Texas 2021 - 87th 3rd C.S.

Texas House Bill HB161 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Capriglione~~, Rose, Dean, Raney~~ H.B. No. 161
	1	+	By: Capriglione H.B. No. 161
2	2
3	3
4	4		A BILL TO BE ENTITLED
5	5		AN ACT
6	6		relating to making supplemental appropriations relating to health
7	7		and human services and giving direction regarding appropriations.
8	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9		SECTION 1. DEPARTMENT OF STATE HEALTH SERVICES: COVID-19
10	10		SERVICES. (a) The amount of $2,005,581,271 is appropriated to the
11	11		Department of State Health Services from money received by this
12	12		state from the Coronavirus State Fiscal Recovery Fund (42
13	13		U.S.C. Section 802) established under the American Rescue Plan Act
14	14		of 2021 (Pub. L. No. 117-2) and deposited to the credit of the
15	15		Coronavirus Relief Fund No. 325 for the following purposes related
16	16		to the coronavirus disease pandemic during the period beginning on
17	17		March 3, 2021, and ending December 31, 2021:
18	18		(1) providing funding for state and local hospital
19	19		surge staffing;
20	20		(2) purchasing therapeutic drugs, including drugs for
21	21		monoclonal antibody treatments; and
22	22		(3) providing funding for the operation of regional
23	23		infusion centers.
24	24		(b) It is the intent of the legislature that any
25	25		reimbursement received by the Department of State Health Services
26	26		from the Federal Emergency Management Agency related to
27	27		expenditures paid from money appropriated under Subsection (a) of
28	28		this section be deposited to the general revenue fund and not
29	29		expended until appropriated by the 88th Legislature.
30	30		Appropriations made under Subsection (a) of this section that
31	31		remain unobligated on January 1, 2022, lapse to the credit of the
32	32		Coronavirus Relief Fund No. 325 and may not expended until
33	33		appropriated by the legislature.
34	34		SECTION 2. HEALTH AND HUMAN SERVICES COMMISSION: DALLAS
35	35		STATE HOSPITAL. (a) The amount of $237,800,000 is appropriated to
36	36		the Health and Human Services Commission from money received by
37	37		this state from the Coronavirus State Fiscal Recovery Fund (42
38	38		U.S.C. Section 802) established under the American Rescue Plan Act
39	39		of 2021 (Pub. L. No. 117-2) and deposited to the credit of the
40	40		Coronavirus Relief Fund No. 325 for the purpose of completing
41	41		construction of a state hospital in Dallas during the two-year
42	42		period beginning on the effective date of this Act.
43	43		(b) The capital budget authority of the Health and Human
44	44		Services Commission in Chapter 1053 (S.B. 1), Acts of the 87th
45	45		Legislature, Regular Session, 2021 (the General Appropriations
46	46		Act), is increased by $237,800,000 for the appropriation made under
47	47		Subsection (a) of this section.
48	48		SECTION 3. HEALTH AND HUMAN SERVICES COMMISSION: STAFFING
49	49		NEEDS. (a) The amount of $300,000,000 is appropriated to the
50	50		Health and Human Services Commission from money received by this
51	51		state from the Coronavirus State Fiscal Recovery Fund (42
52	52		U.S.C. Section 802) established under the American Rescue Plan Act
53	53		of 2021 (Pub. L. No. 117-2) and deposited to the credit of the
54	54		Coronavirus Relief Fund No. 325 for the purpose of providing
55	55		funding during the two-year period beginning on the effective date
56	56		of this Act for the Health and Human Services Commission to
57	57		administer one-time grants related to providing critical staffing
58	58		needs resulting from frontline health care workers affected by
59	59		COVID-19, including providing recruitment and retention bonuses
60	60		for staff:
61	61		(1) of nursing facilities, assisted living
62	62		facilities, home health agencies, and facilities that serve persons
63	63		with intellectual or developmental disabilities in an intermediate
64	64		care facility for individuals with intellectual disabilities or
65	65		related conditions (ICF/IID);
66	66		(2) who provide community attendant services; and
67	67		(3) who provide home and community-based services and
68	68		services through the Texas home living (HCS and TxHML) waiver
69	69		programs.
