S.B. No. 1190
                                        AN ACT
    1-1  relating to the duty of nonprofit, tax-exempt hospitals to provide
    1-2  charity care.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 311.031, Health and Safety Code, is
    1-5  amended to read as follows:
    1-6        Sec. 311.031.  Definitions.  In this subchapter:
    1-7              (1)  "Board" means the Texas Board of Health.
    1-8              (2)  "Charity care" means the unreimbursed cost to a
    1-9  hospital of:
   1-10                    (A)  providing, funding, or otherwise financially
   1-11  supporting health care services on an inpatient or outpatient basis
   1-12  to a person classified by the hospital as "financially indigent" or
   1-13  "medically indigent"; and/or
   1-14                    (B)  providing, funding, or otherwise financially
   1-15  supporting health care services provided to financially indigent
   1-16  persons <patients> through other nonprofit or public outpatient
   1-17  clinics, hospitals, or health care organizations.
   1-18              (3)  "Contractual allowances" means the difference
   1-19  between revenue at established rates and amounts realizable from
   1-20  third-party payors under contractual agreements.
   1-21              (4)  "Department" means the Texas Department of Health.
   1-22              (5)  "Donations" means the unreimbursed costs of
   1-23  providing cash and in-kind services and gifts, including
    2-1  facilities, equipment, personnel, and programs, to other nonprofit
    2-2  or public outpatient clinics, hospitals, or health care
    2-3  organizations.
    2-4              (6)  "Education-related costs" means the unreimbursed
    2-5  cost to a hospital of providing, funding, or otherwise financially
    2-6  supporting educational benefits, services, and programs including:
    2-7                    (A)  education of physicians, nurses,
    2-8  technicians, and other medical professionals and health care
    2-9  providers;
   2-10                    (B)  provision of scholarships and funding to
   2-11  medical schools, colleges, and universities for health professions
   2-12  education;
   2-13                    (C)  education of patients concerning diseases
   2-14  and home care in response to community needs; and
   2-15                    (D)  community health education through
   2-16  informational programs, publications, and outreach activities in
   2-17  response to community needs.
   2-18              (7)  "Financially indigent" means an uninsured or
   2-19  underinsured person who is accepted for care with no obligation or
   2-20  a discounted obligation to pay for the services rendered based on
   2-21  the hospital's eligibility system.
   2-22              (8)  "Government-sponsored indigent health care" means
   2-23  the unreimbursed cost to a hospital of providing health care
   2-24  services to recipients of Medicaid and other federal, state, or
   2-25  local indigent health care programs, eligibility for which is based
    3-1  on financial need.
    3-2              (9)  "Health care organization" means a nonprofit or
    3-3  public organization that provides, funds, or otherwise financially
    3-4  supports health care services provided to financially indigent
    3-5  persons.
    3-6              (10)  "Hospital" means:
    3-7                    (A)  a general or special hospital licensed under
    3-8  Chapter 241;
    3-9                    (B)  a private mental hospital licensed under
   3-10  Chapter 577; and
   3-11                    (C)  a treatment facility licensed under Chapter
   3-12  464.
   3-13              (11) <(10)>  "Hospital eligibility system" means the
   3-14  financial criteria and procedure used by a hospital to determine if
   3-15  a patient is eligible for charity care.  The system shall include
   3-16  income levels and means testing indexed to the federal poverty
   3-17  guidelines; provided, however, that a hospital may not establish an
   3-18  eligibility system which sets the income level eligible for charity
   3-19  care lower than that required by counties under Section 61.023 or
   3-20  higher, in the case of the financially indigent, than 200 percent
   3-21  of the federal poverty guidelines.  A hospital may determine that a
   3-22  person is financially or medically indigent pursuant to the
   3-23  hospital's eligibility system after health care services are
   3-24  provided.
   3-25              (12)  "Hospital system" means a system of local
    4-1  nonprofit hospitals under the common governance of a single
    4-2  corporate parent that are located within a radius of not more than
    4-3  125 linear miles of the corporate parent.
    4-4              (13) <(11)>  "Medically indigent" means a person whose
    4-5  medical or hospital bills after payment by third-party payors
    4-6  exceed a specified percentage of the patient's annual gross income,
    4-7  determined in accordance with the hospital's eligibility system,
    4-8  and the person is financially unable to pay the remaining bill.
    4-9              (14) <(12)>  "Research-related costs" means the
   4-10  unreimbursed cost to a hospital of providing, funding, or otherwise
   4-11  financially supporting facilities, equipment, and personnel for
   4-12  medical and clinical research conducted in response to community
   4-13  needs.
   4-14              (15) <(13)>  "Subsidized health services" means those
   4-15  services provided by a hospital in response to community needs for
   4-16  which the reimbursement is less than the hospital's cost for
   4-17  providing the services and which must be subsidized by other
   4-18  hospital or nonprofit supporting entity revenue sources.
