Texas 2023 - 88th Regular

Texas House Bill HB4775 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R14386 MPF-F
2	2	By: Darby H.B. No. 4775
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 293A.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-related basis consistent with 42 U.S.C. Section 1396b(w) on
14	14	which the commissioners court of a county requires mandatory
15	15	payments to be assessed under this chapter.
16	16	SECTION 2. Section 293A.054(a), Health and Safety Code, is
17	17	amended to read as follows:
18	18	(a) The commissioners court of a county that collects a
19	19	mandatory payment authorized under this chapter may [shall] require
20	20	each institutional health care provider located in the county to
21	21	submit to the county a copy of any financial and utilization data as
22	22	reported in:
23	23	(1) reporting required by [and reported to] the
24	24	Department of State Health Services under Sections 311.032 and
25	25	311.033 and any rules adopted by the executive commissioner of the
26	26	Health and Human Services Commission to implement those sections;
27	27	(2) the provider's Medicare cost report for the most
28	28	recent fiscal year for which the provider submitted the Medicare
29	29	cost report; or
30	30	(3) a report other than a report described by
31	31	Subdivision (1) or (2) that the commissioners court considers
32	32	reliable and is submitted by or to the provider for the most recent
33	33	fiscal year.
34	34	SECTION 3. Subchapter B, Chapter 293A, Health and Safety
35	35	Code, is amended by adding Section 293A.055 to read as follows:
36	36	Sec. 293A.055. REQUEST FOR CERTAIN RELIEF. (a) The
37	37	commissioners court of a county may request that the Health and
38	38	Human Services Commission submit a request to the Centers for
39	39	Medicare and Medicaid Services for relief under 42 C.F.R. Section
40	40	433.72 for purposes of assuring the program is administered
41	41	efficiently, transparently, and in a manner that complies with
42	42	federal law.
43	43	(b) If the request for relief under Subsection (a) is
44	44	granted, the commissioners court of a county may act in compliance
45	45	with the terms of the relief. To the extent of a conflict between
46	46	the terms of the relief and any law, including a provision of this
47	47	subtitle, requiring mandatory payments be assessed in a uniform or
48	48	broad-based manner, the terms of the relief prevail.
49	49	SECTION 4. The heading to Section 293A.151, Health and
50	50	Safety Code, is amended to read as follows:
51	51	Sec. 293A.151. MANDATORY PAYMENTS [BASED ON PAYING HOSPITAL
52	52	NET PATIENT REVENUE].
53	53	SECTION 5. Section 293A.151, Health and Safety Code, is
54	54	amended by amending Subsections (a) and (b) and adding Subsections
55	55	(a-1), (a-2), and (f) to read as follows:
56	56	(a) Except as provided by Subsection (e), the commissioners
57	57	court of a county that collects a mandatory payment authorized
58	58	under this chapter may require an annual mandatory payment to be
59	59	assessed against each institutional health care provider located in
60	60	the county on a qualifying assessment basis [the net patient
61	61	revenue of each institutional health care provider located in the
62	62	county]. The qualifying assessment basis must be the same for each
63	63	institutional health care provider located in the county. The
64	64	commissioners court may provide for the mandatory payment to be
65	65	assessed quarterly.
66	66	(a-1) Except as otherwise provided by this subsection, the
67	67	qualifying assessment basis must be determined by the commissioners
68	68	court using data reported to the Department of State Health
69	69	Services under Sections 311.032 and 311.033 by an institutional
70	70	health care provider for the most recent fiscal year the provider
71	71	reported the data or, if the provider did not report any data under
72	72	those sections, the provider's Medicare cost report for the most
73	73	recent fiscal year for which the provider submitted the report. If
74	74	neither the data reported under Sections 311.032 and 311.033 nor
75	75	the Medicare cost report contains information necessary to
76	76	determine the qualifying assessment basis, the qualifying
77	77	assessment basis may be determined by the commissioners court using
78	78	information contained in another report the commissioners court
79	79	considers reliable that is submitted by or to the provider for the
80	80	most recent fiscal year. To the extent practicable, the
81	81	commissioners court shall use the same type of report to determine
82	82	the qualifying assessment basis for each paying hospital in the
83	83	county.
84	84	(a-2) [In the first year in which the mandatory payment is
85	85	required, the mandatory payment is assessed on the net patient
86	86	revenue of an institutional health care provider as determined by
87	87	the data reported to the Department of State Health Services under
88	88	Sections 311.032 and 311.033 in the fiscal year ending in 2015 or,
89	89	if the institutional health care provider did not report any data
90	90	under those sections in that fiscal year, as determined by the
91	91	institutional health care provider's Medicare cost report
92	92	submitted for the 2015 fiscal year or for the closest subsequent
93	93	fiscal year for which the provider submitted the Medicare cost
94	94	report.] The county shall update the amount of the mandatory
95	95	payment on an annual basis.
96	96	(b) The amount of a mandatory payment authorized under this
97	97	chapter must be determined in a manner that ensures the revenue
98	98	generated qualifies for federal matching funds under federal law,
99	99	consistent with [uniformly proportionate with the amount of net
100	100	patient revenue generated by each paying hospital in the county. A
101	101	mandatory payment authorized under this chapter may not hold
102	102	harmless any institutional health care provider, as required under]
103	103	42 U.S.C. Section 1396b(w).
104	104	(f) This section does not authorize the commissioners court
105	105	of a county to assess a mandatory payment that would qualify as a
106	106	bed tax or any other tax under the laws of this state.
107	107	SECTION 6. This Act takes effect immediately if it receives
108	108	a vote of two-thirds of all the members elected to each house, as
109	109	provided by Section 39, Article III, Texas Constitution. If this
110	110	Act does not receive the vote necessary for immediate effect, this
111	111	Act takes effect September 1, 2023.