Texas 2025 - 89th Regular

Texas Senate Bill SB1934 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R9797 SRA-F
2	2	By: Hinojosa of Hidalgo S.B. No. 1934
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the operation of certain health care provider
10	10	participation programs in this state.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle D, Title 4, Health and Safety Code, is
13	13	amended by adding Chapter 300B to read as follows:
14	14	CHAPTER 300B. PROVISIONS GENERALLY APPLICABLE TO HEALTH CARE
15	15	PROVIDER PARTICIPATION PROGRAMS
16	16	Sec. 300B.0001. DEFINITION. In this chapter, "qualifying
17	17	local government" means:
18	18	(1) a county, municipality, or hospital district that
19	19	is participating in a health care provider participation program
20	20	authorized by another chapter of this subtitle;
21	21	(2) a health care funding district created under
22	22	Chapter 288; or
23	23	(3) a health care provider participation district
24	24	created under Chapter 300A.
25	25	Sec. 300B.0002. PERMISSIVE POWERS; LIMITATIONS. (a) A
26	26	qualifying local government is not required to exercise the powers
27	27	granted by this chapter.
28	28	(b) A qualifying local government may only exercise the
29	29	powers granted by this chapter for the health care provider
30	30	participation program that the qualifying local government
31	31	administers.
32	32	(c) Before a qualifying local government exercises a power
33	33	granted by this chapter, the qualifying local government must
34	34	comply with procedural requirements relating to the setting of the
35	35	amount of mandatory payments applicable to the health care provider
36	36	participation program administered by the qualifying local
37	37	government, including all applicable public notice and hearing
38	38	requirements.
39	39	Sec. 300B.0003. MANDATORY PAYMENTS. (a) The governing
40	40	body of a qualifying local government may require mandatory
41	41	payments to be assessed against each institutional health care
42	42	provider located in the qualifying local government. Mandatory
43	43	payments must be assessed in a manner that complies with 42 C.F.R.
44	44	Section 433.68(f)(3)(i)(A) and may not be assessed at a rate or in
45	45	an amount that would generate an amount of revenue that exceeds the
46	46	greater of:
47	47	(1) the amount of revenue the qualifying local
48	48	government is authorized to generate under the chapter of this
49	49	subtitle applicable to the health care provider participation
50	50	program administered by that qualifying local government; or
51	51	(2) the amount of revenue that, when added to the
52	52	amount of revenue generated by all other mandatory payments
53	53	assessed against all hospitals in this state, equals an amount that
54	54	does not exceed six percent of the aggregate net patient revenue
55	55	attributable to hospital services provided by all hospitals in this
56	56	state.
57	57	(b) If the governing body of a qualifying local government
58	58	requires a mandatory payment to be assessed in the manner
59	59	authorized by Subsection (a)(2) and the resulting amount of the
60	60	mandatory payment exceeds the amount of the mandatory payment
61	61	authorized by Subsection (a)(1), not later than the 20th day before
62	62	the date of a hearing regarding the amount of mandatory payments the
63	63	governing body intends to require or, if no hearing is required, not
64	64	later than the 20th day before the date the governing body requires
65	65	the mandatory payments to be assessed, the governing body shall
66	66	notify the Health and Human Services Commission of the amount of any
67	67	mandatory payments that the governing body intends to require
68	68	during the year.
69	69	(c) The Health and Human Services Commission:
70	70	(1) shall determine whether the amount of any
71	71	mandatory payments that the governing body intends to require under
72	72	Subsection (b) complies with federal law; and
73	73	(2) not later than the 19th day after the date the
74	74	commission receives notice under Subsection (b), may require the
75	75	governing body to:
76	76	(A) reduce the amount of any mandatory payments
77	77	the governing body intends to require during the year; or
78	78	(B) make other procedural changes to the
79	79	operations of the health care provider participation program for
80	80	purposes of ensuring the program complies with federal law.
81	81	Sec. 300B.0004. COMMISSION MAY REFUSE INTERGOVERNMENTAL
82	82	TRANSFERS. The Health and Human Services Commission may refuse to
83	83	accept all or any part of an intergovernmental transfer
84	84	attributable to mandatory payments from a qualifying local
85	85	government that fails to comply with a reduction or procedural
86	86	change required by the commission under Section 300B.0003(c)(2).
87	87	Sec. 300B.0005. CONSTRUCTION OF CHAPTER. (a) This chapter
88	88	may not be construed to affect the authority of a qualifying local
89	89	government to use mandatory payments in the manner authorized by
90	90	the laws applicable to the health care provider participation
91	91	program administered by the qualifying local government.
92	92	(b) This chapter does not authorize a qualifying local
93	93	government to:
94	94	(1) assess a mandatory payment that would qualify as a
95	95	bed tax or any other tax under the laws of this state; or
96	96	(2) require payment of a mandatory payment by a public
97	97	hospital, unless authorized under the chapter of this subtitle
98	98	applicable to the health care provider participation program
99	99	administered by that qualifying local government.
100	100	(c) This chapter does not authorize a statewide assessment
101	101	on hospitals in this state.
102	102	SECTION 2. This Act takes effect immediately if it receives
103	103	a vote of two-thirds of all the members elected to each house, as
104	104	provided by Section 39, Article III, Texas Constitution. If this
105	105	Act does not receive the vote necessary for immediate effect, this
106	106	Act takes effect September 1, 2025.