By: Allison H.B. No. 3231
A BILL TO BE ENTITLED
AN ACT
relating to the continuation and operations of a health care
provider participation program by the Bexar County Hospital
District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 298F.001, Health and Safety Code, is
amended by adding Subdivision (6) to read as follows:
(6) "Assessment Basis" means the statistic upon which
the district determines a paying provider's mandatory payment
amount consistent with 42 U.S.C. Section 1396b(w).
SECTION 2. Section 298F.004, Health and Safety Code, is
amended to read as follows:
Sec. 298F.004. EXPIRATION. (a) Subject to Section
298F.153(d), the authority of the district to administer and
operate a program under this chapter expires December 31, 2027
[2023].
(b) This chapter expires December 31, 2027 [2023].
SECTION 3. Section 298F.053, Health and Safety Code, is
amended to read as follows:
Sec. 298F.053. INSTITUTIONAL HEALTH CARE PROVIDER
REPORTING. If the board authorizes the district to participate in a
program under this chapter, the board may [shall] require each
institutional health care provider to submit to the district a copy
of any financial and utilization data as reported in the provider's
Medicare cost report or other reasonable data source, as determined
by the district, submitted for the previous fiscal year or for the
closest subsequent fiscal year for which the provider submitted the
Medicare cost report or other reasonable data source.
SECTION 4. Section 298F.103, Health and Safety Code, is
amended by revising Subsection (c-4) to read as follows:
(c-4) refund to paying providers in proportion to each
paying provider's assessments paid during the twelve months
preceding any such refund [a proportionate share of] the money that
the district:
SECTION 5. The heading to Section 298F.151, Health and
Safety Code, is amended to read as follows:
Sec. 298F.151. MANDATORY PAYMENTS BASED ON PAYING PROVIDER
ASSESSMENT BASIS. [NET PATIENT REVENUE]
SECTION 6. Section 298F.151, Health and Safety Code, is
amended by revising Subsections (a), (b) and (c) to read as follows:
(a) If the board authorizes a health care provider
participation program under this chapter, the board may require [a]
mandatory payments [payment] to be assessed on the Assessment Basis
[net patient revenue] of each institutional health care provider
located in the district. The board may provide for the mandatory
payments [payment] to be assessed periodically throughout the year.
The board shall provide an institutional health care provider
written notice of each assessment under this section [subsection],
and the provider has 30 calendar days following the date of receipt
of the notice to pay the assessment. [In] The Assessment Basis will
be calculated using the [first year in] Medicare cost report or
other reasonable data source for the most recent fiscal year for
which the [mandatory payment is required, the mandatory payment is
assessed on] institutional health care provider submitted the [net
patient revenue of] report or other reasonable data source. The
district must use the same data source for all institutional health
care providers unless it is unavailable for an institutional health
care provider [, which is the amount of that revenue as reported in
the provider's Medicare cost report submitted for the previous
fiscal year or for]. If the Assessment Basis is unavailable for any
institutional health care provider under the primary data source
selected by the [closest subsequent fiscal year for which]
district, the [provider submitted the Medicare cost report]
district may rely on an alternative reasonable data source for such
institutional health care provider. If the mandatory payment is
required, the district shall update the amount of the mandatory
payment [on an annual basis] periodically.
(b) The amount of a mandatory payment authorized under this
chapter must be determined in a manner that ensures the revenue
generated qualifies for federal matching funds under federal law
consistent with [uniformly proportionate with the amount of net
patient revenue generated by each paying provider in the district
as permitted under federal law. A health care provider
participation program authorized under this chapter may not hold
harmless any institutional health care provider, as required under]
42 U.S.C. Section 1396b(w).
(c) If the board requires a mandatory payment authorized
under this chapter, the board shall set the amount of the mandatory
payment, subject to the limitations of this chapter. The aggregate
amount of the mandatory payments required of all paying providers
in the district may not exceed six percent of the aggregate net
patient revenue from hospital services provided [by all paying
providers] in the district.
SECTION 7. Section 298F.152, Health and Safety Code, is
amended by adding Subsection (d) to read as follows:
(d) A qualifying local government may impose and collect
interest charges and penalties on delinquent mandatory payments
authorized under this chapter in amounts up to the maximum
authorized for any other delinquent payment required to be made to
the district.
SECTION 8. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.