70	70		(b) It is the intent of the legislature that the Health and
71	71		Human Services Commission prioritize grants to grantees that comply
72	72		with the reporting requirements prescribed by Rider 143 (Health and
73	73		Human Services Commission), Chapter 1053 (S.B. 1), Acts of the 87th
74	74		Legislature, Regular Session, 2021 (the General Appropriations
75	75		Act), the reporting requirements established by Chapter 588
76	76		(S.B. 809), Acts of the 87th Legislature, 2021, or equivalent
77	77		reporting requirements established by the Health and Human Services
78	78		Commission.
79	79		(c) Annually, the Health and Human Services Commission
80	80		shall report to the Legislative Budget Board the grants awarded
81	81		under this section. The report must include, for the year covered
82	82		by the report, the amount of grants awarded, the award recipients,
83	83		and the total amount of each grant used by the recipient. The
84	84		report must be submitted to the Legislative Budget Board not later
85	85		than December 1 of the year in which the report is due.
86	86		(d) Of the amount appropriated under Subsection (a) of this
87	87		section:
88	88		(1) $150,000,0000 may be used only for grants for
89	89		nursing facilities; and
90	90		(2) $150,000,0000 may be used only for grants for
91	91		assisted living facilities, home health facilities, community
92	92		attendants, and facilities that serve persons with intellectual or
93	93		developmental disabilities in an intermediate care facility for
94	94		individuals with intellectual disabilities or related conditions
95	95		(ICF/IID), home and community-based services and Texas home living
96	96		(HCS and TxHML) waiver programs.
97	97		SECTION 4. HEALTH AND HUMAN SERVICES COMMISSION: RURAL
98	98		HOSPITALS. The amount of $75,000,000 is appropriated to the Health
99	99		and Human Services Commission from money received by this state
100	100		from the Coronavirus State Fiscal Recovery Fund (42 U.S.C. Section
101	101		802) established under the American Rescue Plan Act of 2021
102	102		(Pub. L. No. 117-2) and deposited to the credit of the Coronavirus
103	103		Relief Fund No. 325 for the purpose of providing funding for grants
104	104		to support rural hospitals that have been affected by the COVID-19
105	105		pandemic during the two-year period beginning on the effective date
106	106		of this Act.
107	107		SECTION 5. DEPARTMENT OF STATE HEALTH SERVICES: FEDERALLY
108	108		QUALIFIED HEALTH CENTER INCUBATOR PROGRAM. The amount of
109	109		$20,000,000 is appropriated to the Department of State Health
110	110		Services from money received by this state from the Coronavirus
111	111		State Fiscal Recovery Fund (42 U.S.C. Section 802) established
112	112		under the American Rescue Plan Act of 2021 (Pub. L. No. 117-2) and
113	113		deposited to the credit of the Coronavirus Relief Fund No. 325 for
114	114		use during the two-year period beginning on the effective date of
115	115		this Act for the Federally Qualified Health Center Incubator
116	116		Program.
117	117		SECTION 6. DEPARTMENT OF STATE HEALTH SERVICES: EMERGENCY
118	118		MEDICAL SERVICES. (a) The amount of $21,700,000 is appropriated to
119	119		the Department of State Health Services from money received by this
120	120		state from the Coronavirus State Fiscal Recovery Fund (42
121	121		U.S.C. Section 802) established under the American Rescue Plan Act
122	122		of 2021 (Pub. L. No. 117-2) and deposited to the credit of the
123	123		Coronavirus Relief Fund No. 325 for the purpose of providing
124	124		funding for emergency medical response service staffing,
125	125		including:
126	126		(1) funding for programs to incentivize and increase
127	127		the number of Emergency Medical Technicians (EMTs) and paramedics
128	128		that provide care on an ambulance; and
129	129		(2) funding for Emergency Medical Services (EMS)
130	130		education programs, including distance learning programs, to
131	131		increase the number of EMTs and paramedics graduating from EMS
132	132		education programs.
