Bill Text: TX SB1328 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the operation of certain health care provider participation programs in this state.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-04-28 - Left pending in committee [SB1328 Detail]
Download: Texas-2021-SB1328-Introduced.html
87R11192 JCG-F | ||
By: Hinojosa | S.B. No. 1328 |
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relating to the operation of certain health care provider | ||
participation programs in this state. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle D, Title 4, Health and Safety Code, is | ||
amended by adding Chapter 300B to read as follows: | ||
CHAPTER 300B. PROVISIONS GENERALLY APPLICABLE TO HEALTH CARE | ||
PROVIDER PARTICIPATION PROGRAMS | ||
Sec. 300B.0001. DEFINITION. In this chapter, "qualifying | ||
local government" means a county, municipality, hospital district, | ||
or county health care funding district established under Chapter | ||
288 to which this chapter applies under Section 300B.0002. | ||
Sec. 300B.0002. APPLICABILITY. This chapter applies only | ||
to: | ||
(1) a hospital district that is participating in a | ||
health care provider participation program authorized by another | ||
chapter of this subtitle; and | ||
(2) a county, municipality, or health care funding | ||
district established under Chapter 288 that is: | ||
(A) participating in a health care provider | ||
participation program authorized by another chapter of this | ||
subtitle; and | ||
(B) not served by a hospital district or a public | ||
hospital. | ||
Sec. 300B.0003. CONFLICT OF LAWS. This chapter prevails | ||
over another provision of this subtitle to the extent of any | ||
conflict. | ||
Sec. 300B.0004. ASSESSMENT BASIS. (a) The governing body | ||
of a qualifying local government may require mandatory payments to | ||
be assessed against each institutional health care provider located | ||
in the qualifying local government 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) | ||
and 42 C.F.R. Section 433.68. | ||
(b) A qualifying local government that requires mandatory | ||
payments to be assessed in the manner provided by this section is | ||
not required to assess mandatory payments on the net patient | ||
revenue of each institutional health care provider located in the | ||
qualifying local government. | ||
Sec. 300B.0005. ADDITIONAL REPORTING. The governing body | ||
of a qualifying local government that is unable to assess mandatory | ||
payments in a manner consistent with the requirements of 42 U.S.C. | ||
Section 1396b(w) and 42 C.F.R. Section 433.68 using information | ||
reported to the governing body by an institutional health care | ||
provider may require the institutional health care provider to | ||
submit additional information to the governing body if the | ||
information is necessary to ensure mandatory payments are assessed | ||
in a manner consistent with those requirements. | ||
Sec. 300B.0006. WAIVER REQUEST. (a) Subject to Subsection | ||
(b), the governing body of a qualifying local government may | ||
request the Health and Human Services Commission to submit on the | ||
governing body's behalf a request to the Centers for Medicare and | ||
Medicaid Services for a waiver of any provision of federal law that: | ||
(1) relates to the operation of a health care provider | ||
participation program; and | ||
(2) requires: | ||
(A) mandatory payments to be assessed on each | ||
institutional health care provider located in the qualifying local | ||
government; or | ||
(B) the amount of a mandatory payment to be | ||
uniformly proportionate with the amount of net patient revenue of | ||
the institutional health care provider against which the payment is | ||
assessed. | ||
(b) The governing body of a qualifying local government may | ||
submit a request under Subsection (a) only if: | ||
(1) federal law is amended by the United States | ||
Congress or interpreted by the Centers for Medicare and Medicaid | ||
Services in a manner that impedes the operation of the health care | ||
provider participation program authorized by the qualifying local | ||
government; | ||
(2) the governing body of the qualifying local | ||
government determines that the waiver would wholly or partly remove | ||
the impediment described by Subdivision (1); and | ||
(3) the Centers for Medicare and Medicaid Services are | ||
authorized by law to grant the waiver. | ||
(c) If the governing body of a qualifying local government | ||
submits a request under Subsection (a) to the Health and Human | ||
Services Commission, the commission shall submit a request for a | ||
waiver on behalf of the qualifying local government to the Centers | ||
for Medicare and Medicaid Services. The commission shall include | ||
with the waiver request any supporting documentation provided by | ||
the governing body of the qualifying local government. | ||
(d) If the waiver is granted by the Centers for Medicare and | ||
Medicaid Services, the governing body of the qualifying local | ||
government is not required to comply with any provision of this | ||
subtitle or other law that imposes a requirement that is | ||
substantially equivalent to a requirement that is the subject of | ||
the waiver during the period for which the waiver is in effect. | ||
SECTION 2. Section 298C.004, Health and Safety Code, as | ||
added by Chapter 694 (S.B. 2315), Acts of the 86th Legislature, | ||
Regular Session, 2019, is amended to read as follows: | ||
Sec. 298C.004. EXPIRATION. (a) Subject to Section | ||
298C.153(d), the authority of the district to administer and | ||
operate a program under this chapter expires December 31, 2023 | ||
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(b) This chapter expires December 31, 2023 [ |
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SECTION 3. Section 298E.103(e), Health and Safety Code, is | ||
amended to read as follows: | ||
(e) Notwithstanding any other provision of this chapter, | ||
with respect to an intergovernmental transfer of funds described by | ||
Subsection (c)(1) made by a district, any funds received by the | ||
state, district, or other entity as a result of that transfer may | ||
not be used by the state, district, or any other entity to: | ||
(1) expand Medicaid eligibility under the Patient | ||
Protection and Affordable Care Act (Pub. L. No. 111-148) as amended | ||
by the Health Care and Education Reconciliation Act of 2010 (Pub. L. | ||
No. 111-152); or | ||
(2) fund the nonfederal share of payments to hospitals | ||
available through [ |
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SECTION 4. 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 [ |
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(b) This chapter expires December 31, 2023 [ |
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SECTION 5. Section 299.151(c), Health and Safety Code, is | ||
amended to read as follows: | ||
(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 [ |
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net patient revenue from hospital services provided by all paying | ||
providers in the district. | ||
SECTION 6. Chapters 289 and 290, Health and Safety Code, are | ||
repealed. | ||
SECTION 7. 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. |