   4-19  Subsidized health services may include but are not limited to:
   4-20                    (A)  emergency and trauma care;
   4-21                    (B)  neonatal intensive care;
   4-22                    (C)  free-standing community clinics; and
   4-23                    (D)  collaborative efforts with local government
   4-24  or private agencies in preventive medicine, such as immunization
   4-25  programs.
    5-1              (16) <(14)>  "Unreimbursed costs" means the costs a
    5-2  hospital incurs for providing services after subtracting payments
    5-3  received from any source for such services including but not
    5-4  limited to the following:  third-party insurance payments; Medicare
    5-5  payments; Medicaid payments; Medicare education reimbursements;
    5-6  state reimbursements for education; payments from drug companies to
    5-7  pursue research; grant funds for research; and disproportionate
    5-8  share payments.  For purposes of this definition, the term "costs"
    5-9  shall be calculated by applying the cost to charge ratios derived
   5-10  in accordance with generally accepted accounting principles for
   5-11  hospitals <from the hospital's Medicare cost report> to billed
   5-12  charges.  The calculation of the cost to charge ratios shall be
   5-13  based on the most recently completed and audited prior fiscal year
   5-14  of the hospital or hospital system.  Prior to January 1, 1996, for
   5-15  purposes of this definition, charitable contributions and grants to
   5-16  a hospital, including transfers from endowment or other funds
   5-17  controlled by the hospital or its nonprofit supporting entities,
   5-18  shall not be subtracted from the costs of providing services for
   5-19  purposes of determining unreimbursed costs.  After January 1, 1996,
   5-20  for purposes of this definition, charitable contributions and
   5-21  grants to a hospital, including transfers from endowment or other
   5-22  funds controlled by the hospital or its nonprofit supporting
   5-23  entities, shall not be subtracted from the costs of providing
   5-24  services for purposes of determining the unreimbursed costs of
   5-25  charity care and government-sponsored indigent health care.
    6-1        SECTION 2.  Section 311.042, Health and Safety Code, is
    6-2  amended by adding Subdivision (15) to read as follows:
    6-3              (15)  "Hospital system" means a system of local
    6-4  nonprofit hospitals under the common governance of a single
    6-5  corporate parent that are located within a radius of not more than
    6-6  125 linear miles of the corporate parent.
    6-7        SECTION 3.  Section 311.045, Health and Safety Code, is
    6-8  amended to read as follows:
    6-9        Sec. 311.045.  Community Benefits and Charity Care
   6-10  Requirements.  (a)  A nonprofit hospital or hospital system shall
   6-11  annually satisfy the requirements of this subchapter and of
   6-12  Sections 11.18(d)(1), 151.310(a)(2) and (e), and 171.063(a)(1), Tax
   6-13  Code, to provide community benefits which include charity care and
   6-14  government-sponsored indigent health care by complying with one or
   6-15  more of the standards set forth in Subsection (b).  The hospital or
   6-16  hospital system shall file a statement with the Bureau of State
   6-17  Health Data and Policy Analysis at the department, with the chief
   6-18  appraiser of the local appraisal district, and with the
   6-19  comptroller's office no later than the 120th day after the
   6-20  hospital's or hospital system's fiscal year ends, stating which of
   6-21  the standards in Subsection (b) have been satisfied, provided,
   6-22  however, that the first report shall be filed no later than the
   6-23  120th day after the end of the hospital's or hospital system's
   6-24  fiscal year ending during 1994.  For hospitals in a hospital system
   6-25  <under the common control of a single parent corporation>, the
    7-1  corporate parent may elect to satisfy the charity care requirements
    7-2  of this subchapter for each of the hospitals within the system on a
    7-3  consolidated basis<; however, each hospital controlled by the
    7-4  parent corporation shall satisfy the requirements of Sections
    7-5  11.18(d)(1), 151.310(a), (c), (d), and (e), and 171.063(a)(1), Tax
    7-6  Code, and provide community benefits which include charity care and
    7-7  government-sponsored indigent health care>.
    7-8        (b)(1)  A nonprofit hospital or hospital system may elect to
    7-9  provide community benefits, which include charity care and
   7-10  government-sponsored indigent health care, according to any of the
   7-11  following standards:
   7-12                    (A)  charity care and government-sponsored
   7-13  indigent health care are provided at a level which is reasonable in
   7-14  relation to the community needs, as determined through the
   7-15  community needs assessment, the available resources of the hospital
   7-16  or hospital system, and the tax-exempt benefits received by the
   7-17  hospital or hospital system;
   7-18                    (B)  charity care and government-sponsored
   7-19  indigent health care are provided in an amount equal to at least
   7-20  four percent of the hospital's or hospital system's net patient
   7-21  revenue;
   7-22                    (C)  charity care and government-sponsored
   7-23  indigent health care are provided in an amount equal to at least
   7-24  100 percent of the hospital's or hospital system's tax-exempt
   7-25  benefits, excluding federal income tax;
    8-1                    (D)  prior to January 1, 1996, charity care and
    8-2  community benefits are provided in a combined amount equal to at
    8-3  least five percent of the hospital's or hospital system's net
    8-4  patient revenue, provided that charity care and
    8-5  government-sponsored indigent health care are provided in an amount
    8-6  equal to at least three percent of net patient revenue; or
    8-7                    (E)  beginning with the hospital's or hospital
    8-8  system's fiscal year starting after December 31, 1995, charity care
    8-9  and community benefits are provided in a combined amount equal to
   8-10  at least five percent of the hospital's or hospital system's net
   8-11  patient revenue, provided that charity care and
   8-12  government-sponsored indigent health care are provided in an amount
   8-13  equal to at least four percent of net patient revenue.
