Bill Text: TX HB3711 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to imposing an uncompensated care fee on certain hospitals to provide state funding for the Medicaid program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-03-25 - Referred to Appropriations [HB3711 Detail]
Download: Texas-2013-HB3711-Introduced.html
By: Guerra | H.B. No. 3711 |
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relating to imposing an uncompensated care fee on certain hospitals | ||
to provide state funding for the Medicaid program. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 32, Human Resources Code, is amended by | ||
adding Subchapter G to read as follows: | ||
SUBCHAPTER G. HOSPITAL UNCOMPENSATED CARE FEE | ||
Sec. 32.301. DEFINITIONS. In this subchapter: | ||
(1) "Commission" means the Health and Human Services | ||
Commission. | ||
(2) "Executive commissioner" means the executive | ||
commissioner of the Health and Human Services Commission. | ||
(3) "Gross receipts" means money paid to a hospital as | ||
compensation for services provided to patients. The term does not | ||
include charitable contributions to a hospital. | ||
Sec. 32.302. UNCOMPENSATED CARE FEE REQUIRED. (a) A | ||
uncompensated care fee is imposed on each hospital in this state | ||
that is required to obtain a license under Chapter 241, Health and | ||
Safety Code. The fee is: | ||
(1) equal to the daily uncompensated care fee amount | ||
established under Subsection (b) multiplied by the number of | ||
patient days for a month as determined in accordance with Section | ||
32.303; and | ||
(2) payable monthly. | ||
(b) The commission shall set the daily uncompensated care | ||
fee in the amount necessary to produce annual revenues equal to an | ||
amount that is not more than six percent of the hospital's total | ||
annual gross receipts in this state. The amount of the daily fee: | ||
(1) must be determined using patient days and gross | ||
receipts reported to the commission and covering a period of at | ||
least six months; and | ||
(2) is subject to a prospective adjustment as | ||
necessary. | ||
(c) The uncompensated care fee is an allowable cost for | ||
reimbursement under the Medicaid program. | ||
Sec. 32.303. PATIENT DAYS. A hospital shall determine the | ||
number of patient days for each calendar day. The number of patient | ||
days for a calendar day is equal to the number of patients occupying | ||
a bed at the hospital immediately before midnight of that day. | ||
Sec. 32.304. REPORTING AND COLLECTION. (a) The commission | ||
shall collect the uncompensated care fee. | ||
(b) Each hospital shall: | ||
(1) not later than the 20th day after the last day of | ||
each month file a report with the commission stating the total | ||
patient days for the month; and | ||
(2) not later than the 30th day after the last day of | ||
the month pay the uncompensated care fee. | ||
Sec. 32.305. ALLOCATION. (a) The commission shall remit | ||
to the comptroller the uncompensated care fees paid to the | ||
commission under this subchapter. The comptroller shall deposit | ||
the remittances to the credit of the hospital uncompensated care | ||
account. | ||
(b) The hospital uncompensated care account is an account in | ||
the general revenue fund. Money in the account may be appropriated | ||
only for expenditures that are allowable costs for purposes of | ||
obtaining federal matching money under the medical assistance | ||
program, including expenditures for increased medical assistance | ||
reimbursements to hospitals that provide high-quality inpatient | ||
services under the medical assistance program. | ||
(c) The hospital uncompensated care account is exempt from | ||
the application of Section 403.095, Government Code. Interest | ||
earned on money in the account shall be credited to the account. | ||
Sec. 32.306. RULES. (a) The executive commissioner shall | ||
adopt rules for the administration of this subchapter, including | ||
rules related to the imposition and collection of the uncompensated | ||
care fee. | ||
(b) The executive commissioner may not adopt rules granting | ||
exceptions from the uncompensated care fee. | ||
Sec. 32.307. ENFORCEMENT. A hospital that fails to pay the | ||
uncompensated care fee is ineligible to participate as a medical | ||
assistance provider or receive medical assistance reimbursement | ||
for the provision of services. | ||
SECTION 2. The executive commissioner of the Health and | ||
Human Services Commission shall adopt rules for the administration | ||
of Subchapter G, Chapter 32, Human Resources Code, as added by this | ||
Act, not later than November 1, 2013. The rules must specify the | ||
month for which the initial uncompensated care fee will be imposed | ||
under that subchapter. | ||
SECTION 3. 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 4. This Act takes effect September 1, 2013. |