Bill Text: TX HB1185 | 2023-2024 | 88th Legislature | Introduced


Bill Title: Relating to the creation and operation of pediatric long-term care access assurance programs in certain counties.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-03-28 - Withdrawn from schedule [HB1185 Detail]

Download: Texas-2023-HB1185-Introduced.html
  88R2357 SRA-F
 
  By: Dean H.B. No. 1185
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation and operation of pediatric long-term care
  access assurance programs in certain counties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle D, Title 4, Health and Safety Code, is
  amended by adding Chapter 300B to read as follows:
  CHAPTER 300B. COUNTY PEDIATRIC LONG-TERM CARE ACCESS ASSURANCE
  PROGRAM IN CERTAIN COUNTIES
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 300B.0001.  DEFINITIONS. In this chapter:
               (1)  "Paying facility" means a pediatric long-term care
  facility required to make a mandatory payment under this chapter.
               (2)  "Pediatric long-term care facility" means a
  facility licensed under Chapter 242 that maintains an average daily
  occupancy rate of 80 percent or more children during the 12-month
  period preceding the date the commissioners court of the applicable
  county adopts an order under Section 300B.0003.
         Sec. 300B.0002.  APPLICABILITY. This chapter applies only
  to a county that:
               (1)  is served by a pediatric long-term care facility;
               (2)  has a population of more than 36,000 and less than
  41,000; and
               (3)  is adjacent to a county with a population of more
  than 200,000 and less than 233,500.
         Sec. 300B.0003.  COUNTY PEDIATRIC LONG-TERM CARE ACCESS
  ASSURANCE PROGRAM; PARTICIPATION IN PROGRAM. (a) A county
  pediatric long-term care access assurance program authorizes a
  county to collect a mandatory payment from each pediatric long-term
  care facility located in the county to be deposited in a local
  pediatric long-term care access assurance fund established by the
  county. Money in the fund may be used by the county to fund certain
  intergovernmental transfers as provided by this chapter.
         (b)  The commissioners court of a county may adopt an order
  authorizing the county to participate in a county pediatric
  long-term care access assurance program, subject to the limitations
  provided by this chapter.
  SUBCHAPTER B. POWERS AND DUTIES OF COMMISSIONERS COURT
         Sec. 300B.0051.  LIMITATION ON AUTHORITY TO REQUIRE
  MANDATORY PAYMENT. The commissioners court of a county may require
  a mandatory payment authorized under this chapter by a pediatric
  long-term care facility in the county only in the manner provided by
  this chapter.
         Sec. 300B.0052.  MAJORITY VOTE REQUIRED. The commissioners
  court of a county may not authorize the county to collect a
  mandatory payment authorized under this chapter without an
  affirmative vote of a majority of the members of the commissioners
  court.
         Sec. 300B.0053.  RULES AND PROCEDURES. After the
  commissioners court of a county has voted to require a mandatory
  payment authorized under this chapter, the commissioners court may
  adopt rules relating to the administration of the mandatory
  payment.
         Sec. 300B.0054.  PEDIATRIC LONG-TERM CARE FACILITY
  REPORTING; INSPECTION OF RECORDS. (a) The commissioners court of a
  county that collects a mandatory payment authorized under this
  chapter shall require each pediatric long-term care facility to
  submit to the county information necessary for the county to ensure
  mandatory payments are collected under this chapter in a manner
  that is consistent with 42 U.S.C. Section 1396b(w) and 42 C.F.R.
  Section 433.68.
         (b)  The commissioners court of a county that collects a
  mandatory payment authorized under this chapter may inspect the
  records of a pediatric long-term care facility to the extent
  necessary to ensure compliance with the requirements of Subsection
  (a).
  SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS
         Sec. 300B.0101.  HEARING. (a) Each year, the commissioners
  court of a county that collects a mandatory payment authorized
  under this chapter shall hold a public hearing on the amounts of any
  mandatory payments that the commissioners court intends to require
  during the year.
         (b)  Not later than the fifth day before the date of the
  hearing required under Subsection (a), the commissioners court of a
  county shall publish notice of the hearing in a newspaper of general
  circulation in the county.
         (c)  A representative of a paying facility is entitled to
  appear at the time and place designated in the public notice and to
  be heard regarding any matter related to the mandatory payments
  authorized under this chapter.
         Sec. 300B.0102.  DEPOSITORY. (a) The commissioners court
  of each county that collects a mandatory payment authorized under
  this chapter shall designate one or more banks located in the county
  as the depository for mandatory payments received by the county.
         (b)  All income received by a county under this chapter,
  including the revenue from mandatory payments remaining after
  discounts and fees for assessing and collecting the payments are
  deducted, shall be deposited with the county depository in the
  county's pediatric long-term care access assurance fund and may be
  withdrawn only as provided by this chapter.
         (c)  All money received under this chapter shall be secured
  in the manner provided by law for securing county money.
         Sec. 300B.0103.  PEDIATRIC LONG-TERM CARE ACCESS ASSURANCE
  FUND; AUTHORIZED USES OF MONEY. (a) Each county that collects a
  mandatory payment authorized under this chapter shall create a
  pediatric long-term care access assurance fund.
