Texas 2023 - 88th Regular

Texas Senate Bill SB1755 Compare Versions

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Version 2 (New)

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1	1	88R6817 SRA-F
2	2	By: Hinojosa, Blanco, Nichols S.B. No. 1755
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the operation of certain health care provider
8	8	participation programs in this state.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 292C.004, Health and Safety Code, is
11	11	amended to read as follows:
12	12	Sec. 292C.004. EXPIRATION. The authority of a county to
13	13	administer and operate a program under this chapter expires
14	14	December 31, 2027 [2023].
15	15	SECTION 2. Section 298A.004, Health and Safety Code, is
16	16	amended to read as follows:
17	17	Sec. 298A.004. EXPIRATION. (a) Subject to Section
18	18	298A.153(d), the authority of the district to administer and
19	19	operate a program under this chapter expires December 31, 2027
20	20	[2025].
21	21	(b) This chapter expires December 31, 2027 [2025].
22	22	SECTION 3. Section 298B.004, Health and Safety Code, is
23	23	amended to read as follows:
24	24	Sec. 298B.004. EXPIRATION OF AUTHORITY. (a) Subject to
25	25	Sections 298B.153(d) and 298B.154, the authority of the district to
26	26	administer and operate a program under this chapter expires
27	27	December 31, 2027 [2025].
28	28	(b) Subsection (a) does not affect the authority of the
29	29	district to require and collect a mandatory payment under Section
30	30	298B.154 after December 31, 2027 [2025], if necessary.
31	31	SECTION 4. Section 298E.004, Health and Safety Code, is
32	32	amended to read as follows:
33	33	Sec. 298E.004. EXPIRATION. (a) Subject to Section
34	34	298E.153(d), the authority of a district to administer and operate
35	35	a program under this chapter expires December 31, 2027 [2023].
36	36	(b) This chapter expires December 31, 2027 [2023].
37	37	SECTION 5. Section 298F.004, Health and Safety Code, is
38	38	amended to read as follows:
39	39	Sec. 298F.004. EXPIRATION. (a) Subject to Section
40	40	298F.153(d), the authority of the district to administer and
41	41	operate a program under this chapter expires December 31, 2027
42	42	[2023].
43	43	(b) This chapter expires December 31, 2027 [2023].
44	44	SECTION 6. Section 298G.004, Health and Safety Code, is
45	45	amended to read as follows:
46	46	Sec. 298G.004. EXPIRATION. (a) Subject to Section
47	47	298G.153(d), the authority of the district to administer and
48	48	operate a program under this chapter expires December 31, 2027
49	49	[2023].
50	50	(b) This chapter expires December 31, 2027 [2023].
51	51	SECTION 7. Section 299.004, Health and Safety Code, is
52	52	amended to read as follows:
53	53	Sec. 299.004. EXPIRATION. (a) Subject to Section
54	54	299.153(d), the authority of the district to administer and operate
55	55	a program under this chapter expires December 31, 2025 [2023].
56	56	(b) This chapter expires December 31, 2025 [2023].
57	57	SECTION 8. Section 300.0003, Health and Safety Code, is
58	58	amended to read as follows:
59	59	Sec. 300.0003. APPLICABILITY. This chapter applies only
60	60	to:
61	61	(1) a hospital district that is not authorized to
62	62	create [participating in] a health care provider participation
63	63	program under [authorized by] another chapter of this subtitle; and
64	64	(2) a county or municipality that[:
65	65	[(A)] is not authorized to create [participating
66	66	in] a health care provider participation program under [authorized
67	67	by] another chapter of this subtitle[; and
68	68	[(B) is not served by a hospital district or a
69	69	public hospital].
70	70	SECTION 9. Subtitle D, Title 4, Health and Safety Code, is
71	71	amended by adding Chapter 300B to read as follows:
72	72	CHAPTER 300B. PROVISIONS GENERALLY APPLICABLE TO HEALTH CARE
73	73	PROVIDER PARTICIPATION PROGRAMS
74	74	Sec. 300B.0001. DEFINITION. In this chapter, "qualifying
75	75	local government" means:
76	76	(1) a county, municipality, or hospital district that
77	77	is participating in a health care provider participation program
78	78	authorized by another chapter of this subtitle;
79	79	(2) a health care funding district created under
80	80	Chapter 288; or
81	81	(3) a health care provider participation district
82	82	created under Chapter 300A.
83	83	Sec. 300B.0002. PERMISSIVE POWERS; LIMITATIONS. (a) A
84	84	qualifying local government is not required to exercise the powers
