Texas 2021 - 87th Regular

Texas House Bill HB4140 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		87R23010 TYPED
2	2		By: Coleman H.B. No. 4140
	3	+	Substitute the following for H.B. No. 4140:
	4	+	By: Anderson C.S.H.B. No. 4140
3	5
4	6
5	7		A BILL TO BE ENTITLED
6	8		AN ACT
7	9		relating to issues affecting counties and certain other
8	10		governmental entities and residents.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Section 531.0991, Government Code, is amended by
11	13		amending Subsections (h) and (k) and adding Subsection (n) to read
12	14		as follows:
13	15		(h) A community that receives a grant under this section is
14	16		required to leverage funds in an amount:
15	17		(1) equal to 25 [50] percent of the grant amount if the
16	18		community mental health program is located in a county with a
17	19		population of less than 100,000 [250,000];
18	20		(2) equal to 50 percent of the grant amount if the
19	21		community mental health program is located in a county with a
20	22		population of 100,000 or more but less than 250,000;
21	23		(3) equal to 100 percent of the grant amount if the
22	24		community mental health program is located in a county with a
23	25		population of at least 250,000; and
24	26		(4) [(3)] equal to the percentage of the grant amount
25	27		otherwise required by this subsection for the largest county in
26	28		which a community mental health program is located if the community
27	29		mental health program is located in more than one county.
28	30		(k) Not later than December 1 of each even-numbered
29	31		[calendar] year, the executive commissioner shall submit to the
30	32		governor, the lieutenant governor, and each member of the
31	33		legislature a report evaluating the success of the matching grant
32	34		program created by this section.
33	35		(n) A reasonable amount not to exceed five percent of the
34	36		money appropriated by the legislature for the purposes of this
35	37		section may be used by the commission to pay administrative costs of
36	38		implementing this section.
37	39		SECTION 2. Section 531.0992, Government Code, is amended by
38	40		amending Subsections (d-1) and (d-2) and adding Subsection (g) to
39	41		read as follows:
40	42		(d-1) For services and treatment provided in a single
41	43		county, the commission shall condition each grant provided under
42	44		this section on a potential grant recipient providing funds from
43	45		non-state sources in a total amount at least equal to:
44	46		(1) 25 [50] percent of the grant amount if the
45	47		community mental health program to be supported by the grant
46	48		provides services and treatment in a county with a population of
47	49		less than 100,000 [250,000]; [or]
48	50		(2) 50 percent of the grant amount if the community
49	51		mental health program to be supported by the grant provides
50	52		services and treatment in a county with a population of 100,000 or
51	53		more but less than 250,000; or
52	54		(3) 100 percent of the grant amount if the community
53	55		mental health program to be supported by the grant provides
54	56		services and treatment in a county with a population of 250,000 or
55	57		more.
56	58		(d-2) For a community mental health program that provides
57	59		services and treatment in more than one county, the commission
58	60		shall condition each grant provided under this section on a
59	61		potential grant recipient providing funds from non-state sources in
60	62		a total amount at least equal to:
61	63		(1) 25 [50] percent of the grant amount if the county
62	64		with the largest population [county] in which the community mental
63	65		health program to be supported by the grant provides services and
64	66		treatment has a population of less than 100,000 [250,000]; [or]
65	67		(2) 50 [100] percent of the grant amount if the county
66	68		with the largest population [county] in which the community mental
67	69		health program to be supported by the grant provides services and
68	70		treatment has a population of 100,000 or more but less than 250,000;
69	71		or
70	72		(3) 100 percent of the grant amount if the county with
71	73		the largest population in which the community mental health program
72	74		to be supported by the grant provides services and treatment has a
73	75		population of 250,000 or more.
74	76		(g) A reasonable amount not to exceed five percent of the
75	77		money appropriated by the legislature for the purposes of this
76	78		section may be used by the commission to pay administrative costs of
77	79		implementing this section.
