Texas 2023 - 88th Regular

Texas House Bill HB4143 Compare Versions

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1	1	88R5623 SRA-F
2	2	By: Lambert H.B. No. 4143
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the operations of certain local health care provider
8	8	participation programs.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 293C.001, Health and Safety Code, is
11	11	amended by adding Subdivision (4) to read as follows:
12	12	(4) "Qualifying assessment basis" means the health
13	13	care item, health care service, or other health care-related basis
14	14	consistent with 42 U.S.C. Section 1396b(w) on which the
15	15	commissioners court of a county requires mandatory payments to be
16	16	assessed under this chapter.
17	17	SECTION 2. Section 293C.002, Health and Safety Code, is
18	18	amended to read as follows:
19	19	Sec. 293C.002. APPLICABILITY. This chapter applies only to
20	20	a county that:
21	21	(1) is not served by a hospital district or a public
22	22	hospital;
23	23	(2) has a population of more than 140,000 [125,000]
24	24	and less than 155,000 [140,000]; and
25	25	(3) is not adjacent to a county with a population of
26	26	1.2 [one] million or more.
27	27	SECTION 3. Section 293C.054(a), Health and Safety Code, is
28	28	amended to read as follows:
29	29	(a) The commissioners court of a county that collects a
30	30	mandatory payment authorized under this chapter may [shall] require
31	31	each institutional health care provider located in the county to
32	32	submit to the county a copy of any financial and utilization data as
33	33	reported in:
34	34	(1) a report required by [and reported to] the
35	35	Department of State Health Services under Sections 311.032 and
36	36	311.033 and any rules adopted by the executive commissioner of the
37	37	Health and Human Services Commission to implement those sections;
38	38	(2) the provider's Medicare cost report for the most
39	39	recent fiscal year for which the provider submitted the Medicare
40	40	cost report; or
41	41	(3) a report other than a report described by
42	42	Subdivision (1) or (2) that the commissioners court considers
43	43	reliable and is submitted by or to the provider for the most recent
44	44	fiscal year.
45	45	SECTION 4. Subchapter B, Chapter 293C, Health and Safety
46	46	Code, is amended by adding Section 293C.055 to read as follows:
47	47	Sec. 293C.055. REQUEST FOR CERTAIN RELIEF. (a) The
48	48	commissioners court of a county may request that the Health and
49	49	Human Services Commission submit a request to the Centers for
50	50	Medicare and Medicaid Services for relief under 42 C.F.R. Section
51	51	433.72 for purposes of assuring the program is administered
52	52	efficiently, transparently, and in a manner that complies with
53	53	federal law.
54	54	(b) If the request for relief under Subsection (a) is
55	55	granted, the commissioners court of a county may act in compliance
56	56	with the terms of the relief. To the extent of a conflict between
57	57	the terms of the relief and any law, including a provision of this
58	58	subtitle, requiring mandatory payments be assessed in a uniform or
59	59	broad-based manner, the terms of the relief prevail.
60	60	SECTION 5. The heading to Section 293C.151, Health and
61	61	Safety Code, is amended to read as follows:
62	62	Sec. 293C.151. MANDATORY PAYMENTS [BASED ON PAYING HOSPITAL
63	63	NET PATIENT REVENUE].
64	64	SECTION 6. Section 293C.151, Health and Safety Code, is
65	65	amended by amending Subsections (a) and (b) and adding Subsections
66	66	(a-1), (a-2), and (f) to read as follows:
67	67	(a) Except as provided by Subsection (e), the commissioners
68	68	court of a county that collects a mandatory payment authorized
69	69	under this chapter may require an annual mandatory payment to be
70	70	assessed against each institutional health care provider located in
71	71	the county on a qualifying assessment basis [the net patient
72	72	revenue of each institutional health care provider located in the
73	73	county]. The qualifying assessment basis must be the same for each
74	74	institutional health care provider located in the county. The
75	75	commissioners court may provide for the mandatory payment to be
76	76	assessed quarterly.
77	77	(a-1) Except as otherwise provided by this subsection, the
78	78	qualifying assessment basis must be determined by the commissioners
79	79	court using data reported to the Department of State Health
80	80	Services under Sections 311.032 and 311.033 by an institutional
81	81	health care provider for the most recent fiscal year the provider
82	82	reported the data, or if the provider did not report any data under
83	83	those sections, the provider's Medicare cost report for the most
84	84	recent fiscal year for which the provider submitted the report. If
85	85	neither the data reported under Sections 311.032 and 311.033 nor
86	86	the Medicare cost report contain information necessary to determine
87	87	the qualifying assessment basis, the qualifying assessment basis
88	88	may be determined by the commissioners court using information
89	89	contained in another report the commissioners court considers
90	90	reliable that is submitted by or to the provider for the most recent
91	91	fiscal year. To the extent practicable, the commissioners court
92	92	shall use the same type of report to determine the qualifying
93	93	assessment basis for each paying hospital in the county.
94	94	(a-2) [In the first year in which the mandatory payment is
95	95	required, the mandatory payment is assessed on the net patient
96	96	revenue of an institutional health care provider as determined by
97	97	the data reported to the Department of State Health Services under
98	98	Sections 311.032 and 311.033 in the fiscal year ending in 2017 or,
99	99	if the institutional health care provider did not report any data
100	100	under those sections in that fiscal year, as determined by the
101	101	institutional health care provider's Medicare cost report
102	102	submitted for the 2017 fiscal year or for the closest subsequent
103	103	fiscal year for which the provider submitted the Medicare cost
104	104	report.] The county shall update the amount of the mandatory
105	105	payment on an annual basis.
106	106	(b) The amount of a mandatory payment authorized under this
107	107	chapter must be determined in a manner that ensures the revenue
108	108	generated qualifies for federal matching funds under federal law,
109	109	consistent with [uniformly proportionate with the amount of net
110	110	patient revenue generated by each paying hospital in the county. A
111	111	mandatory payment authorized under this chapter may not hold
112	112	harmless any institutional health care provider, as required under]
113	113	42 U.S.C. Section 1396b(w).
114	114	(f) This section does not authorize the commissioners court
115	115	of a county to assess a mandatory payment that would qualify as a
116	116	bed tax or any other tax under the laws of this state.
117	117	SECTION 7. This Act takes effect immediately if it receives
118	118	a vote of two-thirds of all the members elected to each house, as
119	119	provided by Section 39, Article III, Texas Constitution. If this
120	120	Act does not receive the vote necessary for immediate effect, this
121	121	Act takes effect September 1, 2023.