
21	21	Notwithstanding language elsewhere in this Subtitle D-1, a local
22	22	government administering a program under this subtitle may utilize
23	23	a basis other than the net patient revenue of each institutional
24	24	health care provider to compute the mandatory payments.
25	25	Specifically, a local government entity administering a program
26	26	under this subtitle may utilize any basis permitted by federal law
27	27	at 42 U.S.C. Section 1396b(w) and 42 C.F.R. Section 433.68.
28	28	Sec. 289.0102. DOCUMENTATION. If the documentation, that
29	29	is to be submitted by institutional health care providers to the
30	30	local government as specified elsewhere in this Subtitle D-1, is
31	31	insufficient for a local government to assure that all
32	32	institutional health care providers are assessed a mandatory
33	33	payment that is consistent with this subtitle and federal law at 42
34	34	U.S.C. Section 1396b(w) and 42 C.F.R. Section 433.68, a local
35	35	government may require and use additional documentation to
36	36	effectuate that purpose.
37	37	Sec. 289.0103. AUTHORITY TO REQUEST WAIVER. If federal law
38	38	at 42 U.S.C. Section 1396b(w) or 42 C.F.R. Part 433 Subpart B is
39	39	revised, or interpreted by the Centers for Medicare & Medicaid
40	40	Services, in ways that impede the operation of local provider
41	41	participation programs, and a local government administering a
42	42	program under this subtitle determines that it would be beneficial
43	43	for the Health and Human Services Commission to obtain a waiver from
44	44	the Centers for Medicare & Medicaid Services as permitted by 42
45	45	U.S.C. Section 1396b(w)(3) and 42 C.F.R. Section 433.68(e), then
46	46	the local government may request that the Commission submit such
47	47	waiver request. If a request is submitted to the Commission, the
48	48	Commission shall submit such waiver request to the Centers for
49	49	Medicare & Medicaid Services on behalf of the local government,
50	50	along with documentation justifying that waiver request provided by
51	51	the local government. If the waiver request is granted, then the
52	52	local government, consistent with the terms of the waiver granted,
53	53	need not comply with requirements elsewhere in this subtitle that
54	54	mandatory payments be assessed on each provider and that the amount
55	55	of the mandatory payment be uniformly proportionate with the amount
56	56	of net patient revenue.
57	57	SECTION 3. Chapter 290, Health and Safety Code, is deleted.
58	58	SECTION 4. Section 298C.004, Health and Safety Code, is
59	59	amended to read as follows:
60	60	Sec. 298C.004. EXPIRATION. (a) Subject to Section
61	61	298C.153(d), the authority of the district to administer and
62	62	operate a program under this chapter expires December 31, 2023
63	63	[2021].
64	64	(b) This chapter expires December 31, 2023 [2021].
65	65	SECTION 5. Section 298E.103(e)(2), Health and Safety Code,
66	66	is amended to read as follows:
67	67	(2) fund the nonfederal share of payments to hospitals
68	68	available through [the Medicaid disproportionate share hospital
69	69	program or] the delivery system reform incentive payment program.
70	70	SECTION 6. Section 299.004, Health and Safety Code, is
71	71	amended to read as follows:
72	72	Sec. 299.004. EXPIRATION. (a) Subject to Section
73	73	299.153(d), the authority of the district to administer and operate
74	74	a program under this chapter expires December 31, 2023 [2021].
75	75	(b) This chapter expires December 31, 2023 [2021].
76	76	SECTION 7. Section 299.151(c), Health and Safety Code, is
77	77	amended to read as follows:
78	78	(c) If the board requires a mandatory payment authorized
79	79	under this chapter, the board shall set the amount of the mandatory
80	80	payment, subject to the limitations of this chapter. The aggregate
81	81	amount of the mandatory payments required of all paying providers
82	82	in the district may not exceed six [four] percent of the aggregate
83	83	net patient revenue from hospital services provided by all paying
84	84	providers in the district.
85	85	SECTION 8. This Act takes effect immediately if it receives
86	86	a vote of two-thirds of all the members elected to each house, as
87	87	provided by Section 39, Article III, Texas Constitution. If this
88	88	Act does not receive the vote necessary for immediate effect, this
89	89	Act takes effect September 1, 2021.