78	80		SECTION 3. Section 531.0993, Government Code, is amended by
79	81		amending Subsection (c) and adding Subsection (j) to read as
80	82		follows:
81	83		(c) The commission shall condition each grant provided to a
82	84		community collaborative under this section on the collaborative
83	85		providing funds from non-state sources in a total amount at least
84	86		equal to:
85	87		(1) 25 [50] percent of the grant amount if the
86	88		collaborative includes a county with a population of less than
87	89		100,000 [250,000];
88	90		(2) 50 percent of the grant amount if the
89	91		collaborative includes a county with a population of 100,000 or
90	92		more but less than 250,000;
91	93		(3) 100 percent of the grant amount if the
92	94		collaborative includes a county with a population of 250,000 or
93	95		more; and
94	96		(4) [(3)] the percentage of the grant amount otherwise
95	97		required by this subsection for the largest county included in the
96	98		collaborative, if the collaborative includes more than one county.
97	99		(j) A reasonable amount not to exceed five percent of the
98	100		money appropriated by the legislature for the purposes of this
99	101		section may be used by the commission to pay administrative costs of
100	102		implementing this section.
101	103		SECTION 4. Sections 539.002(b) and (c), Government Code,
102	104		are amended to read as follows:
103	105		(b) Except as provided by Subsection (c), the department
104	106		shall require each entity awarded a grant under this section to:
105	107		(1) leverage additional funding or in-kind
106	108		contributions from private contributors or local governments,
107	109		excluding state or federal funds, [sources] in an amount that is at
108	110		least equal to the amount of the grant awarded under this section;
109	111		(2) provide evidence of significant coordination and
110	112		collaboration between the entity, local mental health authorities,
111	113		municipalities, local law enforcement agencies, and other
112	114		community stakeholders in establishing or expanding a community
113	115		collaborative funded by a grant awarded under this section; and
114	116		(3) provide evidence of a local law enforcement policy
115	117		to divert appropriate persons from jails or other detention
116	118		facilities to an entity affiliated with a community collaborative
117	119		for the purpose of providing services to those persons.
118	120		(c) The department may award a grant under this chapter to
119	121		an entity for the purpose of establishing a community mental health
120	122		program in a county with a population of less than 250,000, if the
121	123		entity leverages additional funding or in-kind contributions from
122	124		private contributors or local governments, excluding state or
123	125		federal funds, [sources] in an amount equal to one-quarter of the
124	126		amount of the grant to be awarded under this section, and the entity
125	127		otherwise meets the requirements of Subsections (b)(2) and (3).
126	128		SECTION 5. Section 539.003, Government Code, is amended to
127	129		read as follows:
128	130		Sec. 539.003. ACCEPTABLE USES OF GRANT MONEY. An entity
129	131		shall use money received from a grant made by the department and
130	132		private funding sources for the establishment or expansion of a
131	133		community collaborative[, provided that the collaborative must be
132	134		self-sustaining within seven years]. Acceptable uses for the money
133	135		include:
134	136		(1) the development of the infrastructure of the
135	137		collaborative and the start-up costs of the collaborative;
136	138		(2) the establishment, operation, or maintenance of
137	139		other community service providers in the community served by the
138	140		collaborative, including intake centers, detoxification units,
139	141		sheltering centers for food, workforce training centers,
140	142		microbusinesses, and educational centers;
141	143		(3) the provision of clothing, hygiene products, and
142	144		medical services to and the arrangement of transitional and
143	145		permanent residential housing for persons served by the
144	146		collaborative;
145	147		(4) the provision of mental health services and
146	148		substance abuse treatment not readily available in the community
147	149		served by the collaborative;
148	150		(5) the provision of information, tools, and resource
149	151		referrals to assist persons served by the collaborative in
150	152		addressing the needs of their children; and
151	153		(6) the establishment and operation of coordinated
152	154		intake processes, including triage procedures, to protect the
153	155		public safety in the community served by the collaborative.
154	156		SECTION 6. Section 539.007, Government Code, is amended to
155	157		read as follows:
156	158		Sec. 539.007. REDUCTION AND CESSATION OF FUNDING. The
157	159		department shall establish processes by which the department may
158	160		reduce or cease providing funding to an entity if the community
159	161		collaborative operated by the entity does not meet the outcome
160	162		measures selected by the entity for the collaborative under Section
161	163		539.005 [or is not self-sustaining after seven years]. The
162	164		department shall redistribute any funds withheld from an entity
163	165		under this section to other entities operating high-performing
164	166		collaboratives on a competitive basis.
