1-1  By:  Ellis                                            S.B. No. 1190
    1-2        (In the Senate - Filed March 10, 1995; March 16, 1995, read
    1-3  first time and referred to Committee on Health and Human Services;
    1-4  April 27, 1995, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 8, Nays 0; April 27, 1995,
    1-6  sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR S.B. No. 1190                   By:  Nixon
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to the duty of nonprofit, tax-exempt hospitals to provide
   1-11  charity care.
   1-12        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-13        SECTION 1.  Section 311.031, Health and Safety Code, is
   1-14  amended to read as follows:
   1-15        Sec. 311.031.  Definitions.  In this subchapter:
   1-16              (1)  "Board" means the Texas Board of Health.
   1-17              (2)  "Charity care" means the unreimbursed cost to a
   1-18  hospital of:
   1-19                    (A)  providing, funding, or otherwise financially
   1-20  supporting health care services on an inpatient or outpatient basis
   1-21  to a person classified by the hospital as "financially indigent" or
   1-22  "medically indigent"; and/or
   1-23                    (B)  providing, funding, or otherwise financially
   1-24  supporting health care services provided to financially indigent
   1-25  persons <patients> through other nonprofit or public outpatient
   1-26  clinics, hospitals, <or> health care organizations, or an
   1-27  elementary or secondary school in which at least 50 percent or more
   1-28  of the students qualify under the federal program for free or
   1-29  reduced-price school lunches or meet an equivalent economic index.
   1-30              (3)  "Contractual allowances" means the difference
   1-31  between revenue at established rates and amounts realizable from
   1-32  third-party payors under contractual agreements.
   1-33              (4)  "Department" means the Texas Department of Health.
   1-34              (5)  "Donations" means the unreimbursed costs of
   1-35  providing cash and in-kind services and gifts, including
   1-36  facilities, equipment, personnel, and programs, to other nonprofit
   1-37  or public outpatient clinics, hospitals, <or> health care
   1-38  organizations, or an elementary or secondary school in which at
   1-39  least 50 percent or more of the students qualify under the federal
   1-40  program for free or reduced-price school lunches or meet an
   1-41  equivalent economic index.
   1-42              (6)  "Education-related costs" means the unreimbursed
   1-43  cost to a hospital of providing, funding, or otherwise financially
   1-44  supporting educational benefits, services, and programs including:
   1-45                    (A)  education of physicians, nurses,
   1-46  technicians, and other medical professionals and health care
   1-47  providers;
   1-48                    (B)  provision of scholarships and funding to
   1-49  medical schools, colleges, and universities for health professions
   1-50  education;
   1-51                    (C)  education of patients concerning diseases
   1-52  and home care in response to community needs; and
   1-53                    (D)  community health education through
   1-54  informational programs, publications, and outreach activities in
   1-55  response to community needs.
   1-56              (7)  "Financially indigent" means an uninsured or
   1-57  underinsured person who is accepted for care with no obligation or
   1-58  a discounted obligation to pay for the services rendered based on
   1-59  the hospital's eligibility system.
   1-60              (8)  "Government-sponsored indigent health care" means
   1-61  the unreimbursed cost to a hospital of providing health care
   1-62  services to recipients of Medicaid and other federal, state, or
   1-63  local indigent health care programs, eligibility for which is based
   1-64  on financial need.
   1-65              (9)  "Health care organization" means a nonprofit or
   1-66  public organization that provides, funds, or otherwise financially
   1-67  supports health care services provided to financially indigent
   1-68  persons.
    2-1              (10)  "Hospital" means:
    2-2                    (A)  a general or special hospital licensed under
    2-3  Chapter 241;
    2-4                    (B)  a private mental hospital licensed under
    2-5  Chapter 577; and
    2-6                    (C)  a treatment facility licensed under Chapter
    2-7  464.
