Bill Text: TX HB1338 | 2021-2022 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the continuation and operations of a health care provider participation program by the Harris County Hospital District.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2021-06-07 - Effective immediately [HB1338 Detail]
Download: Texas-2021-HB1338-Introduced.html
Bill Title: Relating to the continuation and operations of a health care provider participation program by the Harris County Hospital District.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2021-06-07 - Effective immediately [HB1338 Detail]
Download: Texas-2021-HB1338-Introduced.html
87R5232 JCG-F | ||
By: Coleman | H.B. No. 1338 |
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relating to the continuation and operations of a health care | ||
provider participation program by the Harris County Hospital | ||
District. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 299.001, Health and Safety Code, is | ||
amended by adding Subdivision (6) to read as follows: | ||
(6) "Qualifying assessment basis" means the health | ||
care item, health care service, or other health care-related basis | ||
consistent with 42 U.S.C. Section 1396b(w) on which the board | ||
requires mandatory payments to be assessed under this chapter. | ||
SECTION 2. Section 299.004, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 299.004. EXPIRATION. (a) Subject to Section | ||
299.153(d), the authority of the district to administer and operate | ||
a program under this chapter expires December 31, 2023 [ |
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(b) This chapter expires December 31, 2023 [ |
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SECTION 3. Section 299.053, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 299.053. INSTITUTIONAL HEALTH CARE PROVIDER | ||
REPORTING. If the board authorizes the district to participate in a | ||
program under this chapter, the board may [ |
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institutional health care provider to submit to the district a copy | ||
of any financial and utilization data as reported in: | ||
(1) the provider's Medicare cost report [ |
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for the most recent [ |
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Medicare cost report; or | ||
(2) a report other than the report described by | ||
Subdivision (1) that the board considers reliable and is submitted | ||
by or to the provider for the most recent fiscal year. | ||
SECTION 4. Section 299.103(c), Health and Safety Code, is | ||
amended to read as follows: | ||
(c) Money deposited to the local provider participation | ||
fund of the district may be used only to: | ||
(1) fund intergovernmental transfers from the | ||
district to the state to provide the nonfederal share of Medicaid | ||
payments for: | ||
(A) uncompensated care payments to nonpublic | ||
hospitals, if those payments are authorized under 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); | ||
(B) uniform rate enhancements for nonpublic | ||
hospitals in the Medicaid managed care service area in which the | ||
district is located; | ||
(C) payments available under another waiver | ||
program authorizing payments that are substantially similar to | ||
Medicaid payments to nonpublic hospitals described by Paragraph (A) | ||
or (B); or | ||
(D) any reimbursement to nonpublic hospitals for | ||
which federal matching funds are available; | ||
(2) subject to Section 299.151(d), pay the | ||
administrative expenses of the district in administering the | ||
program, including collateralization of deposits; | ||
(3) refund a mandatory payment collected in error from | ||
a paying provider; | ||
(4) refund to a paying provider, in an amount that is | ||
proportionate to the mandatory payments made under this chapter by | ||
the provider during the 12 months preceding the date of the refund, | ||
[ |
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mandatory payments collected under this chapter that the district: | ||
(A) receives from the Health and Human Services | ||
Commission that is not used to fund the nonfederal share of Medicaid | ||
supplemental payment program payments; or | ||
(B) determines cannot be used to fund the | ||
nonfederal share of Medicaid supplemental payment program | ||
payments; and | ||
(5) transfer funds to the Health and Human Services | ||
Commission if the district is legally required to transfer the | ||
funds to address a disallowance of federal matching funds with | ||
respect to programs for which the district made intergovernmental | ||
transfers described by Subdivision (1). | ||
SECTION 5. The heading to Section 299.151, Health and | ||
Safety Code, is amended to read as follows: | ||
Sec. 299.151. MANDATORY PAYMENTS [ |
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SECTION 6. Section 299.151, Health and Safety Code, is | ||
amended by amending Subsections (a), (b), and (c) and adding | ||
Subsections (a-1) and (a-2) to read as follows: | ||
(a) If the board authorizes a health care provider | ||
participation program under this chapter, the board may require [ |
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mandatory payments [ |
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institutional health care provider located in the district, either | ||
annually or periodically throughout the year at the discretion of | ||
the board, on the basis of a health care item, health care service, | ||
or other health care-related basis that is consistent with the | ||
requirements of 42 U.S.C. Section 1396b(w) [ |
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each institutional health care provider in the district. The board | ||
shall provide an institutional health care provider written notice | ||
of each assessment under this section [ |
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provider has 30 calendar days following the date of receipt of the | ||
notice to pay the assessment. | ||
(a-1) Except as otherwise provided by this subsection, the | ||
qualifying assessment basis must be determined by the board using | ||
information contained in an institutional health care provider's | ||
Medicare cost report for the most recent fiscal year for which the | ||
provider submitted the report. If the provider is not required to | ||
submit a Medicare cost report, or if the Medicare cost report | ||
submitted by the provider does not contain information necessary to | ||
determine the qualifying assessment basis, the qualifying | ||
assessment basis may be determined by the board using information | ||
contained in another report the board considers reliable that is | ||
submitted by or to the provider for the most recent fiscal year. To | ||
the extent practicable, the board shall use the same type of report | ||
to determine the qualifying assessment basis for each paying | ||
provider in the district. | ||
(a-2) [ |
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payments are [ |
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amount of the mandatory payments [ |
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may update the amount on a more frequent basis. | ||
(b) The amount of a mandatory payment authorized under this | ||
chapter must be determined in a manner that ensures the revenue | ||
generated qualifies for federal matching funds under federal law, | ||
consistent with [ |
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42 U.S.C. Section 1396b(w). | ||
(c) If the board requires a mandatory payment authorized | ||
under this chapter, the board shall set the amount of the mandatory | ||
payment, subject to the limitations of this chapter. The aggregate | ||
amount of the mandatory payments required of all paying providers | ||
in the district may not exceed six [ |
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net patient revenue from hospital services provided by all paying | ||
providers in the district. | ||
SECTION 7. 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, 2021. |