165	167		SECTION 7. Chapter 539, Government Code, is amended by
166	168		adding Section 539.009 to read as follows:
167	169		Sec. 539.009. ADMINISTRATIVE COSTS. A reasonable amount
168	170		not to exceed five percent of the money appropriated by the
169	171		legislature for the purposes of this subchapter may be used by the
170	172		commission to pay administrative costs of implementing this
171	173		subchapter.
172	174		SECTION 8. The heading to Section 152.1073, Human Resources
173	175		Code, is amended to read as follows:
174	176		Sec. 152.1073. HARRIS COUNTY BOARD OF RESOURCES [PROTECTIVE
175	177		SERVICES] FOR CHILDREN AND ADULTS.
176	178		SECTION 9. Section 152.1073(a)(1), Human Resources Code, is
177	179		amended to read as follows:
178	180		(1) "Board" means the Harris County Board of Resources
179	181		[Protective Services] for Children and Adults.
180	182		SECTION 10. Section 152.1073, Human Resources Code, is
181	183		amended by amending Subsections (g) and (h) and adding Subsection
182	184		(h-1) to read as follows:
183	185		(g) In addition to the authority granted to the board by the
184	186		commissioners court, the Health and Human Services Commission, and
185	187		the [Texas] Department of Family and Protective [Human] Services,
186	188		the board may:
187	189		(1) disburse funds from sources other than the
188	190		commissioners court, the commission, and the department [Texas
189	191		Department of Human Services] to benefit children, eligible adults
190	192		with disabilities, and eligible elderly persons under this section
191	193		and to provide care, protection, evaluation, training, treatment,
192	194		education, and recreation to those persons [children];
193	195		(2) refuse to accept any funds the board considers to
194	196		be inappropriate, incompatible, or burdensome to board policies or
195	197		the provision of services;
196	198		(3) accept a gift or grant of real or personal property
197	199		or accept support under or an interest in a trust to benefit persons
198	200		described by Subdivision (1) [children under this section] and hold
199	201		the gift or grant directly or in trust;
200	202		(4) use a gift or grant to benefit persons described by
201	203		Subdivision (1) [children under this section] and to provide care,
202	204		protection, education, or training to those persons [children];
203	205		(5) accept and disburse as provided by Subdivision (1)
204	206		fees and contributions from parents, guardians, and relatives of
205	207		persons described by that subdivision [children] who are:
206	208		(A) in county supported substitute care or
207	209		custody, in the county guardianship program, in the county
208	210		representative payee program, or receiving services from the county
209	211		Senior Justice Assessment Center; or
210	212		(B) being assisted by casework, day care, or
211	213		homemaker services, by medical, psychological, dental, or other
212	214		remedial help, or by teaching, training, or other services;
213	215		(6) account for and spend funds the board receives as
214	216		fees, contributions, payments made by guardians, or payments made
215	217		to benefit a person described by Subdivision (1) who is [child] in
216	218		the board's or the county's legal custody;
217	219		(7) receive and disburse funds available to support or
218	220		benefit a person described by Subdivision (1) who is [child] in the
219	221		board's or the county's legal custody, including social security
220	222		benefits, life insurance proceeds, survivors' pension or annuity
221	223		benefits, or a beneficial interest in property; and
222	224		(8) receive and use funds, grants, and assistance
223	225		available to the board or the county from a federal or state
224	226		department or agency to carry out the functions and programs of the
225	227		department or agency that is designed to aid or extend programs and
226	228		operations approved by the board.
227	229		(h) The board shall designate the director or an assistant
228	230		to apply for letters of guardianship if necessary to receive funds
229	231		under Subsection (g)(7). The director or an assistant may:
230	232		(1) apply for and disburse the funds to provide
231	233		special items of support for children, eligible adults with
232	234		disabilities, and eligible elderly persons under this section or to
233	235		pay general administrative expenses relating to services under this
234	236		section;
235	237		(2) hold the funds in trust; or
236	238		(3) apply the funds for a particular or more
237	239		restricted purpose as required by law or the source of the funds.