    2-8              (11) <(10)>  "Hospital eligibility system" means the
    2-9  financial criteria and procedure used by a hospital to determine if
   2-10  a patient is eligible for charity care.  The system shall include
   2-11  income levels and means testing indexed to the federal poverty
   2-12  guidelines; provided, however, that a hospital may not establish an
   2-13  eligibility system which sets the income level eligible for charity
   2-14  care lower than that required by counties under Section 61.023 or
   2-15  higher, in the case of the financially indigent, than 200 percent
   2-16  of the federal poverty guidelines.  A hospital may determine that a
   2-17  person is financially or medically indigent pursuant to the
   2-18  hospital's eligibility system after health care services are
   2-19  provided.
   2-20              (12)  "Hospital system" means a system of local
   2-21  nonprofit hospitals under the common governance of a single
   2-22  corporate parent that are located within a radius of not more than
   2-23  125 linear miles of the corporate parent.
   2-24              (13) <(11)>  "Medically indigent" means a person whose
   2-25  medical or hospital bills after payment by third-party payors
   2-26  exceed a specified percentage of the patient's annual gross income,
   2-27  determined in accordance with the hospital's eligibility system,
   2-28  and the person is financially unable to pay the remaining bill.
   2-29              (14) <(12)>  "Research-related costs" means the
   2-30  unreimbursed cost to a hospital of providing, funding, or otherwise
   2-31  financially supporting facilities, equipment, and personnel for
   2-32  medical and clinical research conducted in response to community
   2-33  needs.
   2-34              (15) <(13)>  "Subsidized health services" means those
   2-35  services provided by a hospital in response to community needs for
   2-36  which the reimbursement is less than the hospital's cost for
   2-37  providing the services and which must be subsidized by other
   2-38  hospital or nonprofit supporting entity revenue sources.
   2-39  Subsidized health services may include but are not limited to:
   2-40                    (A)  emergency and trauma care;
   2-41                    (B)  neonatal intensive care;
   2-42                    (C)  free-standing community clinics; and
   2-43                    (D)  collaborative efforts with local government
   2-44  or private agencies in preventive medicine, such as immunization
   2-45  programs.
   2-46              (16) <(14)>  "Unreimbursed costs" means the costs a
   2-47  hospital incurs for providing services after subtracting payments
   2-48  received from any source for such services including but not
   2-49  limited to the following:  third-party insurance payments; Medicare
   2-50  payments; Medicaid payments; Medicare education reimbursements;
   2-51  state reimbursements for education; payments from drug companies to
   2-52  pursue research; grant funds for research; and disproportionate
   2-53  share payments.  For purposes of this definition, the term "costs"
   2-54  shall be calculated by applying the cost to charge ratios derived
   2-55  in accordance with generally accepted accounting principles for
   2-56  hospitals <from the hospital's Medicare cost report> to billed
   2-57  charges.  The calculation of the cost to charge ratios shall be
   2-58  based on the most recently completed and audited prior fiscal year
   2-59  of the hospital or hospital system.  Prior to January 1, 1996, for
   2-60  purposes of this definition, charitable contributions and grants to
   2-61  a hospital, including transfers from endowment or other funds
   2-62  controlled by the hospital or its nonprofit supporting entities,
   2-63  shall not be subtracted from the costs of providing services for
   2-64  purposes of determining unreimbursed costs.  After January 1, 1996,
   2-65  for purposes of this definition, charitable contributions and
   2-66  grants to a hospital, including transfers from endowment or other
   2-67  funds controlled by the hospital or its nonprofit supporting
   2-68  entities, shall not be subtracted from the costs of providing
   2-69  services for purposes of determining the unreimbursed costs of
   2-70  charity care and government-sponsored indigent health care.
    3-1        SECTION 2.  Section 311.042, Health and Safety Code, is
    3-2  amended by adding Subdivision (15) to read as follows:
    3-3              (15)  "Hospital system" means a system of local
    3-4  nonprofit hospitals under the common governance of a single
    3-5  corporate parent that are located within a radius of not more than
    3-6  125 linear miles of the corporate parent.
