Texas 2023 - 88th Regular

Texas Senate Bill SB706 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R7196 SRA-F
2	2	By: Miles S.B. No. 706
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the continuation and operations of a health care
8	8	provider participation program by the Harris County Hospital
9	9	District.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 299.001, Health and Safety Code, is
12	12	amended by adding Subdivision (6) to read as follows:
13	13	(6) "Qualifying assessment basis" means any basis
14	14	consistent with 42 U.S.C. Section 1396b(w) on which the board
15	15	requires mandatory payments to be assessed under this chapter.
16	16	SECTION 2. Section 299.004, Health and Safety Code, is
17	17	amended to read as follows:
18	18	Sec. 299.004. EXPIRATION. (a) Subject to Section
19	19	299.153(d), the authority of the district to administer and operate
20	20	a program under this chapter expires December 31, 2025 [2023].
21	21	(b) This chapter expires December 31, 2025 [2023].
22	22	SECTION 3. Section 299.053, Health and Safety Code, is
23	23	amended to read as follows:
24	24	Sec. 299.053. INSTITUTIONAL HEALTH CARE PROVIDER
25	25	REPORTING. If the board authorizes the district to participate in a
26	26	program under this chapter, the board may [shall] require each
27	27	institutional health care provider to submit to the district a copy
28	28	of any financial and utilization data as reported in:
29	29	(1) the provider's Medicare cost report [submitted]
30	30	for the most recent [previous fiscal year or for the closest
31	31	subsequent] fiscal year for which the provider submitted the
32	32	Medicare cost report; or
33	33	(2) a report other than the report described by
34	34	Subdivision (1) that the board considers reliable and is submitted
35	35	by or to the provider for the most recent fiscal year.
36	36	SECTION 4. Subchapter B, Chapter 299, Health and Safety
37	37	Code, is amended by adding Sections 299.054 and 299.055 to read as
38	38	follows:
39	39	Sec. 299.054. REQUEST FOR CERTAIN RELIEF. (a) The board
40	40	may request that the Health and Human Services Commission submit a
41	41	request to the Centers for Medicare and Medicaid Services for
42	42	relief under 42 C.F.R. Section 433.72 for purposes of assuring the
43	43	program is administered efficiently, transparently, and in a manner
44	44	that complies with federal law.
45	45	(b) If the request for relief under Subsection (a) is
46	46	granted, the board may act in compliance with the terms of the
47	47	relief. To the extent of a conflict between the terms of the relief
48	48	and another law, including a provision of this subtitle requiring
49	49	mandatory payments be assessed in a uniform or broad-based manner,
50	50	the terms of the relief prevail.
51	51	Sec. 299.055. PROHIBITION ON IMPOSITION OF TAXES. This
52	52	chapter does not authorize the board to impose a bed tax or any
53	53	other tax under the laws of this state.
54	54	SECTION 5. The heading to Section 299.151, Health and
55	55	Safety Code, is amended to read as follows:
56	56	Sec. 299.151. MANDATORY PAYMENTS [BASED ON PAYING PROVIDER
57	57	NET PATIENT REVENUE].
58	58	SECTION 6. Section 299.151, Health and Safety Code, is
59	59	amended by amending Subsections (a), (b), and (c) and adding
60	60	Subsections (a-1) and (a-2) to read as follows:
61	61	(a) If the board authorizes a health care provider
62	62	participation program under this chapter, the board may require a
63	63	mandatory payment to be assessed against each institutional health
64	64	care provider located in the district, either annually or
65	65	periodically throughout the year at the discretion of the board, on
66	66	a qualifying assessment basis [the net patient revenue of each
67	67	institutional health care provider located in the district]. The
68	68	qualifying assessment basis must be the same for each institutional
69	69	health care provider in the district. The board shall provide an
70	70	institutional health care provider written notice of each
71	71	assessment under this section [subsection], and the provider has 30
72	72	calendar days following the date of receipt of the notice to pay the
73	73	assessment.
74	74	(a-1) Except as otherwise provided by this subsection, the
75	75	qualifying assessment basis must be determined by the board using
76	76	information contained in an institutional health care provider's
77	77	Medicare cost report for the most recent fiscal year for which the
78	78	provider submitted the report. If the provider is not required to
79	79	submit a Medicare cost report, or if the Medicare cost report
80	80	submitted by the provider does not contain information necessary to
81	81	determine the qualifying assessment basis, the qualifying
82	82	assessment basis may be determined by the board using information
83	83	contained in another report the board considers reliable that is
84	84	submitted by or to the provider for the most recent fiscal year. To
85	85	the extent practicable, the board shall use the same type of report
86	86	to determine the qualifying assessment basis for each paying
87	87	provider in the district.
88	88	(a-2) [In the first year in which the mandatory payment is
89	89	required, the mandatory payment is assessed on the net patient
90	90	revenue of an institutional health care provider, as determined by
91	91	the provider's Medicare cost report submitted for the previous
92	92	fiscal year or for the closest subsequent fiscal year for which the
93	93	provider submitted the Medicare cost report.] If a [the] mandatory
94	94	payment is required, the district shall update the amount of the
95	95	mandatory payment on an annual basis and may update the amount on a
96	96	more frequent basis.
97	97	(b) The amount of a mandatory payment authorized under this
98	98	chapter must be determined in a manner that ensures the revenue
99	99	generated qualifies for federal matching funds under federal law,
100	100	consistent with [uniformly proportionate with the amount of net
101	101	patient revenue generated by each paying provider in the district
102	102	as permitted under federal law. A health care provider
103	103	participation program authorized under this chapter may not hold
104	104	harmless any institutional health care provider, as required under]
105	105	42 U.S.C. Section 1396b(w).
106	106	(c) If the board requires a mandatory payment authorized
107	107	under this chapter, the board shall set the amount of the mandatory
108	108	payment, subject to the limitations of this chapter. The aggregate
109	109	amount of the mandatory payments required of all paying providers
110	110	in the district may not exceed six percent of the aggregate net
111	111	patient revenue from hospital services provided [by all paying
112	112	providers] in the district.
113	113	SECTION 7. Subchapter D, Chapter 299, Health and Safety
114	114	Code, is amended by adding Section 299.154 to read as follows:
115	115	Sec. 299.154. INTEREST AND PENALTIES. The district shall
116	116	impose and collect interest and penalties on delinquent mandatory
117	117	payments imposed under this chapter in any amount that does not
118	118	exceed the maximum amount authorized for other payments that are
119	119	owed to the district and are delinquent.
120	120	SECTION 8. This Act takes effect immediately if it receives
121	121	a vote of two-thirds of all the members elected to each house, as
122	122	provided by Section 39, Article III, Texas Constitution. If this
123	123	Act does not receive the vote necessary for immediate effect, this
124	124	Act takes effect September 1, 2023.