238	240		(h-1) The board may collaborate with state agencies to
239	241		provide services for eligible adults with disabilities and eligible
240	242		elderly persons who:
241	243		(1) are residents of the county;
242	244		(2) have been exploited, abused, or neglected; or
243	245		(3) may be in need of a guardianship or assistance from
244	246		a representative payee.
245	247		SECTION 11. Section 299.001, Health and Safety Code, is
246	248		amended by adding Subdivision (6) to read as follows:
247	249		(6) "Qualifying assessment basis" means the health
248	250		care item, health care service, or other health care-related basis
249	251		consistent with 42 U.S.C. Section 1396b(w) on which the board
250	252		requires mandatory payments to be assessed under this chapter.
251	253		SECTION 12. Section 299.004, Health and Safety Code, is
252	254		amended to read as follows:
253	255		Sec. 299.004. EXPIRATION. (a) Subject to Section
254	256		299.153(d), the authority of the district to administer and operate
255	257		a program under this chapter expires December 31, 2023 [2021].
256	258		(b) This chapter expires December 31, 2023 [2021].
257	259		SECTION 13. Section 299.053, Health and Safety Code, is
258	260		amended to read as follows:
259	261		Sec. 299.053. INSTITUTIONAL HEALTH CARE PROVIDER
260	262		REPORTING. If the board authorizes the district to participate in a
261	263		program under this chapter, the board may [shall] require each
262	264		institutional health care provider to submit to the district a copy
263	265		of any financial and utilization data as reported in:
264	266		(1) the provider's Medicare cost report [submitted]
265	267		for the most recent [previous fiscal year or for the closest
266	268		subsequent] fiscal year for which the provider submitted the
267	269		Medicare cost report; or
268	270		(2) a report other than the report described by
269	271		Subdivision (1) that the board considers reliable and is submitted
270	272		by or to the provider for the most recent fiscal year.
271	273		SECTION 14. Section 299.103(c), Health and Safety Code, is
272	274		amended to read as follows:
273	275		(c) Money deposited to the local provider participation
274	276		fund of the district may be used only to:
275	277		(1) fund intergovernmental transfers from the
276	278		district to the state to provide the nonfederal share of Medicaid
277	279		payments for:
278	280		(A) uncompensated care payments to nonpublic
279	281		hospitals, if those payments are authorized under the Texas
280	282		Healthcare Transformation and Quality Improvement Program waiver
281	283		issued under Section 1115 of the federal Social Security Act (42
282	284		U.S.C. Section 1315);
283	285		(B) uniform rate enhancements for nonpublic
284	286		hospitals in the Medicaid managed care service area in which the
285	287		district is located;
286	288		(C) payments available under another waiver
287	289		program authorizing payments that are substantially similar to
288	290		Medicaid payments to nonpublic hospitals described by Paragraph (A)
289	291		or (B); or
290	292		(D) any reimbursement to nonpublic hospitals for
291	293		which federal matching funds are available;
292	294		(2) subject to Section 299.151(d), pay the
293	295		administrative expenses of the district in administering the
294	296		program, including collateralization of deposits;
295	297		(3) refund a mandatory payment collected in error from
296	298		a paying provider;
297	299		(4) refund to a paying provider, in an amount that is
298	300		proportionate to the mandatory payments made under this chapter by
299	301		the provider during the 12 months preceding the date of the refund,
300	302		[providers a proportionate share of] the money attributable to
301	303		mandatory payments collected under this chapter that the district:
302	304		(A) receives from the Health and Human Services
303	305		Commission that is not used to fund the nonfederal share of Medicaid
304	306		supplemental payment program payments; or
305	307		(B) determines cannot be used to fund the
306	308		nonfederal share of Medicaid supplemental payment program
307	309		payments; and
308	310		(5) transfer funds to the Health and Human Services
309	311		Commission if the district is legally required to transfer the
310	312		funds to address a disallowance of federal matching funds with
311	313		respect to programs for which the district made intergovernmental
312	314		transfers described by Subdivision (1).