    3-7        SECTION 3.  Section 311.045, Health and Safety Code, is
    3-8  amended to read as follows:
    3-9        Sec. 311.045.  Community Benefits and Charity Care
   3-10  Requirements.  (a)  A nonprofit hospital or hospital system shall
   3-11  annually satisfy the requirements of this subchapter and of
   3-12  Sections 11.18(d)(1), 151.310(a)(2) and (e), and 171.063(a)(1), Tax
   3-13  Code, to provide community benefits which include charity care and
   3-14  government-sponsored indigent health care by complying with one or
   3-15  more of the standards set forth in Subsection (b).  The hospital or
   3-16  hospital system shall file a statement with the Bureau of State
   3-17  Health Data and Policy Analysis at the department, with the chief
   3-18  appraiser of the local appraisal district, and with the
   3-19  comptroller's office no later than the 120th day after the
   3-20  hospital's or hospital system's fiscal year ends, stating which of
   3-21  the standards in Subsection (b) have been satisfied, provided,
   3-22  however, that the first report shall be filed no later than the
   3-23  120th day after the end of the hospital's or hospital system's
   3-24  fiscal year ending during 1994.  For hospitals in a hospital system
   3-25  <under the common control of a single parent corporation>, the
   3-26  corporate parent may elect to satisfy the charity care requirements
   3-27  of this subchapter for each of the hospitals within the system on a
   3-28  consolidated basis<; however, each hospital controlled by the
   3-29  parent corporation shall satisfy the requirements of Sections
   3-30  11.18(d)(1), 151.310(a), (c), (d), and (e), and 171.063(a)(1), Tax
   3-31  Code, and provide community benefits which include charity care and
   3-32  government-sponsored indigent health care>.
   3-33        (b)(1)  A nonprofit hospital or hospital system may elect to
   3-34  provide community benefits, which include charity care and
   3-35  government-sponsored indigent health care, according to any of the
   3-36  following standards:
   3-37                    (A)  charity care and government-sponsored
   3-38  indigent health care are provided at a level which is reasonable in
   3-39  relation to the community needs, as determined through the
   3-40  community needs assessment, the available resources of the hospital
   3-41  or hospital system, and the tax-exempt benefits received by the
   3-42  hospital or hospital system;
   3-43                    (B)  charity care and government-sponsored
   3-44  indigent health care are provided in an amount equal to at least
   3-45  four percent of the hospital's or hospital system's net patient
   3-46  revenue;
   3-47                    (C)  charity care and government-sponsored
   3-48  indigent health care are provided in an amount equal to at least
   3-49  100 percent of the hospital's or hospital system's tax-exempt
   3-50  benefits, excluding federal income tax;
   3-51                    (D)  prior to January 1, 1996, charity care and
   3-52  community benefits are provided in a combined amount equal to at
   3-53  least five percent of the hospital's or hospital system's net
   3-54  patient revenue, provided that charity care and
   3-55  government-sponsored indigent health care are provided in an amount
   3-56  equal to at least three percent of net patient revenue; or
   3-57                    (E)  beginning with the hospital's or hospital
   3-58  system's fiscal year starting after December 31, 1995, charity care
   3-59  and community benefits are provided in a combined amount equal to
   3-60  at least five percent of the hospital's or hospital system's net
   3-61  patient revenue, provided that charity care and
   3-62  government-sponsored indigent health care are provided in an amount
   3-63  equal to at least four percent of net patient revenue.
   3-64              (2)  For purposes of satisfying Subdivision (1)(E), a
   3-65  hospital or hospital system may not change its existing fiscal year
   3-66  unless the hospital or hospital system changes its ownership or
   3-67  corporate structure as a result of a sale or merger.
