Bill Text: TX HB161 | 2021 | 87th Legislature 3rd Special Session | Comm Sub
Bill Title: Relating to making supplemental appropriations relating to health and human services and giving direction regarding appropriations.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2021-10-15 - Received from the House [HB161 Detail]
Download: Texas-2021-HB161-Comm_Sub.html
By: Capriglione, Rose, Dean, Raney | H.B. No. 161 |
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relating to making supplemental appropriations relating to health | ||
and human services and giving direction regarding appropriations. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. DEPARTMENT OF STATE HEALTH SERVICES: COVID-19 | ||
SERVICES. (a) The amount of $2,005,581,271 is appropriated to the | ||
Department of State Health Services from money received by this | ||
state from the Coronavirus State Fiscal Recovery Fund (42 | ||
U.S.C. Section 802) established under the American Rescue Plan Act | ||
of 2021 (Pub. L. No. 117-2) and deposited to the credit of the | ||
Coronavirus Relief Fund No. 325 for the following purposes related | ||
to the coronavirus disease pandemic during the period beginning on | ||
March 3, 2021, and ending December 31, 2021: | ||
(1) providing funding for state and local hospital | ||
surge staffing; | ||
(2) purchasing therapeutic drugs, including drugs for | ||
monoclonal antibody treatments; and | ||
(3) providing funding for the operation of regional | ||
infusion centers. | ||
(b) It is the intent of the legislature that any | ||
reimbursement received by the Department of State Health Services | ||
from the Federal Emergency Management Agency related to | ||
expenditures paid from money appropriated under Subsection (a) of | ||
this section be deposited to the general revenue fund and not | ||
expended until appropriated by the 88th Legislature. | ||
Appropriations made under Subsection (a) of this section that | ||
remain unobligated on January 1, 2022, lapse to the credit of the | ||
Coronavirus Relief Fund No. 325 and may not expended until | ||
appropriated by the legislature. | ||
SECTION 2. HEALTH AND HUMAN SERVICES COMMISSION: DALLAS | ||
STATE HOSPITAL. (a) The amount of $237,800,000 is appropriated to | ||
the Health and Human Services Commission from money received by | ||
this state from the Coronavirus State Fiscal Recovery Fund (42 | ||
U.S.C. Section 802) established under the American Rescue Plan Act | ||
of 2021 (Pub. L. No. 117-2) and deposited to the credit of the | ||
Coronavirus Relief Fund No. 325 for the purpose of completing | ||
construction of a state hospital in Dallas during the two-year | ||
period beginning on the effective date of this Act. | ||
(b) The capital budget authority of the Health and Human | ||
Services Commission in Chapter 1053 (S.B. 1), Acts of the 87th | ||
Legislature, Regular Session, 2021 (the General Appropriations | ||
Act), is increased by $237,800,000 for the appropriation made under | ||
Subsection (a) of this section. | ||
SECTION 3. HEALTH AND HUMAN SERVICES COMMISSION: STAFFING | ||
NEEDS. (a) The amount of $300,000,000 is appropriated to the | ||
Health and Human Services Commission from money received by this | ||
state from the Coronavirus State Fiscal Recovery Fund (42 | ||
U.S.C. Section 802) established under the American Rescue Plan Act | ||
of 2021 (Pub. L. No. 117-2) and deposited to the credit of the | ||
Coronavirus Relief Fund No. 325 for the purpose of providing | ||
funding during the two-year period beginning on the effective date | ||
of this Act for the Health and Human Services Commission to | ||
administer one-time grants related to providing critical staffing | ||
needs resulting from frontline health care workers affected by | ||
COVID-19, including providing recruitment and retention bonuses | ||
for staff: | ||
(1) of nursing facilities, assisted living | ||
facilities, home health agencies, and facilities that serve persons | ||
with intellectual or developmental disabilities in an intermediate | ||