85	85	granted by this chapter.
86	86	(b) A qualifying local government may only exercise the
87	87	powers granted by this chapter for the health care provider
88	88	participation program that the qualifying local government
89	89	administers.
90	90	(c) Before a qualifying local government exercises a power
91	91	granted by this chapter, the qualifying local government must
92	92	comply with procedural requirements relating to the setting of the
93	93	amount of mandatory payments applicable to the health care provider
94	94	participation program administered by the qualifying local
95	95	government, including all applicable public notice and hearing
96	96	requirements.
97	97	Sec. 300B.0003. ASSESSMENT BASIS. (a) The governing body
98	98	of a qualifying local government may require mandatory payments to
99	99	be assessed against each institutional health care provider located
100	100	in the qualifying local government on the basis of either:
101	101	(1) the assessment basis required by the laws
102	102	applicable to the health care provider participation program
103	103	administered by the qualifying local government; or
104	104	(2) any other basis permitted by 42 U.S.C. Section
105	105	1396b(w)(3).
106	106	(b) This section may not be construed to affect the
107	107	authority of a qualifying local government to assess or use
108	108	mandatory payments in the manner authorized by the laws applicable
109	109	to the health care provider participation program administered by
110	110	the qualifying local government.
111	111	(c) The aggregate amount of the mandatory payments required
112	112	of all paying providers in the health care provider participation
113	113	program administered by the qualifying local government may not
114	114	exceed six percent of the aggregate net patient revenue from
115	115	hospital services provided in the qualifying local government's
116	116	jurisdiction.
117	117	(d) This section does not authorize a qualifying local
118	118	government to assess a mandatory payment that would qualify as a bed
119	119	tax or any other tax under the laws of this state.
120	120	Sec. 300B.0004. ADDITIONAL REPORTING. The governing body
121	121	of a qualifying local government that is unable to assess mandatory
122	122	payments in a manner consistent with the requirements of 42 U.S.C.
123	123	Section 1396b(w) and 42 C.F.R. Section 433.68 using information
124	124	reported to the governing body by an institutional health care
125	125	provider may require the institutional health care provider to
126	126	submit additional information to the governing body as necessary to
127	127	ensure mandatory payments are assessed in a manner consistent with
128	128	those requirements.
129	129	Sec. 300B.0005. REQUEST FOR CERTAIN RELIEF. (a) The
130	130	governing body of a qualifying local government may request that
131	131	the Health and Human Services Commission submit a request to the
132	132	Centers for Medicare and Medicaid Services for relief under 42
133	133	C.F.R. Section 433.72 for purposes of assuring the qualifying local
134	134	government's health care provider participation program is
135	135	administered efficiently, transparently, and in a manner that
136	136	complies with federal law.
137	137	(b) If the request for relief under Subsection (a) is
138	138	granted, the qualifying local government may act in compliance with
139	139	the terms of the relief. To the extent of a conflict between the
140	140	terms of the relief and another law, including a provision of this
141	141	subtitle requiring mandatory payments be assessed in a uniform or
142	142	broad-based manner, the terms of the relief prevail.
143	143	Sec. 300B.0006. INTEREST AND PENALTIES. A qualifying local
144	144	government may impose and collect interest and penalties on
145	145	delinquent mandatory payments assessed by the qualifying local
146	146	government under the health care provider participation program it
147	147	administers in any amount that does not exceed the maximum amount
148	148	authorized for other payments that are owed to the qualifying local
149	149	government and are delinquent.
150	150	SECTION 10. This Act takes effect immediately if it
151	151	receives a vote of two-thirds of all the members elected to each
152	152	house, as provided by Section 39, Article III, Texas Constitution.
153	153	If this Act does not receive the vote necessary for immediate
154	154	effect, this Act takes effect September 1, 2023.