313	315		SECTION 15. The heading to Section 299.151, Health and
314	316		Safety Code, is amended to read as follows:
315	317		Sec. 299.151. MANDATORY PAYMENTS [BASED ON PAYING PROVIDER
316	318		NET PATIENT REVENUE].
317	319		SECTION 16. Section 299.151, Health and Safety Code, is
318	320		amended by amending Subsections (a), (b), and (c) and adding
319	321		Subsections (a-1) and (a-2) to read as follows:
320	322		(a) If the board authorizes a health care provider
321	323		participation program under this chapter, the board may require [a]
322	324		mandatory payments [payment] to be assessed against each
323	325		institutional health care provider located in the district, either
324	326		annually or periodically throughout the year at the discretion of
325	327		the board, on the basis of a health care item, health care service,
326	328		or other health care-related basis that is consistent with the
327	329		requirements of 42 U.S.C. Section 1396b(w) [the net patient revenue
328	330		of each institutional health care provider located in the
329	331		district]. The qualifying assessment basis must be the same for
330	332		each institutional health care provider in the district. The board
331	333		shall provide an institutional health care provider written notice
332	334		of each assessment under this section [subsection], and the
333	335		provider has 30 calendar days following the date of receipt of the
334	336		notice to pay the assessment.
335	337		(a-1) Except as otherwise provided by this subsection, the
336	338		qualifying assessment basis must be determined by the board using
337	339		information contained in an institutional health care provider's
338	340		Medicare cost report for the most recent fiscal year for which the
339	341		provider submitted the report. If the provider is not required to
340	342		submit a Medicare cost report, or if the Medicare cost report
341	343		submitted by the provider does not contain information necessary to
342	344		determine the qualifying assessment basis, the qualifying
343	345		assessment basis may be determined by the board using information
344	346		contained in another report the board considers reliable that is
345	347		submitted by or to the provider for the most recent fiscal year. To
346	348		the extent practicable, the board shall use the same type of report
347	349		to determine the qualifying assessment basis for each paying
348	350		provider in the district.
349	351		(a-2) [In the first year in which the mandatory payment is
350	352		required, the mandatory payment is assessed on the net patient
351	353		revenue of an institutional health care provider, as determined by
352	354		the provider's Medicare cost report submitted for the previous
353	355		fiscal year or for the closest subsequent fiscal year for which the
354	356		provider submitted the Medicare cost report.] If [the] mandatory
355	357		payments are [payment is] required, the district shall update the
356	358		amount of the mandatory payments [payment] on an annual basis and
357	359		may update the amount on a more frequent basis.
358	360		(b) The amount of a mandatory payment authorized under this
359	361		chapter must be uniformly proportionate with the qualifying
360	362		assessment basis for [amount of net patient revenue generated by]
361	363		each paying provider in the district as permitted under federal
362	364		law. A health care provider participation program authorized under
363	365		this chapter may not hold harmless any institutional health care
364	366		provider, as required under 42 U.S.C. Section 1396b(w).
365	367		(c) If the board requires a mandatory payment authorized
366	368		under this chapter, the board shall set the amount of the mandatory
367	369		payment, subject to the limitations of this chapter. The aggregate
368	370		amount of the mandatory payments required of all paying providers
369	371		in the district may not exceed six [four] percent of the aggregate
370	372		net patient revenue from hospital services provided by all paying
371	373		providers in the district.
372	374		SECTION 17. Subchapter D, Chapter 299, Health and Safety
373	375		Code, is amended by adding Section 299.154 to read as follows:
374	376		Sec. 299.154. REQUEST FOR CERTAIN RELIEF. If 42 U.S.C.
375	377		Section 1396b(w) or 42 C.F.R. Part 433 Subpart B is revised or
376	378		interpreted in a manner that impedes the operations of a program
377	379		under this chapter, and the operations may be improved by a request
378	380		for relief under 42 C.F.R. Section 433.72, the board may request the
379	381		Health and Human Services Commission to submit, and if requested
380	382		the commission shall submit, a request to the Centers for Medicare
381	383		and Medicaid Services for relief under 42 C.F.R. Section 433.72.
