Texas 2021 - 87th Regular

Texas Senate Bill SB392 Compare Versions

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

Old	New	Differences
1	1	87R5232 JCG-F
2	2	By: Miles S.B. No. 392
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the continuation and operations of a health care
8	8	provider participation program by the Harris County Hospital
9	9	District.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 299.001, Health and Safety Code, is
12	12	amended by adding Subdivision (6) to read as follows:
13	13	(6) "Qualifying assessment basis" means the health
14	14	care item, health care service, or other health care-related basis
15	15	consistent with 42 U.S.C. Section 1396b(w) on which the board
16	16	requires mandatory payments to be assessed under this chapter.
17	17	SECTION 2. Section 299.004, Health and Safety Code, is
18	18	amended to read as follows:
19	19	Sec. 299.004. EXPIRATION. (a) Subject to Section
20	20	299.153(d), the authority of the district to administer and operate
21	21	a program under this chapter expires December 31, 2023 [2021].
22	22	(b) This chapter expires December 31, 2023 [2021].
23	23	SECTION 3. Section 299.053, Health and Safety Code, is
24	24	amended to read as follows:
25	25	Sec. 299.053. INSTITUTIONAL HEALTH CARE PROVIDER
26	26	REPORTING. If the board authorizes the district to participate in a
27	27	program under this chapter, the board may [shall] require each
28	28	institutional health care provider to submit to the district a copy
29	29	of any financial and utilization data as reported in:
30	30	(1) the provider's Medicare cost report [submitted]
31	31	for the most recent [previous fiscal year or for the closest
32	32	subsequent] fiscal year for which the provider submitted the
33	33	Medicare cost report; or
34	34	(2) a report other than the report described by
35	35	Subdivision (1) that the board considers reliable and is submitted
36	36	by or to the provider for the most recent fiscal year.
37	37	SECTION 4. Section 299.103(c), Health and Safety Code, is
38	38	amended to read as follows:
39	39	(c) Money deposited to the local provider participation
40	40	fund of the district may be used only to:
41	41	(1) fund intergovernmental transfers from the
42	42	district to the state to provide the nonfederal share of Medicaid
43	43	payments for:
44	44	(A) uncompensated care payments to nonpublic
45	45	hospitals, if those payments are authorized under the Texas
46	46	Healthcare Transformation and Quality Improvement Program waiver
47	47	issued under Section 1115 of the federal Social Security Act (42
48	48	U.S.C. Section 1315);
49	49	(B) uniform rate enhancements for nonpublic
50	50	hospitals in the Medicaid managed care service area in which the
51	51	district is located;
52	52	(C) payments available under another waiver
53	53	program authorizing payments that are substantially similar to
54	54	Medicaid payments to nonpublic hospitals described by Paragraph (A)
55	55	or (B); or
56	56	(D) any reimbursement to nonpublic hospitals for
57	57	which federal matching funds are available;
58	58	(2) subject to Section 299.151(d), pay the
59	59	administrative expenses of the district in administering the
60	60	program, including collateralization of deposits;
61	61	(3) refund a mandatory payment collected in error from
62	62	a paying provider;
63	63	(4) refund to a paying provider, in an amount that is
64	64	proportionate to the mandatory payments made under this chapter by
65	65	the provider during the 12 months preceding the date of the refund,
66	66	[providers a proportionate share of] the money attributable to
67	67	mandatory payments collected under this chapter that the district:
68	68	(A) receives from the Health and Human Services
69	69	Commission that is not used to fund the nonfederal share of Medicaid
70	70	supplemental payment program payments; or
71	71	(B) determines cannot be used to fund the
72	72	nonfederal share of Medicaid supplemental payment program
73	73	payments; and
74	74	(5) transfer funds to the Health and Human Services
75	75	Commission if the district is legally required to transfer the
76	76	funds to address a disallowance of federal matching funds with
77	77	respect to programs for which the district made intergovernmental
78	78	transfers described by Subdivision (1).
79	79	SECTION 5. The heading to Section 299.151, Health and
80	80	Safety Code, is amended to read as follows:
81	81	Sec. 299.151. MANDATORY PAYMENTS [BASED ON PAYING PROVIDER
82	82	NET PATIENT REVENUE].
83	83	SECTION 6. Section 299.151, Health and Safety Code, is
84	84	amended by amending Subsections (a), (b), and (c) and adding
85	85	Subsections (a-1) and (a-2) to read as follows:
86	86	(a) If the board authorizes a health care provider
87	87	participation program under this chapter, the board may require [a]
88	88	mandatory payments [payment] to be assessed against each
89	89	institutional health care provider located in the district, either
90	90	annually or periodically throughout the year at the discretion of
91	91	the board, on the basis of a health care item, health care service,
92	92	or other health care-related basis that is consistent with the
93	93	requirements of 42 U.S.C. Section 1396b(w) [the net patient revenue
94	94	of each institutional health care provider located in the
95	95	district]. The qualifying assessment basis must be the same for
96	96	each institutional health care provider in the district. The board
97	97	shall provide an institutional health care provider written notice
98	98	of each assessment under this section [subsection], and the
99	99	provider has 30 calendar days following the date of receipt of the
100	100	notice to pay the assessment.
101	101	(a-1) Except as otherwise provided by this subsection, the
102	102	qualifying assessment basis must be determined by the board using
103	103	information contained in an institutional health care provider's
104	104	Medicare cost report for the most recent fiscal year for which the
105	105	provider submitted the report. If the provider is not required to
106	106	submit a Medicare cost report, or if the Medicare cost report
107	107	submitted by the provider does not contain information necessary to
108	108	determine the qualifying assessment basis, the qualifying
109	109	assessment basis may be determined by the board using information
110	110	contained in another report the board considers reliable that is
111	111	submitted by or to the provider for the most recent fiscal year. To
112	112	the extent practicable, the board shall use the same type of report
113	113	to determine the qualifying assessment basis for each paying
114	114	provider in the district.
115	115	(a-2) [In the first year in which the mandatory payment is
116	116	required, the mandatory payment is assessed on the net patient
117	117	revenue of an institutional health care provider, as determined by
118	118	the provider's Medicare cost report submitted for the previous
119	119	fiscal year or for the closest subsequent fiscal year for which the
120	120	provider submitted the Medicare cost report.] If [the] mandatory
121	121	payments are [payment is] required, the district shall update the
122	122	amount of the mandatory payments [payment] on an annual basis and
123	123	may update the amount on a more frequent basis.
124	124	(b) The amount of a mandatory payment authorized under this
125	125	chapter must be determined in a manner that ensures the revenue
126	126	generated qualifies for federal matching funds under federal law,
127	127	consistent with [uniformly proportionate with the amount of net
128	128	patient revenue generated by each paying provider in the district
129	129	as permitted under federal law. A health care provider
130	130	participation program authorized under this chapter may not hold
131	131	harmless any institutional health care provider, as required under]
132	132	42 U.S.C. Section 1396b(w).
133	133	(c) If the board requires a mandatory payment authorized
134	134	under this chapter, the board shall set the amount of the mandatory
135	135	payment, subject to the limitations of this chapter. The aggregate
136	136	amount of the mandatory payments required of all paying providers
137	137	in the district may not exceed six [four] percent of the aggregate
138	138	net patient revenue from hospital services provided by all paying
139	139	providers in the district.
140	140	SECTION 7. This Act takes effect immediately if it receives
141	141	a vote of two-thirds of all the members elected to each house, as
142	142	provided by Section 39, Article III, Texas Constitution. If this
143	143	Act does not receive the vote necessary for immediate effect, this
144	144	Act takes effect September 1, 2021.