133	133		(b) It is the intent of the legislature that, consistent
134	134		with state law, the Department of State Health Services prioritize
135	135		funding appropriated under Subsection (a) of this section for rural
136	136		and underserved areas.
137	137		SECTION 7. DEPARTMENT OF STATE HEALTH SERVICES AND HEALTH
138	138		AND HUMAN SERVICES COMMISSION: FEDERAL FUNDS FOR HOSPITALS. It is
139	139		the intent of the Legislature that the Department of State Health
140	140		Services and the Health and Human Services Commission, in
141	141		distributing any money received from the Coronavirus State Fiscal
142	142		Recovery Fund (42 U.S.C. Section 802) established under the
143	143		American Rescue Plan Act of 2021 (Pub. L. No. 117-2) and deposited
144	144		to the credit of the Coronavirus Relief Fund No. 325 distribute the
145	145		money appropriated by this Act only to entities that are in
146	146		compliance with the hospital price transparency public disclosure
147	147		requirements required by 45 C.F.R. Sections 180.10 - 180.60 and by
148	148		Chapter 1044 (S.B. 1137), Acts of the 87th Legislature, Regular
149	149		Session, 2021.
150	150		SECTION 8. LEGISLATIVE INTENT REGARDING APPROPRIATIONS.
151	151		(a) It is the intent of the legislature that the appropriations
152	152		made by this Act are one-time appropriations made for the purpose of
153	153		addressing the needs of this state for the two-year period
154	154		beginning on the effective date of this Act.
155	155		(b) It is the intent of the legislature that the
156	156		appropriations made by this Act be used only for purposes
157	157		authorized by state and federal law, including guidance issued by
158	158		the United States Department of the Treasury as part of the interim
159	159		final rules published in 86 Fed. Reg. 26786 (May 17, 2021).
160	160		(c) It is the intent of the legislature that the
161	161		appropriations made by this Act be used before all other methods of
162	162		finance if more than one method of finance has been appropriated by
163	163		this and a prior act of the legislature for use during a state
164	164		fiscal year.
165	165		(d) It is the intent of the legislature that if the purpose
166	166		of an appropriation, for any reason, is determined by the United
167	167		States Department of the Treasury or any other qualified state or
168	168		federal authority to have been made for an improper use, the
169	169		appropriated money not be spent and instead be retained in the
170	170		treasury and available for later legislative appropriation.
171	171		SECTION 9. APPROPRIATION AUTHORITY UNDER FEDERAL LAW. The
172	172		appropriations made under Sections 2, 4, 5, and 6 of this Act using
173	173		money received by this state from the Coronavirus State Fiscal
174	174		Recovery Fund (42 U.S.C. Section 802) established under the
175	175		American Rescue Plan Act of 2021 (Pub. L. No. 117-2) are made in
176	176		accordance with 42 U.S.C. Section 802(c)(1)(C), which allows money
177	177		from the Coronavirus State Fiscal Recovery Fund to be used to
178	178		provide government services to the extent of a reduction in the
179	179		revenue of a state government caused by the COVID-19 public health
180	180		emergency relative to revenues collected in the most recent full
181	181		fiscal year of the state government that ended before that
182	182		emergency.
183	183		SECTION 10. APPLICABILITY OF TRANSFER PROVISIONS OF OTHER
184	184		LAW. The transfer provisions of Part 14, Article IX, Chapter 1053
185	185		(S.B. 1), Acts of the 87th Legislature, Regular Session, 2021 (the
186	186		General Appropriations Act), and the transfer provisions of Section
187	187		65, Chapter 995 (H.B. 2), Acts of the 87th Legislature, Regular
188	188		Session, 2021 (the Supplemental Appropriations Act), apply to the
189	189		appropriations made by this Act to allow appropriate transfer of
190	190		appropriations made by this Act as if the appropriations made by the
191	191		General Appropriations Act, the Supplemental Appropriations Act,
192	192		and this Act were all a part of the same Act, to the extent permitted
193	193		by federal law.
194	194		SECTION 11. EFFECTIVE DATE. This Act takes effect
195	195		immediately.