   8-14              (2)  For purposes of satisfying Subdivision (1)(E), a
   8-15  hospital or hospital system may not change its existing fiscal year
   8-16  unless the hospital or hospital system changes its ownership or
   8-17  corporate structure as a result of a sale or merger.
   8-18              (3)  A nonprofit hospital that has been designated as a
   8-19  disproportionate share hospital under the state Medicaid program in
   8-20  the current fiscal year or in either of the previous two fiscal
   8-21  years shall be considered to have provided a reasonable amount of
   8-22  charity care and government-sponsored indigent health care and
   8-23  shall be deemed in compliance with the standards in this
   8-24  subsection.
   8-25              (4) <(3)>  A nonprofit hospital that is located in a
    9-1  county with a population under 110,000 <100,000> which has a
    9-2  hospital district created pursuant to Section 5, Article IX,
    9-3  <Section 5 of the> Texas Constitution, and Chapter 136, Acts of the
    9-4  55th Legislature, Regular Session, 1957, shall not be required to
    9-5  comply with one or more of the standards set forth in this
    9-6  subsection.  This subdivision expires September 1, 1996.
    9-7        (c)  The providing of charity care and government-sponsored
    9-8  indigent health care in accordance with Subsection (b)(1)(A) shall
    9-9  be guided by the prudent business judgment of the hospital which
   9-10  will ultimately determine the appropriate level of charity care and
   9-11  government-sponsored indigent health care based on the community
   9-12  needs, the available resources of the hospital, the tax-exempt
   9-13  benefits received by the hospital, and other factors that may be
   9-14  unique to the hospital, such as the hospital's volume of Medicare
   9-15  and Medicaid patients.  These criteria shall not be determinative
   9-16  factors, but shall be guidelines contributing to the hospital's
   9-17  decision, along with other factors which may be unique to the
   9-18  hospital.  The standards set forth in Subsections (b)(1)(B),
   9-19  (b)(1)(C), (b)(1)(D), and (b)(1)(E) shall also not be considered
   9-20  determinative of the amount of charity care and
   9-21  government-sponsored indigent health care that will be considered
   9-22  reasonable under Subsection (b)(1)(A).
   9-23        (d)  For purposes of this section, a hospital that satisfies
   9-24  Subsection (b)(1)(A) or (b)(3) shall be excluded in determining a
   9-25  hospital system's compliance with the standards provided by
   10-1  Subsection (b)(1)(B), (b)(1)(C), (b)(1)(D), or (b)(1)(E).
   10-2        (e)  In any fiscal year that a hospital or hospital system,
   10-3  through unintended miscalculation, fails to meet any of the
   10-4  standards in Subsection (b), the hospital or hospital system shall
   10-5  not lose its tax-exempt status without the opportunity to cure the
   10-6  miscalculation in the fiscal year following the fiscal year the
   10-7  failure is discovered by both meeting one of the standards and
   10-8  providing an additional amount of charity care and
   10-9  government-sponsored indigent health care that is equal to the
  10-10  shortfall from the previous fiscal year.  A hospital or hospital
  10-11  system may apply this provision only once every five years.
  10-12        SECTION 4.  Subsection (d), Section 11.18, Tax Code, is
  10-13  amended to read as follows:
  10-14        (d)  A charitable organization must be organized exclusively
  10-15  to perform religious, charitable, scientific, literary, or
  10-16  educational purposes and, except as permitted by Subsection (h) of
  10-17  this section, engage exclusively in performing one or more of the
  10-18  following charitable functions:
  10-19              (1)  providing medical care without regard to the
  10-20  beneficiaries' ability to pay, which in the case of a nonprofit
  10-21  hospital or hospital system means providing charity care and
  10-22  community benefits as set forth in Paragraph (A), (B), (C), (D),
  10-23  (E), <or> (F), (G), or (H):
  10-24                    (A)  charity care and government-sponsored
  10-25  indigent health care are provided at a level which is reasonable in
   11-1  relation to the community needs, as determined through the
   11-2  community needs assessment, the available resources of the hospital
   11-3  or hospital system, and the tax-exempt benefits received by the
   11-4  hospital or hospital system;
   11-5                    (B)  charity care and government-sponsored
   11-6  indigent health care are provided in an amount equal to at least
   11-7  four percent of the hospital's or hospital system's net patient
   11-8  revenue;
   11-9                    (C)  charity care and government-sponsored
  11-10  indigent health care are provided in an amount equal to at least
  11-11  100 percent of the hospital's or hospital system's tax-exempt
  11-12  benefits, excluding federal income tax;
  11-13                    (D)  a nonprofit hospital that has been
  11-14  designated as a disproportionate share hospital under the state
  11-15  Medicaid program in the current year or in either of the previous
  11-16  two fiscal years shall be considered to have provided a reasonable
  11-17  amount of charity care and government-sponsored indigent health
  11-18  care and shall be deemed in compliance with the standards in this
  11-19  subsection;
  11-20                    (E)  for tax years before 1996, charity care and
  11-21  community benefits are provided in a combined amount equal to at
  11-22  least five percent of the hospital's or hospital system's net
  11-23  patient revenue, provided that charity care and
  11-24  government-sponsored indigent health care are provided in an amount
  11-25  equal to at least three percent of net patient revenue; <or>
   12-1                    (F)  beginning with the hospital's or hospital
   12-2  system's tax year starting <for tax years> after 1995, charity care
   12-3  and community benefits are provided in a combined amount equal to
   12-4  at least five percent of the hospital's or hospital system's net
   12-5  patient revenue, provided that charity care and
   12-6  government-sponsored indigent health care are provided in an amount
   12-7  equal to at least four percent of net patient revenue;
   12-8                    (G)  a hospital operated on a nonprofit basis
   12-9  that is located in a county with a population of less than 50,000
  12-10  and in which the entire county or the population of the entire
  12-11  county has been designated as a health professionals shortage area
  12-12  is considered to be in compliance with the standards provided by
  12-13  this subsection; or
  12-14                    (H)  a hospital providing health care services to
  12-15  inpatients or outpatients without receiving any payment for
  12-16  providing those services from any source, including the patient or
  12-17  person legally obligated to support the patient, third-party
  12-18  payors, Medicare, Medicaid, or any other state or local indigent
  12-19  care program but excluding charitable donations, legacies,
  12-20  bequests, or grants or payments for research, is considered to be
  12-21  in compliance with the standards provided by this subsection;
  12-22              (2)  providing support or relief to orphans,
  12-23  delinquent, dependent, or handicapped children in need of
  12-24  residential care, abused or battered spouses or children in need of
  12-25  temporary shelter, the impoverished, or victims of natural disaster
   13-1  without regard to the beneficiaries' ability to pay;
   13-2              (3)  providing support to elderly persons or the
   13-3  handicapped without regard to the beneficiaries' ability to pay;
   13-4              (4)  preserving a historical landmark or site;
   13-5              (5)  promoting or operating a museum, zoo, library,
   13-6  theater of the dramatic arts, or symphony orchestra or choir;
   13-7              (6)  promoting or providing humane treatment of
   13-8  animals;
   13-9              (7)  acquiring, storing, transporting, selling, or
  13-10  distributing water for public use;
  13-11              (8)  answering fire alarms and extinguishing fires with
  13-12  no compensation or only nominal compensation to the members of the
  13-13  organization;
  13-14              (9)  promoting the athletic development of boys or
  13-15  girls under the age of 18 years;
  13-16              (10)  preserving or conserving wildlife;
  13-17              (11)  promoting educational development through loans
  13-18  or scholarships to students;
  13-19              (12)  providing halfway house services pursuant to a
  13-20  certification as a halfway house by the Board of Pardons and
  13-21  Paroles;
  13-22              (13)  providing permanent housing and related social,
  13-23  health care, and educational facilities for persons who are 62
  13-24  years of age or older without regard to the residents' ability to
  13-25  pay;
   14-1              (14)  promoting or operating an art gallery, museum, or
   14-2  collection, in a permanent location or on tour, that is open to the
   14-3  public;
   14-4              (15)  providing for the organized solicitation and
   14-5  collection for distributions through gifts, grants, and agreements
   14-6  to nonprofit charitable, education, religious, and youth
   14-7  organizations that provide direct human, health, and welfare
   14-8  services;
   14-9              (16)  performing biomedical or scientific research or
  14-10  biomedical or scientific education for the benefit of the public;
  14-11  or
  14-12              (17)  operating a television station that produces or
  14-13  broadcasts educational, cultural, or other public interest
  14-14  programming and that receives grants from the Corporation for
  14-15  Public Broadcasting under 47 U.S.C. Section 396<; or>
  14-16              <(18)  in the case of a nonprofit hospital, providing
  14-17  health care services without receiving any payment for providing
  14-18  those services to inpatients or outpatients from any source
  14-19  including but not limited to the patient or person legally
  14-20  obligated to support the patient, third-party payors, Medicare,
  14-21  Medicaid, or any other state or local indigent care program.
  14-22  Payment for providing health care services does not include
  14-23  charitable donations, legacies, bequests, or grants or payment for
  14-24  research>.
  14-25        For purposes of satisfying Paragraph (F) of Subdivision (1),
   15-1  a hospital or hospital system may not change its existing fiscal
   15-2  year unless the hospital or hospital system changes its ownership
   15-3  or corporate structure as a result of a sale or merger.
   15-4        For purposes of this subsection, a hospital that satisfies
   15-5  Paragraph (A), (D), (G), or (H) of Subdivision (1) shall be
   15-6  excluded in determining a hospital system's compliance with the
   15-7  standards provided by Paragraph (B), (C), (E), or (F) of
   15-8  Subdivision (1).
   15-9        For purposes of this subsection, the terms "charity care,"
  15-10  "government-sponsored indigent health care," "health care
  15-11  organization," "hospital system," "net patient revenue," "nonprofit
  15-12  hospital," and "tax-exempt benefits" have the meanings set forth in
  15-13  Sections 311.031 and 311.042, Health and Safety Code.  A
  15-14  determination of the amount of community benefits and charity care
  15-15  and government-sponsored indigent health care provided by a
  15-16  hospital or hospital system and the hospital's or hospital system's
  15-17  compliance with the requirements of Section 311.045, Health and
  15-18  Safety Code, shall be based on the most recently completed and
  15-19  audited prior fiscal year of the hospital or hospital system.
  15-20        The providing of charity care and government-sponsored
  15-21  indigent health care in accordance with Paragraph (A) of
  15-22  Subdivision (1) shall be guided by the prudent business judgment of
  15-23  the hospital which will ultimately determine the appropriate level
  15-24  of charity care and government-sponsored indigent health care based
  15-25  on the community needs, the available resources of the hospital,
   16-1  the tax-exempt benefits received by the hospital, and other factors
   16-2  that may be unique to the hospital, such as the hospital's volume
   16-3  of Medicare and Medicaid patients.  These criteria shall not be
   16-4  determinative factors, but shall be guidelines contributing to the
   16-5  hospital's decision along with other factors which may be unique to
   16-6  the hospital.  The formulas contained in Paragraphs (B), (C), (E),
   16-7  and (F) of Subdivision (1) shall also not be considered
   16-8  determinative of a reasonable amount of charity care and
   16-9  government-sponsored indigent health care.
  16-10        The requirements of this subsection shall not apply to the
  16-11  extent a hospital or hospital system demonstrates that reductions
  16-12  in the amount of community benefits, charity care, and
  16-13  government-sponsored indigent health care are necessary to maintain
  16-14  financial reserves at a level required by a bond covenant, are
  16-15  necessary to prevent the hospital or hospital system from
  16-16  endangering its ability to continue operations, or if the hospital
  16-17  or hospital system, as a result of a natural or other disaster, is
  16-18  required substantially to curtail its operations.
  16-19        In any fiscal year that a hospital or hospital system,
  16-20  through unintended miscalculation, fails to meet any of the
  16-21  standards in Subdivision (1), the hospital or hospital system shall
  16-22  not lose its tax-exempt status without the opportunity to cure the
  16-23  miscalculation in the fiscal year following the fiscal year the
  16-24  failure is discovered by both meeting one of the standards and
  16-25  providing an additional amount of charity care and
   17-1  government-sponsored indigent health care that is equal to the
   17-2  shortfall from the previous fiscal year.  A hospital or hospital
   17-3  system may apply this provision only once every five years.
   17-4        SECTION 5.  Subsections (a) and (e), Section 151.310, Tax
   17-5  Code, are amended to read as follows:
   17-6        (a)  A taxable item sold, leased, or rented to, or stored,
   17-7  used, or consumed by, any of the following organizations is
   17-8  exempted from the taxes imposed by this chapter:
   17-9              (1)  an organization created for religious,
  17-10  educational, or charitable purposes if no part of the net earnings
  17-11  of the organization benefits a private shareholder or individual
  17-12  and the items purchased, leased, or rented are related to the
  17-13  purpose of the organization<, and in the case of a nonprofit
  17-14  hospital, the hospital does not receive any payment for providing
  17-15  health care services to inpatients or outpatients from any source
  17-16  including but not limited to the patient or person legally
  17-17  obligated to support the patient, third-party payors, Medicare,
  17-18  Medicaid, or any other state or local indigent care program.
  17-19  Payment for providing health care services does not include
  17-20  charitable donations, legacies, bequests, or grants or payments for
  17-21  research>;
  17-22              (2)  an organization qualifying for an exemption from
  17-23  federal income taxes under Section 501(c)(3), (4), (8), (10), or
  17-24  (19), Internal Revenue Code, of the item sold, leased, rented,
  17-25  stored, used, or consumed relates to the purpose of the exempted
   18-1  organization and the item is not used for the personal benefit of a
   18-2  private stockholder or individual;
   18-3              (3)  a nonprofit organization engaged exclusively in
   18-4  providing athletic competition among persons under 19 years old if
   18-5  no financial benefit goes to an individual or shareholder;
   18-6              (4)  a company, department, or association organized
   18-7  for the purpose of answering fire alarms and extinguishing fires or
   18-8  for the purpose of answering fire alarms, extinguishing fires, and
   18-9  providing emergency medical services, the members of which receive
  18-10  no compensation or only nominal compensation for their services
  18-11  rendered, if the taxable item is used exclusively by the company,
  18-12  department, or association; or
  18-13              (5)  a chamber of commerce or a convention and tourist
  18-14  promotional agency representing at least one Texas city or county
  18-15  if the chamber of commerce or the agency is not organized for
  18-16  profit and no part of its net earnings inures to a private
  18-17  shareholder or other individual.
  18-18        (e)  A nonprofit hospital or hospital system that qualifies
  18-19  for an exemption under Subsection (a)(2) shall provide charity care
  18-20  and community benefits as set forth in Subdivision (1), (2), (3),
  18-21  (4), (5), <or> (6), (7), or (8) below:
  18-22              (1)  charity care and government-sponsored indigent
  18-23  health care are provided at a level which is reasonable in relation
  18-24  to the community needs, as determined through the community needs
  18-25  assessment, the available resources of the hospital or hospital
   19-1  system, and the tax-exempt benefits received by the hospital or
   19-2  hospital system;
   19-3              (2)  charity care and government-sponsored indigent
   19-4  health care are provided in an amount equal to at least four
   19-5  percent of the hospital's or hospital system's net patient revenue;
   19-6              (3)  charity care and government-sponsored indigent
   19-7  health care are provided in an amount equal to at least 100 percent
   19-8  of the hospital's or hospital system's tax-exempt benefits,
   19-9  excluding federal income tax; <or>
  19-10              (4)  <a nonprofit hospital that has been designated as
  19-11  a disproportionate share hospital under the state Medicaid program
  19-12  in either of the previous two fiscal years shall be considered to
  19-13  have provided a reasonable amount of charity care and
  19-14  government-sponsored indigent health care and shall be deemed in
  19-15  compliance with the standards in this subsection;>
  19-16              <(5)>  for tax periods beginning <ending> before
  19-17  January 1, 1996, charity care and community benefits are provided
  19-18  in a combined amount equal to at least five percent of the
  19-19  hospital's or hospital system's net patient revenue, provided that
  19-20  charity care and government-sponsored indigent health care are
  19-21  provided in an amount equal to at least three percent of net
  19-22  patient revenue; <or>
  19-23              (5) <(6)>  for tax periods beginning <ending> after
  19-24  December 31, 1995, charity care and community benefits are provided
  19-25  in a combined amount equal to at least five percent of the
   20-1  hospital's or hospital system's net patient revenue, provided that
   20-2  charity care and government-sponsored indigent health care are
   20-3  provided in an amount equal to at least four percent of net patient
   20-4  revenue;
   20-5              (6)  a nonprofit hospital that has been designated as a
   20-6  disproportionate share hospital under the state Medicaid program in
   20-7  the current year or in either of the previous two fiscal years is
   20-8  considered to have provided a reasonable amount of charity care and
   20-9  government-sponsored indigent health care and is considered in
  20-10  compliance with the standards provided by this subsection;
  20-11              (7)  a hospital operated on a nonprofit basis that is
  20-12  located in a county with a population of less than 50,000 and in
  20-13  which the entire county or the population of the entire county has
  20-14  been designated as a health professionals shortage area is
  20-15  considered to be in compliance with the standards provided by this
  20-16  subsection; or
  20-17              (8)  a hospital providing health care services to
  20-18  inpatients or outpatients without receiving any payment for
  20-19  providing those services from any source, including the patient or
  20-20  person legally obligated to support the patient, third-party
  20-21  payors, Medicare, Medicaid, or any other state or local indigent
  20-22  care program but excluding charitable donations, legacies,
  20-23  bequests, or grants or payments for research, is considered to be
  20-24  in compliance with the standards provided by this subsection.
  20-25        For purposes of satisfying Subdivision (5), a hospital or
   21-1  hospital system may not change its existing fiscal year unless the
   21-2  hospital or hospital system changes its ownership or corporate
   21-3  structure as a result of a sale or merger.
   21-4        For purposes of this subsection, a hospital that satisfies
   21-5  Subdivision (1), (6), (7), or (8) shall be excluded in determining
   21-6  a hospital system's compliance with the standards provided by
   21-7  Subdivision (2), (3), (4), or (5).
   21-8        For purposes of this subsection, the terms "charity care,"
   21-9  "government-sponsored indigent health care," "health care
  21-10  organization," "hospital system," "net patient revenue," "nonprofit
  21-11  hospital," and "tax-exempt benefits" have the meanings set forth in
  21-12  Sections 311.031 and 311.042, Health and Safety Code.  A
  21-13  determination of the amount of community benefits and charity care
  21-14  and government-sponsored indigent health care provided by a
  21-15  hospital or hospital system and the hospital's or hospital system's
  21-16  compliance with the requirements of this subsection and Section
  21-17  311.045, Health and Safety Code, shall be based on the most
  21-18  recently completed and audited prior fiscal year of the hospital or
  21-19  hospital system.
  21-20        The providing of charity care and government-sponsored
  21-21  indigent health care in accordance with Subdivision (1) shall be
  21-22  guided by the prudent business judgment of the hospital which will
  21-23  ultimately determine the appropriate level of charity care and
  21-24  government-sponsored indigent health care based on the community
  21-25  needs, the available resources of the hospital, the tax-exempt
   22-1  benefits received by the hospital, and other factors that may be
   22-2  unique to the hospital, such as the hospital's volume of Medicare
   22-3  and Medicaid patients.  These criteria shall not be determinative
   22-4  factors, but shall be guidelines contributing to the hospital's
   22-5  decision along with other factors which may be unique to the
   22-6  hospital.  The formulas contained in Subdivisions (2), (3), (4),
   22-7  and (5)<, and (6)> shall also not be considered determinative of a
   22-8  reasonable amount of charity care and government-sponsored indigent
   22-9  health care.
  22-10        The requirements of this subsection shall not apply to the
  22-11  extent a hospital or hospital system demonstrates that reductions
  22-12  in the amount of community benefits, charity care, and
  22-13  government-sponsored indigent health care are necessary to maintain
  22-14  financial reserves at a level required by a bond covenant, are
  22-15  necessary to prevent the hospital or hospital system from
  22-16  endangering its ability to continue operations, or if the hospital
  22-17  or hospital system, as a result of a natural or other disaster, is
  22-18  required substantially to curtail its operations.
  22-19        In any fiscal year that a hospital or hospital system,
  22-20  through unintended miscalculation, fails to meet any of the
  22-21  standards in this subsection, the hospital or hospital system shall
  22-22  not lose its tax-exempt status without the opportunity to cure the
  22-23  miscalculation in the fiscal year following the fiscal year the
  22-24  failure is discovered by both meeting one of the standards and
  22-25  providing an additional amount of charity care and
   23-1  government-sponsored indigent health care that is equal to the
   23-2  shortfall from the previous fiscal year.  A hospital or hospital
   23-3  system may apply this provision only once every five years.
   23-4        SECTION 6.  Subsection (a), Section 171.063, Tax Code, is
   23-5  amended to read as follows:
   23-6        (a)  The following corporations are exempt from the franchise
   23-7  tax:
   23-8              (1)  a nonprofit corporation exempted from the federal
   23-9  income tax under Section 501(c)(3), (4), (5), (6), or (7) of the
  23-10  Internal Revenue Code of 1954, as it existed on January 1, 1975;
  23-11  which in the case of a nonprofit hospital means a hospital
  23-12  providing charity care and community benefits as set forth in
  23-13  Paragraph (A), (B), (C), (D), (E), <or> (F), or (G):
  23-14                    (A)  charity care and government-sponsored
  23-15  indigent health care are provided at a level which is reasonable in
  23-16  relation to the community needs, as determined through the
  23-17  community needs assessment, the available resources of the hospital
  23-18  or hospital system, and the tax-exempt benefits received by the
  23-19  hospital or hospital system;
  23-20                    (B)  charity care and government-sponsored
  23-21  indigent health care are provided in an amount equal to at least
  23-22  four percent of the hospital's  or hospital system's net patient
  23-23  revenue;
  23-24                    (C)  charity care and government-sponsored
  23-25  indigent health care are provided in an amount equal to at least
   24-1  100 percent of the hospital's or hospital system's tax-exempt
   24-2  benefits, excluding federal income tax; <or>
   24-3                    (D)  <a nonprofit hospital that has been
   24-4  designated as a disproportionate share hospital under the state
   24-5  Medicaid program in either of the previous two fiscal years shall
   24-6  be considered to have provided a reasonable amount of charity care
   24-7  and government-sponsored indigent health care and shall be deemed
   24-8  in compliance with the standards in this subsection;>
   24-9                    <(E)>  for tax periods beginning <ending> before
  24-10  January 1, 1996, charity care and community benefits are provided
  24-11  in a combined amount equal to at least five percent of the
  24-12  hospital's net patient revenue, provided that charity care and
  24-13  government-sponsored indigent health care are provided in an amount
  24-14  equal to at least three percent of net patient revenue; <or>
  24-15                    (E) <(F)>  for tax periods beginning <ending>
  24-16  after December 31, 1995, charity care and community benefits are
  24-17  provided in a combined amount equal to at least five percent of the
  24-18  hospital's or hospital system's net patient revenue, provided that
  24-19  charity care and government-sponsored indigent health care are
  24-20  provided in an amount equal to at least four percent of net patient
  24-21  revenue;
  24-22                    (F)  a nonprofit hospital that has been
  24-23  designated as a disproportionate share hospital under the state
  24-24  Medicaid program in the current year or in either of the previous
  24-25  two fiscal years is considered to have provided a reasonable amount
   25-1  of charity care and government-sponsored indigent health care and
   25-2  is considered in compliance with the standards provided by this
   25-3  subsection; or
   25-4                    (G)  a hospital operated on a nonprofit basis
   25-5  that is located in a county with a population of less than 50,000
   25-6  and in which the entire county or the population of the entire
   25-7  county has been designated as a health professionals shortage area
   25-8  is considered in compliance with the standards provided by this
   25-9  subsection;
  25-10              (2)  a corporation exempted under Section 501(c)(2) or
  25-11  (25) of the Internal Revenue Code of 1986, if the corporation or
  25-12  corporations for which it holds title to property is either exempt
  25-13  from or not subject to the franchise tax;
  25-14              (3)  a corporation exempted from federal income tax
  25-15  under Section 501(c)(16), Internal Revenue Code of 1986; and
  25-16              (4)  a nonprofit corporation exempted from the federal
  25-17  income tax under Section 501(c)(3)  of the Internal Revenue Code of
  25-18  1986, that <is a nonprofit hospital and> does not receive any
  25-19  payment for providing health care services to inpatients or
  25-20  outpatients from any source including but not limited to the
  25-21  patient or person legally obligated to support the patient,
  25-22  third-party payors, Medicare, Medicaid, or any other state or local
  25-23  indigent care program.  Payment for providing health care services
  25-24  does not include charitable donations, legacies, bequests, or
  25-25  grants or payments for research.