   3-68              (3)  A nonprofit hospital that has been designated as a
   3-69  disproportionate share hospital under the state Medicaid program in
   3-70  the current fiscal year or in either of the previous two fiscal
    4-1  years shall be considered to have provided a reasonable amount of
    4-2  charity care and government-sponsored indigent health care and
    4-3  shall be deemed in compliance with the standards in this
    4-4  subsection.
    4-5              <(3)  A nonprofit hospital that is located in a county
    4-6  with a population under 100,000 which has a hospital district
    4-7  created pursuant to Article IX, Section 5, of the Texas
    4-8  Constitution and Chapter 136, Acts of the 55th Legislature, Regular
    4-9  Session, 1957, shall not be required to comply with one or more of
   4-10  the standards set forth in this subsection.>
   4-11        (c)  The providing of charity care and government-sponsored
   4-12  indigent health care in accordance with Subsection (b)(1)(A) shall
   4-13  be guided by the prudent business judgment of the hospital which
   4-14  will ultimately determine the appropriate level of charity care and
   4-15  government-sponsored indigent health care based on the community
   4-16  needs, the available resources of the hospital, the tax-exempt
   4-17  benefits received by the hospital, and other factors that may be
   4-18  unique to the hospital, such as the hospital's volume of Medicare
   4-19  and Medicaid patients.  These criteria shall not be determinative
   4-20  factors, but shall be guidelines contributing to the hospital's
   4-21  decision, along with other factors which may be unique to the
   4-22  hospital.  The standards set forth in Subsections (b)(1)(B),
   4-23  (b)(1)(C), (b)(1)(D), and (b)(1)(E) shall also not be considered
   4-24  determinative of the amount of charity care and
   4-25  government-sponsored indigent health care that will be considered
   4-26  reasonable under Subsection (b)(1)(A).
   4-27        (d)  For purposes of this section, a hospital that satisfies
   4-28  Subsection (b)(1)(A) or (b)(3) shall be excluded in determining a
   4-29  hospital system's compliance with the standards provided by
   4-30  Subsection (b)(1)(B), (b)(1)(C), (b)(1)(D), or (b)(1)(E).
   4-31        (e)  In any fiscal year that a hospital or hospital system,
   4-32  through unintended miscalculation, fails to meet any of the
   4-33  standards in Subsection (b), the hospital or hospital system shall
   4-34  not lose its tax-exempt status without the opportunity to cure the
   4-35  miscalculation in the fiscal year following the fiscal year the
   4-36  failure is discovered by both meeting one of the standards and
   4-37  providing an additional amount of charity care and
   4-38  government-sponsored indigent health care that is equal to the
   4-39  shortfall from the previous fiscal year.  A hospital or hospital
   4-40  system may apply this provision only once every five years.
   4-41        SECTION 4.  Subsection (d), Section 11.18, Tax Code, is
   4-42  amended to read as follows:
   4-43        (d)  A charitable organization must be organized exclusively
   4-44  to perform religious, charitable, scientific, literary, or
   4-45  educational purposes and, except as permitted by Subsection (h) of
   4-46  this section, engage exclusively in performing one or more of the
   4-47  following charitable functions:
   4-48              (1)  providing medical care without regard to the
   4-49  beneficiaries' ability to pay, which in the case of a nonprofit
   4-50  hospital or hospital system means providing charity care and
   4-51  community benefits as set forth in Paragraph (A), (B), (C), (D),
   4-52  (E), <or> (F), (G), or (H):
   4-53                    (A)  charity care and government-sponsored
   4-54  indigent health care are provided at a level which is reasonable in
   4-55  relation to the community needs, as determined through the
   4-56  community needs assessment, the available resources of the hospital
   4-57  or hospital system, and the tax-exempt benefits received by the
   4-58  hospital or hospital system;
   4-59                    (B)  charity care and government-sponsored
   4-60  indigent health care are provided in an amount equal to at least
   4-61  four percent of the hospital's or hospital system's net patient
   4-62  revenue;
   4-63                    (C)  charity care and government-sponsored
   4-64  indigent health care are provided in an amount equal to at least
   4-65  100 percent of the hospital's or hospital system's tax-exempt
   4-66  benefits, excluding federal income tax;
   4-67                    (D)  a nonprofit hospital that has been
   4-68  designated as a disproportionate share hospital under the state
   4-69  Medicaid program in the current year or in either of the previous
   4-70  two fiscal years shall be considered to have provided a reasonable
    5-1  amount of charity care and government-sponsored indigent health
