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A BILL TO BE ENTITLED
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AN ACT
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relating to the allocation of certain Medicaid supplemental |
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hospital payments by the Health and Human Services Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 32, Human Resources Code, |
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is amended by adding Section 32.0283 to read as follows: |
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Sec. 32.0283. ALLOCATION OF SUPPLEMENTAL HOSPITAL |
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PAYMENTS. (a) Definitions. In this section, |
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(1) "Public hospital" means a hospital that is authorized to |
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transfer funds to the state for use as the state share of Medicaid |
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payments under a supplemental hospital payment program, including a |
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hospital described in Section 32.031(e). |
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(2) "Supplemental hospital payment program" means a program |
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administered by the commission pursuant to state or federal law |
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that authorizes payments of state and federal funds above standard |
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Medicaid payments to eligible hospitals, including, but not limited |
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to: |
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(A) the disproportionate share hospital program |
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administered pursuant to 42 U.S.C. Section 1396r-4a; |
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(B) a Medicaid Upper Payment Limit program or its |
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successor; or |
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(C) a waiver granted by the Secretary of H |
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ealth and |
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Human Services under the Social Security Act, 42 U.S.C. Section |
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1396, et seq., including the Medicaid Transformation Waiver issued |
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under § 1115 of the Social Security Act, 42 U.S.C. Section 1315. |
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(b) Out of funds transferred to the state by a public |
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hospital, a county, or other unit of local government for purposes |
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of supplying the state share of a supplemental hospital payment |
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program payment, the commission shall make such payments in the |
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following order: |
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(1) disproportionate share hospital program payments, which |
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shall be paid to all eligible hospitals before a payment under any |
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other supplemental hospital payment program may be made; and |
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(2) payments under the Medicaid Upper Payment Limit program |
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or its successor, which shall be paid using Medicaid inpatient days |
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or another reliable indicator of Medicaid utilization established |
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by the commission. |
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SECTION 2. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |