By Hightower H.B. No. 1947
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the eligibility of certain small county hospitals to
1-3 receive state reimbursement for providing indigent health care
1-4 services.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 61.002, Health and Safety Code, is
1-7 amended by adding Subdivision (13) to read as follows:
1-8 (13) "Small county hospital" means a hospital owned
1-9 and operated by a county with a population of less than 25,000.
1-10 SECTION 2. Section 61.021, Health and Safety Code, is
1-11 amended to read as follows:
1-12 Sec. 61.021. Application of Subchapter. Except as provided
1-13 by Sections 61.036-61.041, this <This> subchapter applies to health
1-14 care services and assistance provided to a person who does not
1-15 reside in the service area of a public hospital or hospital
1-16 district.
1-17 SECTION 3. Section 61.036, Health and Safety Code, is
1-18 amended by adding Subsection (d) to read as follows:
1-19 (d) Expenditures made by a small county hospital may be
1-20 credited toward eligibility for state assistance under this
1-21 subchapter if:
1-22 (1) the person who received the health care services
1-23 resides in the service area of the hospital and qualifies for
2-1 assistance under Section 61.006; and
2-2 (2) the hospital complies with the department's
2-3 application, documentation, and verification procedures.
2-4 SECTION 4. Sections 61.037, 61.038, 61.039, and 61.041,
2-5 Health and Safety Code, are amended to read as follows:
2-6 Sec. 61.037. <County> Eligibility for State Assistance. (a)
2-7 The department may distribute funds as provided by this subchapter
2-8 to eligible counties to assist the counties in providing mandatory
2-9 health care services to their eligible county residents. The
2-10 department may also distribute funds as provided by this subchapter
2-11 to eligible small county hospitals to assist the hospitals in
2-12 providing mandatory health care services to residents of their
2-13 service areas who qualify for assistance under Section 61.006.
2-14 (b) Except as provided by Subsection (c) or (d), to be
2-15 eligible for state assistance, a county or small county hospital
2-16 must:
2-17 (1) spend in a state fiscal year at least 10 percent
2-18 of the county general revenue levy for that year to provide
2-19 mandatory health care services to its eligible county residents or
2-20 to residents of the hospital's service area who qualify for
2-21 assistance under Section 61.006; and
2-22 (2) notify the department, not later than the seventh
2-23 day after the date on which the county or small county hospital
2-24 reaches the expenditure level, that the county or small county
2-25 hospital has spent at least eight percent of the applicable county
3-1 general revenue levy for that year to provide mandatory health care
3-2 services to its eligible county residents or to residents of the
3-3 hospital's service area who qualify for assistance under Section
3-4 61.006.
3-5 (c) If a county and a health care provider signed a contract
3-6 on or before January 1, 1985, under which the provider agrees to
3-7 furnish a certain level of health care services to indigent
3-8 persons, the value of services furnished in a state fiscal year
3-9 under the contract is included as part of the computation of a
3-10 county expenditure under this section if the value of services does
3-11 not exceed the payment rate established by the department under
3-12 Section 61.006.
3-13 (d) If a hospital district is located in part but not all of
3-14 a county, that county's appraisal district shall determine the
3-15 taxable value of the property located inside the county but outside
3-16 the hospital district. In determining eligibility for state
3-17 assistance, the <that> county or small county hospital shall
3-18 consider only the county general revenue levy resulting from the
3-19 property located outside the hospital district. A county or small
3-20 county hospital is eligible for state assistance if:
3-21 (1) the county or small county hospital spends in a
3-22 state fiscal year at least 10 percent of the county general revenue
3-23 levy for that year resulting from the property located outside the
3-24 hospital district to provide mandatory health care services to its
3-25 eligible county residents or to residents of the hospital's service
4-1 area who qualify for assistance under Section 61.006; and
4-2 (2) the county or small county hospital complies with
4-3 the other requirements of this subchapter.
4-4 (e) If a county or small county hospital anticipates that it
4-5 will reach the 10 percent expenditure level, the county or small
4-6 county hospital must notify the department as soon as possible
4-7 before the anticipated date on which the county or small county
4-8 hospital will reach the level.
4-9 (f) The county or small county hospital must give the
4-10 department all necessary information so that the department can
4-11 determine if the county or small county hospital meets the
4-12 requirements of Subsection (b) or (d).
4-13 Sec. 61.038. Distribution of Assistance Funds. (a) If the
4-14 department determines that a county or small county hospital is
4-15 eligible for assistance, the department shall distribute funds
4-16 appropriated to the department from the indigent health care
4-17 assistance fund or any other available fund to the county or small
4-18 county hospital to assist the county or small county hospital in
4-19 providing mandatory health care services to its eligible county
4-20 residents or to residents of the hospital's service area who
4-21 qualify for assistance under Section 61.006.
4-22 (b) State funds provided under this section to a county or
4-23 small county hospital must be equal to at least 80 percent of the
4-24 actual payment for mandatory health care services for the county's
4-25 eligible residents or for residents of the hospital's service area
5-1 during the remainder of the state fiscal year after the 10 percent
5-2 expenditure level is reached.
5-3 Sec. 61.039. Failure To Provide State Assistance. If the
5-4 department fails to provide assistance to an eligible county or
5-5 small county hospital as prescribed by Section 61.038, the county
5-6 or small county hospital is not liable for payments for health care
5-7 services provided to its eligible county residents or to residents
5-8 of the hospital's service area after the county or small county
5-9 hospital reaches the 10 percent expenditure level.
5-10 Sec. 61.041. <COUNTY> REPORTING. (a) The department shall
5-11 establish reporting requirements for a county or small county
5-12 hospital seeking state assistance and establish procedures
5-13 necessary to determine if the county or small county hospital is
5-14 eligible for state assistance.
5-15 (b) The department shall establish requirements relating to:
5-16 (1) documentation required to verify the eligibility
5-17 of residents to whom the county or small county hospital provides
5-18 assistance; and
5-19 (2) county or small county hospital expenditures for
5-20 mandatory health care services.
5-21 (c) The department may audit county and small county
5-22 hospital records to determine if the county or small county
5-23 hospital is eligible for state assistance.
5-24 SECTION 5. This Act takes effect September 1, 1993, and
5-25 applies only to health care assistance provided on or after that
6-1 date. Health care assistance provided before the effective date of
6-2 this Act is governed by the law in effect when the assistance was
6-3 provided, and that law is continued in effect for that purpose.
6-4 SECTION 6. The importance of this legislation and the
6-5 crowded condition of the calendars in both houses create an
6-6 emergency and an imperative public necessity that the
6-7 constitutional rule requiring bills to be read on three several
6-8 days in each house be suspended, and this rule is hereby suspended.