    5-2  care and shall be deemed in compliance with the standards in this
    5-3  subsection;
    5-4                    (E)  for tax years before 1996, charity care and
    5-5  community benefits are provided in a combined amount equal to at
    5-6  least five percent of the hospital's or hospital system's net
    5-7  patient revenue, provided that charity care and
    5-8  government-sponsored indigent health care are provided in an amount
    5-9  equal to at least three percent of net patient revenue; <or>
   5-10                    (F)  beginning with the hospital's or hospital
   5-11  system's tax year starting <for tax years> after 1995, charity care
   5-12  and community benefits are provided in a combined amount equal to
   5-13  at least five percent of the hospital's or hospital system's net
   5-14  patient revenue, provided that charity care and
   5-15  government-sponsored indigent health care are provided in an amount
   5-16  equal to at least four percent of net patient revenue;
   5-17                    (G)  a hospital operated on a nonprofit basis
   5-18  that is located in a county with a population of less than 50,000
   5-19  and in which the entire county or the population of the entire
   5-20  county has been designated as a health professionals shortage area
   5-21  is considered to be in compliance with the standards provided by
   5-22  this subsection; or
   5-23                    (H)  a hospital providing health care services to
   5-24  inpatients or outpatients without receiving any payment for
   5-25  providing those services from any source, including the patient or
   5-26  person legally obligated to support the patient, third-party
   5-27  payors, Medicare, Medicaid, or any other state or local indigent
   5-28  care program but excluding charitable donations, legacies,
   5-29  bequests, or grants or payments for research, is considered to be
   5-30  in compliance with the standards provided by this subsection;
   5-31              (2)  providing support or relief to orphans,
   5-32  delinquent, dependent, or handicapped children in need of
   5-33  residential care, abused or battered spouses or children in need of
   5-34  temporary shelter, the impoverished, or victims of natural disaster
   5-35  without regard to the beneficiaries' ability to pay;
   5-36              (3)  providing support to elderly persons or the
   5-37  handicapped without regard to the beneficiaries' ability to pay;
   5-38              (4)  preserving a historical landmark or site;
   5-39              (5)  promoting or operating a museum, zoo, library,
   5-40  theater of the dramatic arts, or symphony orchestra or choir;
   5-41              (6)  promoting or providing humane treatment of
   5-42  animals;
   5-43              (7)  acquiring, storing, transporting, selling, or
   5-44  distributing water for public use;
   5-45              (8)  answering fire alarms and extinguishing fires with
   5-46  no compensation or only nominal compensation to the members of the
   5-47  organization;
   5-48              (9)  promoting the athletic development of boys or
   5-49  girls under the age of 18 years;
   5-50              (10)  preserving or conserving wildlife;
   5-51              (11)  promoting educational development through loans
   5-52  or scholarships to students;
   5-53              (12)  providing halfway house services pursuant to a
   5-54  certification as a halfway house by the Board of Pardons and
   5-55  Paroles;
   5-56              (13)  providing permanent housing and related social,
   5-57  health care, and educational facilities for persons who are 62
   5-58  years of age or older without regard to the residents' ability to
   5-59  pay;
   5-60              (14)  promoting or operating an art gallery, museum, or
   5-61  collection, in a permanent location or on tour, that is open to the
   5-62  public;
   5-63              (15)  providing for the organized solicitation and
   5-64  collection for distributions through gifts, grants, and agreements
   5-65  to nonprofit charitable, education, religious, and youth
   5-66  organizations that provide direct human, health, and welfare
   5-67  services;
   5-68              (16)  performing biomedical or scientific research or
   5-69  biomedical or scientific education for the benefit of the public;
   5-70  or
    6-1              (17)  operating a television station that produces or
    6-2  broadcasts educational, cultural, or other public interest
    6-3  programming and that receives grants from the Corporation for
    6-4  Public Broadcasting under 47 U.S.C. Section 396<; or>
    6-5              <(18)  in the case of a nonprofit hospital, providing
    6-6  health care services without receiving any payment for providing
    6-7  those services to inpatients or outpatients from any source
    6-8  including but not limited to the patient or person legally
    6-9  obligated to support the patient, third-party payors, Medicare,
   6-10  Medicaid, or any other state or local indigent care program.
   6-11  Payment for providing health care services does not include
   6-12  charitable donations, legacies, bequests, or grants or payment for
   6-13  research>.
   6-14        For purposes of satisfying Paragraph (F) of Subdivision (1),
   6-15  a hospital or hospital system may not change its existing fiscal
   6-16  year unless the hospital or hospital system changes its ownership
   6-17  or corporate structure as a result of a sale or merger.
   6-18        For purposes of this subsection, a hospital that satisfies
   6-19  Paragraph (A), (D), (G), or (H) of Subdivision (1) shall be
   6-20  excluded in determining a hospital system's compliance with the
   6-21  standards provided by Paragraph (B), (C), (E), or (F) of
   6-22  Subdivision (1).
   6-23        For purposes of this subsection, the terms "charity care,"
   6-24  "government-sponsored indigent health care," "health care
   6-25  organization," "hospital system," "net patient revenue," "nonprofit
   6-26  hospital," and "tax-exempt benefits" have the meanings set forth in
   6-27  Sections 311.031 and 311.042, Health and Safety Code.  A
   6-28  determination of the amount of community benefits and charity care
   6-29  and government-sponsored indigent health care provided by a
   6-30  hospital or hospital system and the hospital's or hospital system's
   6-31  compliance with the requirements of Section 311.045, Health and
   6-32  Safety Code, shall be based on the most recently completed and
   6-33  audited prior fiscal year of the hospital or hospital system.
   6-34        The providing of charity care and government-sponsored
   6-35  indigent health care in accordance with Paragraph (A) of
   6-36  Subdivision (1) shall be guided by the prudent business judgment of
   6-37  the hospital which will ultimately determine the appropriate level
   6-38  of charity care and government-sponsored indigent health care based
   6-39  on the community needs, the available resources of the hospital,
   6-40  the tax-exempt benefits received by the hospital, and other factors
   6-41  that may be unique to the hospital, such as the hospital's volume
   6-42  of Medicare and Medicaid patients.  These criteria shall not be
   6-43  determinative factors, but shall be guidelines contributing to the
   6-44  hospital's decision along with other factors which may be unique to
   6-45  the hospital.  The formulas contained in Paragraphs (B), (C), (E),
   6-46  and (F) of Subdivision (1) shall also not be considered
   6-47  determinative of a reasonable amount of charity care and
   6-48  government-sponsored indigent health care.
   6-49        The requirements of this subsection shall not apply to the
   6-50  extent a hospital or hospital system demonstrates that reductions
   6-51  in the amount of community benefits, charity care, and
   6-52  government-sponsored indigent health care are necessary to maintain
   6-53  financial reserves at a level required by a bond covenant, are
   6-54  necessary to prevent the hospital or hospital system from
   6-55  endangering its ability to continue operations, or if the hospital
   6-56  or hospital system, as a result of a natural or other disaster, is
   6-57  required substantially to curtail its operations.
