Bill Text: TX HB4140 | 2021-2022 | 87th Legislature | Engrossed

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Bill Title: Relating to issues affecting counties and certain other governmental entities and residents.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2021-05-12 - Received from the House [HB4140 Detail]

Download: Texas-2021-HB4140-Engrossed.html

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87R23010 TYPED
By: Coleman H.B. No. 4140

A BILL TO BE ENTITLED
AN ACT
relating to issues affecting counties and certain other
governmental entities and residents.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 531.0991, Government Code, is amended by
amending Subsections (h) and (k) and adding Subsection (n) to read
as follows:
(h) A community that receives a grant under this section is
required to leverage funds in an amount:
(1) equal to 25 [50] percent of the grant amount if the
community mental health program is located in a county with a
population of less than 100,000 [250,000];
(2) equal to 50 percent of the grant amount if the
community mental health program is located in a county with a
population of 100,000 or more but less than 250,000;
(3) equal to 100 percent of the grant amount if the
community mental health program is located in a county with a
population of at least 250,000; and
(4) [(3)] equal to the percentage of the grant amount
otherwise required by this subsection for the largest county in
which a community mental health program is located if the community
mental health program is located in more than one county.
(k) Not later than December 1 of each even-numbered
[calendar] year, the executive commissioner shall submit to the
governor, the lieutenant governor, and each member of the
legislature a report evaluating the success of the matching grant
program created by this section.
(n) A reasonable amount not to exceed five percent of the
money appropriated by the legislature for the purposes of this
section may be used by the commission to pay administrative costs of
implementing this section.
SECTION 2. Section 531.0992, Government Code, is amended by
amending Subsections (d-1) and (d-2) and adding Subsection (g) to
read as follows:
(d-1) For services and treatment provided in a single
county, the commission shall condition each grant provided under
this section on a potential grant recipient providing funds from
non-state sources in a total amount at least equal to:
(1) 25 [50] percent of the grant amount if the
community mental health program to be supported by the grant
provides services and treatment in a county with a population of
less than 100,000 [250,000]; [or]
(2) 50 percent of the grant amount if the community
mental health program to be supported by the grant provides
services and treatment in a county with a population of 100,000 or
more but less than 250,000; or
(3) 100 percent of the grant amount if the community
mental health program to be supported by the grant provides
services and treatment in a county with a population of 250,000 or
more.
(d-2) For a community mental health program that provides
services and treatment in more than one county, the commission
shall condition each grant provided under this section on a
potential grant recipient providing funds from non-state sources in
a total amount at least equal to:
(1) 25 [50] percent of the grant amount if the county
with the largest population [county] in which the community mental
health program to be supported by the grant provides services and
treatment has a population of less than 100,000 [250,000]; [or]
(2) 50 [100] percent of the grant amount if the county
with the largest population [county] in which the community mental
health program to be supported by the grant provides services and
treatment has a population of 100,000 or more but less than 250,000;
or
(3) 100 percent of the grant amount if the county with
the largest population in which the community mental health program
to be supported by the grant provides services and treatment has a
population of 250,000 or more.
(g) A reasonable amount not to exceed five percent of the
money appropriated by the legislature for the purposes of this
section may be used by the commission to pay administrative costs of
implementing this section.
SECTION 3. Section 531.0993, Government Code, is amended by
amending Subsection (c) and adding Subsection (j) to read as
follows:
(c) The commission shall condition each grant provided to a
community collaborative under this section on the collaborative
providing funds from non-state sources in a total amount at least
equal to:
(1) 25 [50] percent of the grant amount if the
collaborative includes a county with a population of less than
100,000 [250,000];
(2) 50 percent of the grant amount if the
collaborative includes a county with a population of 100,000 or
more but less than 250,000;
(3) 100 percent of the grant amount if the
collaborative includes a county with a population of 250,000 or
more; and
(4) [(3)] the percentage of the grant amount otherwise
required by this subsection for the largest county included in the
collaborative, if the collaborative includes more than one county.
(j) A reasonable amount not to exceed five percent of the
money appropriated by the legislature for the purposes of this
section may be used by the commission to pay administrative costs of
implementing this section.
SECTION 4. Sections 539.002(b) and (c), Government Code,
are amended to read as follows:
(b) Except as provided by Subsection (c), the department
shall require each entity awarded a grant under this section to:
(1) leverage additional funding or in-kind
contributions from private contributors or local governments,
excluding state or federal funds, [sources] in an amount that is at
least equal to the amount of the grant awarded under this section;
(2) provide evidence of significant coordination and
collaboration between the entity, local mental health authorities,
municipalities, local law enforcement agencies, and other
community stakeholders in establishing or expanding a community
collaborative funded by a grant awarded under this section; and
(3) provide evidence of a local law enforcement policy
to divert appropriate persons from jails or other detention
facilities to an entity affiliated with a community collaborative
for the purpose of providing services to those persons.
(c) The department may award a grant under this chapter to
an entity for the purpose of establishing a community mental health
program in a county with a population of less than 250,000, if the
entity leverages additional funding or in-kind contributions from
private contributors or local governments, excluding state or
federal funds, [sources] in an amount equal to one-quarter of the
amount of the grant to be awarded under this section, and the entity
otherwise meets the requirements of Subsections (b)(2) and (3).
SECTION 5. Section 539.003, Government Code, is amended to
read as follows:
Sec. 539.003. ACCEPTABLE USES OF GRANT MONEY. An entity
shall use money received from a grant made by the department and
private funding sources for the establishment or expansion of a
community collaborative[, provided that the collaborative must be
self-sustaining within seven years]. Acceptable uses for the money
include:
(1) the development of the infrastructure of the
collaborative and the start-up costs of the collaborative;
(2) the establishment, operation, or maintenance of
other community service providers in the community served by the
collaborative, including intake centers, detoxification units,
sheltering centers for food, workforce training centers,
microbusinesses, and educational centers;
(3) the provision of clothing, hygiene products, and
medical services to and the arrangement of transitional and
permanent residential housing for persons served by the
collaborative;
(4) the provision of mental health services and
substance abuse treatment not readily available in the community
served by the collaborative;
(5) the provision of information, tools, and resource
referrals to assist persons served by the collaborative in
addressing the needs of their children; and
(6) the establishment and operation of coordinated
intake processes, including triage procedures, to protect the
public safety in the community served by the collaborative.
SECTION 6. Section 539.007, Government Code, is amended to
read as follows:
Sec. 539.007. REDUCTION AND CESSATION OF FUNDING. The
department shall establish processes by which the department may
reduce or cease providing funding to an entity if the community
collaborative operated by the entity does not meet the outcome
measures selected by the entity for the collaborative under Section
539.005 [or is not self-sustaining after seven years]. The
department shall redistribute any funds withheld from an entity
under this section to other entities operating high-performing
collaboratives on a competitive basis.
SECTION 7. Chapter 539, Government Code, is amended by
adding Section 539.009 to read as follows:
Sec. 539.009. ADMINISTRATIVE COSTS. A reasonable amount
not to exceed five percent of the money appropriated by the
legislature for the purposes of this subchapter may be used by the
commission to pay administrative costs of implementing this
subchapter.
SECTION 8. The heading to Section 152.1073, Human Resources
Code, is amended to read as follows:
Sec. 152.1073. HARRIS COUNTY BOARD OF RESOURCES [PROTECTIVE
SERVICES] FOR CHILDREN AND ADULTS.
SECTION 9. Section 152.1073(a)(1), Human Resources Code, is
amended to read as follows:
(1) "Board" means the Harris County Board of Resources
[Protective Services] for Children and Adults.
SECTION 10. Section 152.1073, Human Resources Code, is
amended by amending Subsections (g) and (h) and adding Subsection
(h-1) to read as follows:
(g) In addition to the authority granted to the board by the
commissioners court, the Health and Human Services Commission, and
the [Texas] Department of Family and Protective [Human] Services,
the board may:
(1) disburse funds from sources other than the
commissioners court, the commission, and the department [Texas
Department of Human Services] to benefit children, eligible adults
with disabilities, and eligible elderly persons under this section
and to provide care, protection, evaluation, training, treatment,
education, and recreation to those persons [children];
(2) refuse to accept any funds the board considers to
be inappropriate, incompatible, or burdensome to board policies or
the provision of services;
(3) accept a gift or grant of real or personal property
or accept support under or an interest in a trust to benefit persons
described by Subdivision (1) [children under this section] and hold
the gift or grant directly or in trust;
(4) use a gift or grant to benefit persons described by
Subdivision (1) [children under this section] and to provide care,
protection, education, or training to those persons [children];
(5) accept and disburse as provided by Subdivision (1)
fees and contributions from parents, guardians, and relatives of
persons described by that subdivision [children] who are:
(A) in county supported substitute care or
custody, in the county guardianship program, in the county
representative payee program, or receiving services from the county
Senior Justice Assessment Center; or
(B) being assisted by casework, day care, or
homemaker services, by medical, psychological, dental, or other
remedial help, or by teaching, training, or other services;
(6) account for and spend funds the board receives as
fees, contributions, payments made by guardians, or payments made
to benefit a person described by Subdivision (1) who is [child] in
the board's or the county's legal custody;
(7) receive and disburse funds available to support or
benefit a person described by Subdivision (1) who is [child] in the
board's or the county's legal custody, including social security
benefits, life insurance proceeds, survivors' pension or annuity
benefits, or a beneficial interest in property; and
(8) receive and use funds, grants, and assistance
available to the board or the county from a federal or state
department or agency to carry out the functions and programs of the
department or agency that is designed to aid or extend programs and
operations approved by the board.
(h) The board shall designate the director or an assistant
to apply for letters of guardianship if necessary to receive funds
under Subsection (g)(7). The director or an assistant may:
(1) apply for and disburse the funds to provide
special items of support for children, eligible adults with
disabilities, and eligible elderly persons under this section or to
pay general administrative expenses relating to services under this
section;
(2) hold the funds in trust; or
(3) apply the funds for a particular or more
restricted purpose as required by law or the source of the funds.
(h-1) The board may collaborate with state agencies to
provide services for eligible adults with disabilities and eligible
elderly persons who:
(1) are residents of the county;
(2) have been exploited, abused, or neglected; or
(3) may be in need of a guardianship or assistance from
a representative payee.
SECTION 11. 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 12. 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 [2021].
(b) This chapter expires December 31, 2023 [2021].
SECTION 13. 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 [shall] require each
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 [submitted]
for the most recent [previous fiscal year or for the closest
subsequent] fiscal year for which the provider submitted the
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 14. 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,
[providers a proportionate share of] the money attributable to
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 15. The heading to Section 299.151, Health and
Safety Code, is amended to read as follows:
Sec. 299.151. MANDATORY PAYMENTS [BASED ON PAYING PROVIDER
NET PATIENT REVENUE].
SECTION 16. 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 payments [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 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) [the net patient revenue
of each institutional health care provider located in the
district]. The 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 [subsection], and the
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) [In the first year in which the mandatory payment is
required, the mandatory payment is assessed on the net patient
revenue of an institutional health care provider, as determined by
the provider's Medicare cost report submitted for the previous
fiscal year or for the closest subsequent fiscal year for which the
provider submitted the Medicare cost report.] If [the] mandatory
payments are [payment is] required, the district shall update the
amount of the mandatory payments [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 uniformly proportionate with the qualifying
assessment basis for [amount of net patient revenue generated by]
each paying provider in the district as permitted under federal
law. A health care provider participation program authorized under
this chapter may not hold harmless any institutional health care
provider, as required under 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 [four] percent of the aggregate
net patient revenue from hospital services provided by all paying
providers in the district.
SECTION 17. Subchapter D, Chapter 299, Health and Safety
Code, is amended by adding Section 299.154 to read as follows:
Sec. 299.154. REQUEST FOR CERTAIN RELIEF. If 42 U.S.C.
Section 1396b(w) or 42 C.F.R. Part 433 Subpart B is revised or
interpreted in a manner that impedes the operations of a program
under this chapter, and the operations may be improved by a request
for relief under 42 C.F.R. Section 433.72, the board may request the
Health and Human Services Commission to submit, and if requested
the commission shall submit, a request to the Centers for Medicare
and Medicaid Services for relief under 42 C.F.R. Section 433.72.
SECTION 18. The heading to Chapter 180, Local Government
Code, is amended to read as follows:
CHAPTER 180. MISCELLANEOUS PROVISIONS AFFECTING OFFICERS AND
EMPLOYEES OF MORE THAN ONE TYPE OF [MUNICIPALITIES, COUNTIES, AND
CERTAIN OTHER] LOCAL GOVERNMENT [GOVERNMENTS]
SECTION 19. Chapter 180, Local Government Code, is amended
by adding Section 180.008 to read as follows:
Sec. 180.008. QUARANTINE LEAVE FOR FIRE FIGHTERS, PEACE
OFFICERS, DETENTION OFFICERS, AND EMERGENCY MEDICAL TECHNICIANS.
(a) In this section:
(1) "Detention officer" means an individual appointed
or employed by a political subdivision as a county jailer or other
individual responsible for the care and custody of individuals
incarcerated in a county or municipal jail.
(2) "Emergency medical technician" means an
individual who is:
(A) certified as an emergency medical technician
under Chapter 773, Health and Safety Code; and
(B) employed by a political subdivision.
(3) "Fire fighter" means a paid employee of a
municipal fire department or emergency services district who:
(A) holds a position that requires substantial
knowledge of fire fighting;
(B) has met the requirements for certification by
the Texas Commission on Fire Protection under Chapter 419,
Government Code; and
(C) performs a function listed in Section
143.003(4)(A).
(4) "Peace officer" means an individual described by
Article 2.12, Code of Criminal Procedure, who is elected for,
employed by, or appointed by a political subdivision.
(b) A political subdivision shall place on paid quarantine
leave a fire fighter, peace officer, detention officer, or
emergency medical technician employed by the political subdivision
and ordered by a supervisor or a health authority to quarantine or
isolate due to a possible or known exposure to a communicable
disease while on duty.
(c) A political subdivision shall provide to a fire fighter,
peace officer, detention officer, or emergency medical technician
on quarantine leave:
(1) all employment benefits and compensation,
including leave accrual, pension benefits, and health benefit plan
benefits; and
(2) costs related to the quarantine, including
lodging, medical, and transportation costs.
(d) A political subdivision may not reduce a fire fighter's,
peace officer's, detention officer's, or emergency medical
technician's sick leave balance, vacation leave balance, holiday
leave balance, or other paid leave balance in connection with
quarantine leave required by Subsection (b).
SECTION 20. On the effective date of this Act, the Harris
County Board of Protective Services for Children and Adults is
redesignated as the Harris County Board of Resources for Children
and Adults.
SECTION 21. The changes in law made by this Act apply to a
grant awarded on or after the effective date of this Act. A grant
awarded under a provision amended by this Act is governed by the law
in effect on the date the grant was awarded, and the former law is
continued in effect for that purpose.
SECTION 22. 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 23. 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.