382	384		SECTION 18. The heading to Chapter 180, Local Government
383	385		Code, is amended to read as follows:
384	386		CHAPTER 180. MISCELLANEOUS PROVISIONS AFFECTING OFFICERS AND
385	387		EMPLOYEES OF MORE THAN ONE TYPE OF [MUNICIPALITIES, COUNTIES, AND
386	388		CERTAIN OTHER] LOCAL GOVERNMENT [GOVERNMENTS]
387	389		SECTION 19. Chapter 180, Local Government Code, is amended
388	390		by adding Section 180.008 to read as follows:
389	391		Sec. 180.008. QUARANTINE LEAVE FOR FIRE FIGHTERS, PEACE
390	392		OFFICERS, DETENTION OFFICERS, AND EMERGENCY MEDICAL TECHNICIANS.
391	393		(a) In this section:
392	394		(1) "Detention officer" means an individual appointed
393	395		or employed by a political subdivision as a county jailer or other
394	396		individual responsible for the care and custody of individuals
395	397		incarcerated in a county or municipal jail.
396	398		(2) "Emergency medical technician" means an
397	399		individual who is:
398	400		(A) certified as an emergency medical technician
399	401		under Chapter 773, Health and Safety Code; and
400	402		(B) employed by a political subdivision.
401	403		(3) "Fire fighter" means a paid employee of a
402	404		municipal fire department or emergency services district who:
403	405		(A) holds a position that requires substantial
404	406		knowledge of fire fighting;
405	407		(B) has met the requirements for certification by
406	408		the Texas Commission on Fire Protection under Chapter 419,
407	409		Government Code; and
408	410		(C) performs a function listed in Section
409	411		143.003(4)(A).
410	412		(4) "Peace officer" means an individual described by
411	413		Article 2.12, Code of Criminal Procedure, who is elected for,
412	414		employed by, or appointed by a political subdivision.
413	415		(b) A political subdivision shall place on paid quarantine
414	416		leave a fire fighter, peace officer, detention officer, or
415	417		emergency medical technician employed by the political subdivision
416	418		and ordered by a supervisor or a health authority to quarantine or
417	419		isolate due to a possible or known exposure to a communicable
418	420		disease while on duty.
419	421		(c) A political subdivision shall provide to a fire fighter,
420	422		peace officer, detention officer, or emergency medical technician
421	423		on quarantine leave:
422	424		(1) all employment benefits and compensation,
423	425		including leave accrual, pension benefits, and health benefit plan
424	426		benefits; and
425	427		(2) costs related to the quarantine, including
426	428		lodging, medical, and transportation costs.
427	429		(d) A political subdivision may not reduce a fire fighter's,
428	430		peace officer's, detention officer's, or emergency medical
429	431		technician's sick leave balance, vacation leave balance, holiday
430	432		leave balance, or other paid leave balance in connection with
431	433		quarantine leave required by Subsection (b).
432	434		SECTION 20. On the effective date of this Act, the Harris
433	435		County Board of Protective Services for Children and Adults is
434	436		redesignated as the Harris County Board of Resources for Children
435	437		and Adults.
436	438		SECTION 21. The changes in law made by this Act apply to a
437	439		grant awarded on or after the effective date of this Act. A grant
438	440		awarded under a provision amended by this Act is governed by the law
439	441		in effect on the date the grant was awarded, and the former law is
440	442		continued in effect for that purpose.
441	443		SECTION 22. If before implementing any provision of this
442	444		Act a state agency determines that a waiver or authorization from a
443	445		federal agency is necessary for implementation of that provision,
444	446		the agency affected by the provision shall request the waiver or
445	447		authorization and may delay implementing that provision until the
446	448		waiver or authorization is granted.
447	449		SECTION 23. This Act takes effect immediately if it
448	450		receives a vote of two-thirds of all the members elected to each
449	451		house, as provided by Section 39, Article III, Texas Constitution.
450	452		If this Act does not receive the vote necessary for immediate
451	453		effect, this Act takes effect September 1, 2021.