care facility for individuals with intellectual disabilities or | ||
related conditions (ICF/IID); | ||
(2) who provide community attendant services; and | ||
(3) who provide home and community-based services and | ||
services through the Texas home living (HCS and TxHML) waiver | ||
programs. | ||
(b) It is the intent of the legislature that the Health and | ||
Human Services Commission prioritize grants to grantees that comply | ||
with the reporting requirements prescribed by Rider 143 (Health and | ||
Human Services Commission), Chapter 1053 (S.B. 1), Acts of the 87th | ||
Legislature, Regular Session, 2021 (the General Appropriations | ||
Act), the reporting requirements established by Chapter 588 | ||
(S.B. 809), Acts of the 87th Legislature, 2021, or equivalent | ||
reporting requirements established by the Health and Human Services | ||
Commission. | ||
(c) Annually, the Health and Human Services Commission | ||
shall report to the Legislative Budget Board the grants awarded | ||
under this section. The report must include, for the year covered | ||
by the report, the amount of grants awarded, the award recipients, | ||
and the total amount of each grant used by the recipient. The | ||
report must be submitted to the Legislative Budget Board not later | ||
than December 1 of the year in which the report is due. | ||
(d) Of the amount appropriated under Subsection (a) of this | ||
section: | ||
(1) $150,000,0000 may be used only for grants for | ||
nursing facilities; and | ||
(2) $150,000,0000 may be used only for grants for | ||
assisted living facilities, home health facilities, community | ||
attendants, and facilities that serve persons with intellectual or | ||
developmental disabilities in an intermediate care facility for | ||
individuals with intellectual disabilities or related conditions | ||
(ICF/IID), home and community-based services and Texas home living | ||
(HCS and TxHML) waiver programs. | ||
SECTION 4. HEALTH AND HUMAN SERVICES COMMISSION: RURAL | ||
HOSPITALS. The amount of $75,000,000 is appropriated to the Health | ||
and Human Services Commission from money received by this state | ||
from the Coronavirus State Fiscal Recovery Fund (42 U.S.C. Section | ||
802) established under the American Rescue Plan Act of 2021 | ||
(Pub. L. No. 117-2) and deposited to the credit of the Coronavirus | ||
Relief Fund No. 325 for the purpose of providing funding for grants | ||
to support rural hospitals that have been affected by the COVID-19 | ||
pandemic during the two-year period beginning on the effective date | ||
of this Act. | ||
SECTION 5. DEPARTMENT OF STATE HEALTH SERVICES: FEDERALLY | ||
QUALIFIED HEALTH CENTER INCUBATOR PROGRAM. The amount of | ||
$20,000,000 is appropriated to the Department of State Health | ||
Services from money received by this state from the Coronavirus | ||
State Fiscal Recovery Fund (42 U.S.C. Section 802) established | ||
under the American Rescue Plan Act of 2021 (Pub. L. No. 117-2) and | ||
deposited to the credit of the Coronavirus Relief Fund No. 325 for | ||
use during the two-year period beginning on the effective date of | ||
this Act for the Federally Qualified Health Center Incubator | ||
Program. | ||
SECTION 6. DEPARTMENT OF STATE HEALTH SERVICES: EMERGENCY | ||
MEDICAL SERVICES. (a) The amount of $21,700,000 is appropriated to | ||
the Department of State Health Services from money received by this | ||
state from the Coronavirus State Fiscal Recovery Fund (42 | ||
U.S.C. Section 802) established under the American Rescue Plan Act | ||
of 2021 (Pub. L. No. 117-2) and deposited to the credit of the | ||
Coronavirus Relief Fund No. 325 for the purpose of providing | ||
funding for emergency medical response service staffing, | ||
including: | ||
(1) funding for programs to incentivize and increase | ||
the number of Emergency Medical Technicians (EMTs) and paramedics | ||
that provide care on an ambulance; and | ||
(2) funding for Emergency Medical Services (EMS) | ||
education programs, including distance learning programs, to | ||
