88R6817 SRA-F
By: Ashby H.B. No. 3456
A BILL TO BE ENTITLED
AN ACT
relating to the operation of certain health care provider
participation programs in this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 292C.004, Health and Safety Code, is
amended to read as follows:
Sec. 292C.004. EXPIRATION. The authority of a county to
administer and operate a program under this chapter expires
December 31, 2027 [2023].
SECTION 2. Section 298A.004, Health and Safety Code, is
amended to read as follows:
Sec. 298A.004. EXPIRATION. (a) Subject to Section
298A.153(d), the authority of the district to administer and
operate a program under this chapter expires December 31, 2027
[2025].
(b) This chapter expires December 31, 2027 [2025].
SECTION 3. Section 298B.004, Health and Safety Code, is
amended to read as follows:
Sec. 298B.004. EXPIRATION OF AUTHORITY. (a) Subject to
Sections 298B.153(d) and 298B.154, the authority of the district to
administer and operate a program under this chapter expires
December 31, 2027 [2025].
(b) Subsection (a) does not affect the authority of the
district to require and collect a mandatory payment under Section
298B.154 after December 31, 2027 [2025], if necessary.
SECTION 4. Section 298E.004, Health and Safety Code, is
amended to read as follows:
Sec. 298E.004. EXPIRATION. (a) Subject to Section
298E.153(d), the authority of a district to administer and operate
a program under this chapter expires December 31, 2027 [2023].
(b) This chapter expires December 31, 2027 [2023].
SECTION 5. 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 6. Section 298G.004, Health and Safety Code, is
amended to read as follows:
Sec. 298G.004. EXPIRATION. (a) Subject to Section
298G.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 7. Section 299.004, Health and Safety Code, is
amended to read as follows:
Sec. 299.004. EXPIRATION. (a) Subject to Section
299.153(d), the authority of the district to administer and operate
a program under this chapter expires December 31, 2025 [2023].
(b) This chapter expires December 31, 2025 [2023].
SECTION 8. Section 300.0003, Health and Safety Code, is
amended to read as follows:
Sec. 300.0003. APPLICABILITY. This chapter applies only
to:
(1) a hospital district that is not authorized to
create [participating in] a health care provider participation
program under [authorized by] another chapter of this subtitle; and
(2) a county or municipality that[:
[(A)] is not authorized to create [participating
in] a health care provider participation program under [authorized
by] another chapter of this subtitle[; and
[(B) is not served by a hospital district or a
public hospital].
SECTION 9. Subtitle D, Title 4, Health and Safety Code, is
amended by adding Chapter 300B to read as follows:
CHAPTER 300B. PROVISIONS GENERALLY APPLICABLE TO HEALTH CARE
PROVIDER PARTICIPATION PROGRAMS
Sec. 300B.0001. DEFINITION. In this chapter, "qualifying
local government" means:
(1) a county, municipality, or hospital district that
is participating in a health care provider participation program
authorized by another chapter of this subtitle;
(2) a health care funding district created under
Chapter 288; or
(3) a health care provider participation district
created under Chapter 300A.
Sec. 300B.0002. PERMISSIVE POWERS; LIMITATIONS. (a) A
qualifying local government is not required to exercise the powers
granted by this chapter.
(b) A qualifying local government may only exercise the
powers granted by this chapter for the health care provider
participation program that the qualifying local government
administers.
(c) Before a qualifying local government exercises a power
granted by this chapter, the qualifying local government must
comply with procedural requirements relating to the setting of the
amount of mandatory payments applicable to the health care provider
participation program administered by the qualifying local
government, including all applicable public notice and hearing
requirements.
Sec. 300B.0003. ASSESSMENT BASIS. (a) The governing body
of a qualifying local government may require mandatory payments to
be assessed against each institutional health care provider located
in the qualifying local government on the basis of either:
(1) the assessment basis required by the laws
applicable to the health care provider participation program
administered by the qualifying local government; or
(2) any other basis permitted by 42 U.S.C. Section
1396b(w)(3).
(b) This section may not be construed to affect the
authority of a qualifying local government to assess or use
mandatory payments in the manner authorized by the laws applicable
to the health care provider participation program administered by
the qualifying local government.
(c) The aggregate amount of the mandatory payments required
of all paying providers in the health care provider participation
program administered by the qualifying local government may not
exceed six percent of the aggregate net patient revenue from
hospital services provided in the qualifying local government's
jurisdiction.
(d) This section does not authorize a qualifying local
government to assess a mandatory payment that would qualify as a bed
tax or any other tax under the laws of this state.
Sec. 300B.0004. ADDITIONAL REPORTING. The governing body
of a qualifying local government that is unable to assess mandatory
payments in a manner consistent with the requirements of 42 U.S.C.
Section 1396b(w) and 42 C.F.R. Section 433.68 using information
reported to the governing body by an institutional health care
provider may require the institutional health care provider to
submit additional information to the governing body as necessary to
ensure mandatory payments are assessed in a manner consistent with
those requirements.
Sec. 300B.0005. REQUEST FOR CERTAIN RELIEF. (a) The
governing body of a qualifying local government may request that
the Health and Human Services Commission submit a request to the
Centers for Medicare and Medicaid Services for relief under 42
C.F.R. Section 433.72 for purposes of assuring the qualifying local
government's health care provider participation program is
administered efficiently, transparently, and in a manner that
complies with federal law.
(b) If the request for relief under Subsection (a) is
granted, the qualifying local government may act in compliance with
the terms of the relief. To the extent of a conflict between the
terms of the relief and another law, including a provision of this
subtitle requiring mandatory payments be assessed in a uniform or
broad-based manner, the terms of the relief prevail.
Sec. 300B.0006. INTEREST AND PENALTIES. A qualifying local
government may impose and collect interest and penalties on
delinquent mandatory payments assessed by the qualifying local
government under the health care provider participation program it
administers in any amount that does not exceed the maximum amount
authorized for other payments that are owed to the qualifying local
government and are delinquent.
SECTION 10. 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.