Texas 2021 - 87th Regular

Texas Senate Bill SB1328 Compare Versions

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

Old	New	Differences
1	1	87R11192 JCG-F
2	2	By: Hinojosa S.B. No. 1328
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the operation of certain health care provider
8	8	participation programs in this state.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle D, Title 4, Health and Safety Code, is
11	11	amended by adding Chapter 300B to read as follows:
12	12	CHAPTER 300B. PROVISIONS GENERALLY APPLICABLE TO HEALTH CARE
13	13	PROVIDER PARTICIPATION PROGRAMS
14	14	Sec. 300B.0001. DEFINITION. In this chapter, "qualifying
15	15	local government" means a county, municipality, hospital district,
16	16	or county health care funding district established under Chapter
17	17	288 to which this chapter applies under Section 300B.0002.
18	18	Sec. 300B.0002. APPLICABILITY. This chapter applies only
19	19	to:
20	20	(1) a hospital district that is participating in a
21	21	health care provider participation program authorized by another
22	22	chapter of this subtitle; and
23	23	(2) a county, municipality, or health care funding
24	24	district established under Chapter 288 that is:
25	25	(A) participating in a health care provider
26	26	participation program authorized by another chapter of this
27	27	subtitle; and
28	28	(B) not served by a hospital district or a public
29	29	hospital.
30	30	Sec. 300B.0003. CONFLICT OF LAWS. This chapter prevails
31	31	over another provision of this subtitle to the extent of any
32	32	conflict.
33	33	Sec. 300B.0004. ASSESSMENT BASIS. (a) The governing body
34	34	of a qualifying local government may require mandatory payments to
35	35	be assessed against each institutional health care provider located
36	36	in the qualifying local government on the basis of a health care
37	37	item, health care service, or other health care-related basis that
38	38	is consistent with the requirements of 42 U.S.C. Section 1396b(w)
39	39	and 42 C.F.R. Section 433.68.
40	40	(b) A qualifying local government that requires mandatory
41	41	payments to be assessed in the manner provided by this section is
42	42	not required to assess mandatory payments on the net patient
43	43	revenue of each institutional health care provider located in the
44	44	qualifying local government.
45	45	Sec. 300B.0005. ADDITIONAL REPORTING. The governing body
46	46	of a qualifying local government that is unable to assess mandatory
47	47	payments in a manner consistent with the requirements of 42 U.S.C.
48	48	Section 1396b(w) and 42 C.F.R. Section 433.68 using information
49	49	reported to the governing body by an institutional health care
50	50	provider may require the institutional health care provider to
51	51	submit additional information to the governing body if the
52	52	information is necessary to ensure mandatory payments are assessed
53	53	in a manner consistent with those requirements.
54	54	Sec. 300B.0006. WAIVER REQUEST. (a) Subject to Subsection
55	55	(b), the governing body of a qualifying local government may
56	56	request the Health and Human Services Commission to submit on the
57	57	governing body's behalf a request to the Centers for Medicare and
58	58	Medicaid Services for a waiver of any provision of federal law that:
59	59	(1) relates to the operation of a health care provider
60	60	participation program; and
61	61	(2) requires:
62	62	(A) mandatory payments to be assessed on each
63	63	institutional health care provider located in the qualifying local
64	64	government; or
65	65	(B) the amount of a mandatory payment to be
66	66	uniformly proportionate with the amount of net patient revenue of
67	67	the institutional health care provider against which the payment is
68	68	assessed.
69	69	(b) The governing body of a qualifying local government may
70	70	submit a request under Subsection (a) only if:
71	71	(1) federal law is amended by the United States
72	72	Congress or interpreted by the Centers for Medicare and Medicaid
73	73	Services in a manner that impedes the operation of the health care
74	74	provider participation program authorized by the qualifying local
75	75	government;
76	76	(2) the governing body of the qualifying local
77	77	government determines that the waiver would wholly or partly remove
78	78	the impediment described by Subdivision (1); and
79	79	(3) the Centers for Medicare and Medicaid Services are
80	80	authorized by law to grant the waiver.
81	81	(c) If the governing body of a qualifying local government
82	82	submits a request under Subsection (a) to the Health and Human
83	83	Services Commission, the commission shall submit a request for a
84	84	waiver on behalf of the qualifying local government to the Centers
85	85	for Medicare and Medicaid Services. The commission shall include
86	86	with the waiver request any supporting documentation provided by
87	87	the governing body of the qualifying local government.
88	88	(d) If the waiver is granted by the Centers for Medicare and
89	89	Medicaid Services, the governing body of the qualifying local
90	90	government is not required to comply with any provision of this
91	91	subtitle or other law that imposes a requirement that is
92	92	substantially equivalent to a requirement that is the subject of
93	93	the waiver during the period for which the waiver is in effect.
94	94	SECTION 2. Section 298C.004, Health and Safety Code, as
95	95	added by Chapter 694 (S.B. 2315), Acts of the 86th Legislature,
96	96	Regular Session, 2019, is amended to read as follows:
97	97	Sec. 298C.004. EXPIRATION. (a) Subject to Section
98	98	298C.153(d), the authority of the district to administer and
99	99	operate a program under this chapter expires December 31, 2023
100	100	[2021].
101	101	(b) This chapter expires December 31, 2023 [2021].
102	102	SECTION 3. Section 298E.103(e), Health and Safety Code, is
103	103	amended to read as follows:
104	104	(e) Notwithstanding any other provision of this chapter,
105	105	with respect to an intergovernmental transfer of funds described by
106	106	Subsection (c)(1) made by a district, any funds received by the
107	107	state, district, or other entity as a result of that transfer may
108	108	not be used by the state, district, or any other entity to:
109	109	(1) expand Medicaid eligibility under the Patient
110	110	Protection and Affordable Care Act (Pub. L. No. 111-148) as amended
111	111	by the Health Care and Education Reconciliation Act of 2010 (Pub. L.
112	112	No. 111-152); or
113	113	(2) fund the nonfederal share of payments to hospitals
114	114	available through [the Medicaid disproportionate share hospital
115	115	program or] the delivery system reform incentive payment program.
116	116	SECTION 4. Section 299.004, Health and Safety Code, is
117	117	amended to read as follows:
118	118	Sec. 299.004. EXPIRATION. (a) Subject to Section
119	119	299.153(d), the authority of the district to administer and operate
120	120	a program under this chapter expires December 31, 2023 [2021].
121	121	(b) This chapter expires December 31, 2023 [2021].
122	122	SECTION 5. Section 299.151(c), Health and Safety Code, is
123	123	amended to read as follows:
124	124	(c) If the board requires a mandatory payment authorized
125	125	under this chapter, the board shall set the amount of the mandatory
126	126	payment, subject to the limitations of this chapter. The aggregate
127	127	amount of the mandatory payments required of all paying providers
128	128	in the district may not exceed six [four] percent of the aggregate
129	129	net patient revenue from hospital services provided by all paying
130	130	providers in the district.
131	131	SECTION 6. Chapters 289 and 290, Health and Safety Code, are
132	132	repealed.
133	133	SECTION 7. This Act takes effect immediately if it receives
134	134	a vote of two-thirds of all the members elected to each house, as
135	135	provided by Section 39, Article III, Texas Constitution. If this
136	136	Act does not receive the vote necessary for immediate effect, this
137	137	Act takes effect September 1, 2021.