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A BILL TO BE ENTITLED
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AN ACT
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relating to the continuation and operations of a health care |
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provider participation program by the Harris County Hospital |
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District. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 299.001, Health and Safety Code, is |
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amended by adding Subdivision (6) to read as follows: |
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(6) "Qualifying assessment basis" means any basis |
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consistent with 42 U.S.C. Section 1396b(w) on which the board |
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requires mandatory payments to be assessed under this chapter. |
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SECTION 2. Section 299.004, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 299.004. EXPIRATION. (a) Subject to Section |
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299.153(d), the authority of the district to administer and operate |
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a program under this chapter expires December 31, 2025 [2023]. |
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(b) This chapter expires December 31, 2025 [2023]. |
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SECTION 3. Section 299.053, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 299.053. INSTITUTIONAL HEALTH CARE PROVIDER |
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REPORTING. If the board authorizes the district to participate in a |
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program under this chapter, the board may [shall] require each |
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institutional health care provider to submit to the district a copy |
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of any financial and utilization data as reported in: |
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(1) the provider's Medicare cost report [submitted] |
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for the most recent [previous fiscal year or for the closest |
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subsequent] fiscal year for which the provider submitted the |
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Medicare cost report; or |
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(2) a report other than the report described by |
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Subdivision (1) that the board considers reliable and is submitted |
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by or to the provider for the most recent fiscal year. |
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SECTION 4. Subchapter B, Chapter 299, Health and Safety |
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Code, is amended by adding Sections 299.054 and 299.055 to read as |
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follows: |
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Sec. 299.054. REQUEST FOR CERTAIN RELIEF. (a) The board |
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may request that the Health and Human Services Commission submit a |
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request to the Centers for Medicare and Medicaid Services for |
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relief under 42 C.F.R. Section 433.72 for purposes of assuring the |
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program is administered efficiently, transparently, and in a manner |
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that complies with federal law. |
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(b) If the request for relief under Subsection (a) is |
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granted, the board may act in compliance with the terms of the |
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relief. To the extent of a conflict between the terms of the relief |
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and another law, including a provision of this subtitle requiring |
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mandatory payments be assessed in a uniform or broad-based manner, |
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the terms of the relief prevail. |
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Sec. 299.055. PROHIBITION ON IMPOSITION OF TAXES. This |
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chapter does not authorize the board to impose a bed tax or any |
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other tax under the laws of this state. |
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SECTION 5. The heading to Section 299.151, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 299.151. MANDATORY PAYMENTS [BASED ON PAYING PROVIDER |
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NET PATIENT REVENUE]. |
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SECTION 6. Section 299.151, Health and Safety Code, is |
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amended by amending Subsections (a), (b), and (c) and adding |
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Subsections (a-1) and (a-2) to read as follows: |
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(a) If the board authorizes a health care provider |
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participation program under this chapter, the board may require a |
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mandatory payment to be assessed against each institutional health |
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care provider located in the district, either annually or |
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periodically throughout the year at the discretion of the board, on |
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a qualifying assessment basis [the net patient revenue of each |
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institutional health care provider located in the district]. The |
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qualifying assessment basis must be the same for each institutional |
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health care provider in the district. The board shall provide an |
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institutional health care provider written notice of each |
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assessment under this section [subsection], and the provider has 30 |
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calendar days following the date of receipt of the notice to pay the |
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assessment. |
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(a-1) Except as otherwise provided by this subsection, the |
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qualifying assessment basis must be determined by the board using |
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information contained in an institutional health care provider's |
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Medicare cost report for the most recent fiscal year for which the |
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provider submitted the report. If the provider is not required to |
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submit a Medicare cost report, or if the Medicare cost report |
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submitted by the provider does not contain information necessary to |
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determine the qualifying assessment basis, the qualifying |
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assessment basis may be determined by the board using information |
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contained in another report the board considers reliable that is |
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submitted by or to the provider for the most recent fiscal year. To |
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the extent practicable, the board shall use the same type of report |
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to determine the qualifying assessment basis for each paying |
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provider in the district. |
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(a-2) [In the first year in which the mandatory payment is |
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required, the mandatory payment is assessed on the net patient |
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revenue of an institutional health care provider, as determined by |
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the provider's Medicare cost report submitted for the previous |
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fiscal year or for the closest subsequent fiscal year for which the |
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provider submitted the Medicare cost report.] If a [the] mandatory |
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payment is required, the district shall update the amount of the |
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mandatory payment on an annual basis and may update the amount on a |
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more frequent basis. |
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(b) The amount of a mandatory payment authorized under this |
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chapter must be determined in a manner that ensures the revenue |
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generated qualifies for federal matching funds under federal law, |
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consistent with [uniformly proportionate with the amount of net |
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patient revenue generated by each paying provider in the district |
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as permitted under federal law. A health care provider |
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participation program authorized under this chapter may not hold |
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harmless any institutional health care provider, as required under] |
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42 U.S.C. Section 1396b(w). |
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(c) If the board requires a mandatory payment authorized |
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under this chapter, the board shall set the amount of the mandatory |
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payment, subject to the limitations of this chapter. The aggregate |
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amount of the mandatory payments required of all paying providers |
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in the district may not exceed six percent of the aggregate net |
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patient revenue from hospital services provided [by all paying |
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providers] in the district. |
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SECTION 7. Subchapter D, Chapter 299, Health and Safety |
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Code, is amended by adding Section 299.154 to read as follows: |
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Sec. 299.154. INTEREST AND PENALTIES. The district shall |
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impose and collect interest and penalties on delinquent mandatory |
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payments imposed under this chapter in any amount that does not |
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exceed the maximum amount authorized for other payments that are |
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owed to the district and are delinquent. |
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SECTION 8. 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, 2023. |