         (b)  The pediatric long-term care access assurance fund of a
  county consists of:
               (1)  all revenue received by the county attributable to
  mandatory payments authorized under this chapter, including any
  penalties and interest attributable to delinquent payments;
               (2)  money received from the Health and Human Services
  Commission as a refund of an intergovernmental transfer from the
  county to the state for the purpose of providing the nonfederal
  share of Medicaid payment programs, provided that the
  intergovernmental transfer does not receive a federal matching
  payment; and
               (3)  the earnings of the fund.
         (c)  Money deposited to the pediatric long-term care access
  assurance fund of a county may be used only to:
               (1)  fund intergovernmental transfers from the county
  to the state to provide the nonfederal share of a Medicaid payment
  program authorized under the state Medicaid plan, the Texas
  Healthcare Transformation and Quality Improvement Program waiver
  issued under Section 1115 of the federal Social Security Act (42
  U.S.C. Section 1315), or a successor waiver program authorizing
  similar Medicaid payment programs;
               (2)  pay the administrative expenses of the county
  solely for activities under this chapter;
               (3)  refund a portion of a mandatory payment collected
  in error from a paying facility; and
               (4)  refund to paying facilities the proportionate
  share of money received by the county that is not used to fund the
  nonfederal share of a Medicaid payment program.
         (d)  Money in the pediatric long-term care access assurance
  fund of a county may not be commingled with other county money.
         (e)  An intergovernmental transfer of money described by
  Subsection (c)(1) and any money received by a county as a result of
  an intergovernmental transfer described by that subdivision may not
  be used by the county or any other entity to expand Medicaid
  eligibility under the Patient Protection and Affordable Care Act
  (Pub. L. No. 111-148) as amended by the Health Care and Education
  Reconciliation Act of 2010 (Pub. L. No. 111-152).
  SUBCHAPTER D. MANDATORY PAYMENTS
         Sec. 300B.0151.  MANDATORY PAYMENTS BASED ON PAYING FACILITY
  NET PATIENT REVENUE. (a) Subject to Subsection (e), the
  commissioners court of a county that collects a mandatory payment
  authorized under this chapter may require an annual mandatory
  payment to be assessed on the net patient revenue of each pediatric
  long-term care facility located in the county. The commissioners
  court may provide for the mandatory payment to be assessed
  quarterly. The county shall update the amount of the mandatory
  payment on an annual basis.
         (b)  The amount of a mandatory payment authorized under this
  chapter must be uniformly proportionate with the amount of net
  patient revenue generated by each paying facility in a county. A
  mandatory payment authorized under this chapter may not hold
  harmless any pediatric long-term care facility, as required under
  42 U.S.C. Section 1396b(w).
         (c)  The commissioners court of a county that collects a
  mandatory payment authorized under this chapter shall set the
  amount of the mandatory payment. The amount of the mandatory
  payment required of each paying facility may not exceed six percent
  of the paying facility's net patient revenue.
         (d)  Subject to the maximum amount prescribed by Subsection
  (c), the commissioners court of a county that collects a mandatory
  payment authorized under this chapter shall set the mandatory
  payments in amounts that in the aggregate will generate sufficient
  revenue to cover the administrative expenses of the county for
  activities under this chapter and to fund an intergovernmental
  transfer described by Section 300B.0103(c)(1), except that the
  amount of revenue from mandatory payments used for administrative
  expenses of the county for activities under this chapter in a year
  may not exceed the lesser of four percent of the total revenue
  generated from the mandatory payment or $20,000.
         (e)  A paying facility may not add a mandatory payment
  authorized under this section as a surcharge to a patient.
         Sec. 300B.0152.  ASSESSMENT AND COLLECTION OF MANDATORY
  PAYMENTS. The county may collect or contract for the assessment and
  collection of mandatory payments authorized under this chapter.
         Sec. 300B.0153.  INTEREST, PENALTIES, AND DISCOUNTS.
  Interest, penalties, and discounts on mandatory payments
  authorized under this chapter are governed by the law applicable to
  county ad valorem taxes.
         Sec. 300B.0154.  PURPOSE; CORRECTION OF INVALID PROVISION OR
  PROCEDURE. (a) The purpose of this chapter is to generate revenue
  by collecting from pediatric long-term care facilities a mandatory
  payment to be used to provide the nonfederal share of a Medicaid
  payment program.
         (b)  To the extent any provision or procedure under this
  chapter causes a mandatory payment authorized under this chapter to
  be ineligible for federal matching funds, a county may provide by
  rule for an alternative provision or procedure that conforms to the
  requirements of the federal Centers for Medicare and Medicaid
  Services.
         SECTION 2.  If before implementing any provision of this Act
  a state agency determines that a waiver or authorization from a
  federal agency is necessary for implementation of that provision,
  the agency affected by the provision shall request the waiver or
  authorization and may delay implementing that provision until the
  waiver or authorization is granted.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2023.
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