Bill Text: TX HB1925 | 2023-2024 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the continuation of a health care provider participation program by the Harris County Hospital District.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-06-09 - Effective immediately [HB1925 Detail]
Download: Texas-2023-HB1925-Introduced.html
Bill Title: Relating to the continuation of a health care provider participation program by the Harris County Hospital District.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-06-09 - Effective immediately [HB1925 Detail]
Download: Texas-2023-HB1925-Introduced.html
88R7196 SRA-F | ||
By: Harless | H.B. No. 1925 |
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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 any 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, 2025 [ |
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(b) This chapter expires December 31, 2025 [ |
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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. Subchapter B, Chapter 299, Health and Safety | ||
Code, is amended by adding Sections 299.054 and 299.055 to read as | ||
follows: | ||
Sec. 299.054. REQUEST FOR CERTAIN RELIEF. (a) The board | ||
may request that the Health and Human Services Commission submit a | ||
request to the Centers for Medicare and Medicaid Services for | ||
relief under 42 C.F.R. Section 433.72 for purposes of assuring the | ||
program is administered efficiently, transparently, and in a manner | ||
that complies with federal law. | ||
(b) If the request for relief under Subsection (a) is | ||
granted, the board may act in compliance with the terms of the | ||
relief. To the extent of a conflict between the terms of the relief | ||
and another law, including a provision of this subtitle requiring | ||
mandatory payments be assessed in a uniform or broad-based manner, | ||
the terms of the relief prevail. | ||
Sec. 299.055. PROHIBITION ON IMPOSITION OF TAXES. This | ||
chapter does not authorize the board to impose a bed tax or any | ||
other tax under the laws of this state. | ||
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 a | ||
mandatory payment to be assessed against each institutional health | ||
care provider located in the district, either annually or | ||
periodically throughout the year at the discretion of the board, on | ||
a qualifying assessment basis [ |
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qualifying assessment basis must be the same for 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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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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payment is required, the district shall update the amount of the | ||
mandatory payment on an annual basis and 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 percent of the aggregate net | ||
patient revenue from hospital services provided [ |
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SECTION 7. Subchapter D, Chapter 299, Health and Safety | ||
Code, is amended by adding Section 299.154 to read as follows: | ||
Sec. 299.154. INTEREST AND PENALTIES. The district shall | ||
impose and collect interest and penalties on delinquent mandatory | ||
payments imposed under this chapter in any amount that does not | ||
exceed the maximum amount authorized for other payments that are | ||
owed to the district and are delinquent. | ||
SECTION 8. 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. |