   26-1        For purposes of satisfying Paragraph (E) of Subdivision (1),
   26-2  a hospital or hospital system may not change its existing fiscal
   26-3  year unless the hospital or hospital system changes its ownership
   26-4  or corporate structure as a result of a sale or merger.
   26-5        For purposes of this subsection, a hospital that satisfies
   26-6  Paragraph (A), (F), or (G) of Subdivision (1) shall be excluded in
   26-7  determining a hospital system's compliance with the standards
   26-8  provided by Paragraph (B), (C), (D), or (E) of Subdivision (1).
   26-9        For purposes of this subsection, the terms "charity care,"
  26-10  "government-sponsored indigent health care,"  "health care
  26-11  organization," "hospital system," "net patient revenue," "nonprofit
  26-12  hospital," and "tax-exempt benefits" have the meanings set forth in
  26-13  Sections 311.031 and 311.042, Health and Safety Code.  A
  26-14  determination of the amount of community benefits and charity care
  26-15  and government-sponsored indigent health care provided by a
  26-16  hospital or hospital system and the hospital's or hospital system's
  26-17  compliance with the requirements of Section 311.045, Health and
  26-18  Safety Code, shall be based on the most recently completed and
  26-19  audited prior fiscal year of the hospital or hospital system.
  26-20        The providing of charity care and government-sponsored
  26-21  indigent health care in accordance with Paragraph (A) of
  26-22  Subdivision (1) shall be guided by the prudent business judgment of
  26-23  the hospital which will ultimately determine the appropriate level
  26-24  of charity care and government-sponsored indigent health care based
  26-25  on the community needs, the available resources of the hospital,
   27-1  the tax-exempt benefits received by the hospital, and other factors
   27-2  that may be unique to the hospital, such as the hospital's volume
   27-3  of Medicare and Medicaid patients.  These criteria shall not be
   27-4  determinative factors, but shall be guidelines contributing to the
   27-5  hospital's decision along with other factors which may be unique to
   27-6  the hospital.  The formulas contained in Paragraphs (B), (C), (D),
   27-7  and (E)<, and (F)> of Subdivision (1) shall also not be considered
   27-8  determinative of a reasonable amount of charity care and
   27-9  government-sponsored indigent health care.
  27-10        The requirements of this subsection shall not apply to the
  27-11  extent a hospital or hospital system demonstrates that reductions
  27-12  in the amount of community benefits, charity care, and
  27-13  government-sponsored indigent health care are necessary to maintain
  27-14  financial reserves at a level required by a bond covenant, are
  27-15  necessary to prevent the hospital or hospital system from
  27-16  endangering its ability to continue operations, or if the hospital,
  27-17  as a result of a natural or other disaster, is required
  27-18  substantially to curtail its operations.
  27-19        In any fiscal year that a hospital or hospital system,
  27-20  through unintended miscalculation, fails to meet any of the
  27-21  standards in Subdivision (1), the hospital  or hospital system
  27-22  shall not lose its tax-exempt status without the opportunity to
  27-23  cure the miscalculation in the fiscal year following the fiscal
  27-24  year the failure is discovered by both meeting one of the standards
  27-25  and providing an additional amount of charity care and
   28-1  government-sponsored indigent health care that is equal to the
   28-2  shortfall from the previous fiscal year.  A hospital or hospital
   28-3  system may apply this provision only once every five years.
   28-4        SECTION 7.  This Act takes effect September 1, 1995.
   28-5        SECTION 8.  The importance of this legislation and the
   28-6  crowded condition of the calendars in both houses create an
   28-7  emergency and an imperative public necessity that the
   28-8  constitutional rule requiring bills to be read on three several
   28-9  days in each house be suspended, and this rule is hereby suspended.