increase the number of EMTs and paramedics graduating from EMS | ||
education programs. | ||
(b) It is the intent of the legislature that, consistent | ||
with state law, the Department of State Health Services prioritize | ||
funding appropriated under Subsection (a) of this section for rural | ||
and underserved areas. | ||
SECTION 7. DEPARTMENT OF STATE HEALTH SERVICES AND HEALTH | ||
AND HUMAN SERVICES COMMISSION: FEDERAL FUNDS FOR HOSPITALS. It is | ||
the intent of the Legislature that the Department of State Health | ||
Services and the Health and Human Services Commission, in | ||
distributing any money received from the Coronavirus State Fiscal | ||
Recovery Fund (42 U.S.C. Section 802) established under the | ||
American Rescue Plan Act of 2021 (Pub. L. No. 117-2) and deposited | ||
to the credit of the Coronavirus Relief Fund No. 325 distribute the | ||
money appropriated by this Act only to entities that are in | ||
compliance with the hospital price transparency public disclosure | ||
requirements required by 45 C.F.R. Sections 180.10 - 180.60 and by | ||
Chapter 1044 (S.B. 1137), Acts of the 87th Legislature, Regular | ||
Session, 2021. | ||
SECTION 8. LEGISLATIVE INTENT REGARDING APPROPRIATIONS. | ||
(a) It is the intent of the legislature that the appropriations | ||
made by this Act are one-time appropriations made for the purpose of | ||
addressing the needs of this state for the two-year period | ||
beginning on the effective date of this Act. | ||
(b) It is the intent of the legislature that the | ||
appropriations made by this Act be used only for purposes | ||
authorized by state and federal law, including guidance issued by | ||
the United States Department of the Treasury as part of the interim | ||
final rules published in 86 Fed. Reg. 26786 (May 17, 2021). | ||
(c) It is the intent of the legislature that the | ||
appropriations made by this Act be used before all other methods of | ||
finance if more than one method of finance has been appropriated by | ||
this and a prior act of the legislature for use during a state | ||
fiscal year. | ||
(d) It is the intent of the legislature that if the purpose | ||
of an appropriation, for any reason, is determined by the United | ||
States Department of the Treasury or any other qualified state or | ||
federal authority to have been made for an improper use, the | ||
appropriated money not be spent and instead be retained in the | ||
treasury and available for later legislative appropriation. | ||
SECTION 9. APPROPRIATION AUTHORITY UNDER FEDERAL LAW. The | ||
appropriations made under Sections 2, 4, 5, and 6 of this Act using | ||
money received by this state from the Coronavirus State Fiscal | ||
Recovery Fund (42 U.S.C. Section 802) established under the | ||
American Rescue Plan Act of 2021 (Pub. L. No. 117-2) are made in | ||
accordance with 42 U.S.C. Section 802(c)(1)(C), which allows money | ||
from the Coronavirus State Fiscal Recovery Fund to be used to | ||
provide government services to the extent of a reduction in the | ||
revenue of a state government caused by the COVID-19 public health | ||
emergency relative to revenues collected in the most recent full | ||
fiscal year of the state government that ended before that | ||
emergency. | ||
SECTION 10. APPLICABILITY OF TRANSFER PROVISIONS OF OTHER | ||
LAW. The transfer provisions of Part 14, Article IX, Chapter 1053 | ||
(S.B. 1), Acts of the 87th Legislature, Regular Session, 2021 (the | ||
General Appropriations Act), and the transfer provisions of Section | ||
65, Chapter 995 (H.B. 2), Acts of the 87th Legislature, Regular | ||
Session, 2021 (the Supplemental Appropriations Act), apply to the | ||
appropriations made by this Act to allow appropriate transfer of | ||
appropriations made by this Act as if the appropriations made by the | ||
General Appropriations Act, the Supplemental Appropriations Act, | ||
and this Act were all a part of the same Act, to the extent permitted | ||
by federal law. | ||
SECTION 11. EFFECTIVE DATE. This Act takes effect | ||
immediately. |