   6-58        In any fiscal year that a hospital or hospital system,
   6-59  through unintended miscalculation, fails to meet any of the
   6-60  standards in Subdivision (1), the hospital or hospital system shall
   6-61  not lose its tax-exempt status without the opportunity to cure the
   6-62  miscalculation in the fiscal year following the fiscal year the
   6-63  failure is discovered by both meeting one of the standards and
   6-64  providing an additional amount of charity care and
   6-65  government-sponsored indigent health care that is equal to the
   6-66  shortfall from the previous fiscal year.  A hospital or hospital
   6-67  system may apply this provision only once every five years.
   6-68        SECTION 5.  Subsections (a) and (e), Section 151.310, Tax
   6-69  Code, are amended to read as follows:
   6-70        (a)  A taxable item sold, leased, or rented to, or stored,
    7-1  used, or consumed by, any of the following organizations is
    7-2  exempted from the taxes imposed by this chapter:
    7-3              (1)  an organization created for religious,
    7-4  educational, or charitable purposes if no part of the net earnings
    7-5  of the organization benefits a private shareholder or individual
    7-6  and the items purchased, leased, or rented are related to the
    7-7  purpose of the organization<, and in the case of a nonprofit
    7-8  hospital, the hospital does not receive any payment for providing
    7-9  health care services to inpatients or outpatients from any source
   7-10  including but not limited to the patient or person legally
   7-11  obligated to support the patient, third-party payors, Medicare,
   7-12  Medicaid, or any other state or local indigent care program.
   7-13  Payment for providing health care services does not include
   7-14  charitable donations, legacies, bequests, or grants or payments for
   7-15  research>;
   7-16              (2)  an organization qualifying for an exemption from
   7-17  federal income taxes under Section 501(c)(3), (4), (8), (10), or
   7-18  (19), Internal Revenue Code, of the item sold, leased, rented,
   7-19  stored, used, or consumed relates to the purpose of the exempted
   7-20  organization and the item is not used for the personal benefit of a
   7-21  private stockholder or individual;
   7-22              (3)  a nonprofit organization engaged exclusively in
   7-23  providing athletic competition among persons under 19 years old if
   7-24  no financial benefit goes to an individual or shareholder;
   7-25              (4)  a company, department, or association organized
   7-26  for the purpose of answering fire alarms and extinguishing fires or
   7-27  for the purpose of answering fire alarms, extinguishing fires, and
   7-28  providing emergency medical services, the members of which receive
   7-29  no compensation or only nominal compensation for their services
   7-30  rendered, if the taxable item is used exclusively by the company,
   7-31  department, or association; or
   7-32              (5)  a chamber of commerce or a convention and tourist
   7-33  promotional agency representing at least one Texas city or county
   7-34  if the chamber of commerce or the agency is not organized for
   7-35  profit and no part of its net earnings inures to a private
   7-36  shareholder or other individual.
   7-37        (e)  A nonprofit hospital or hospital system that qualifies
   7-38  for an exemption under Subsection (a)(2) shall provide charity care
   7-39  and community benefits as set forth in Subdivision (1), (2), (3),
   7-40  (4), (5), <or> (6), (7), or (8) below:
   7-41              (1)  charity care and government-sponsored indigent
   7-42  health care are provided at a level which is reasonable in relation
   7-43  to the community needs, as determined through the community needs
   7-44  assessment, the available resources of the hospital or hospital
   7-45  system, and the tax-exempt benefits received by the hospital or
   7-46  hospital system;
   7-47              (2)  charity care and government-sponsored indigent
   7-48  health care are provided in an amount equal to at least four
   7-49  percent of the hospital's or hospital system's net patient revenue;
   7-50              (3)  charity care and government-sponsored indigent
   7-51  health care are provided in an amount equal to at least 100 percent
   7-52  of the hospital's or hospital system's tax-exempt benefits,
   7-53  excluding federal income tax; <or>
   7-54              (4)  <a nonprofit hospital that has been designated as
   7-55  a disproportionate share hospital under the state Medicaid program
   7-56  in either of the previous two fiscal years shall be considered to
   7-57  have provided a reasonable amount of charity care and
   7-58  government-sponsored indigent health care and shall be deemed in
   7-59  compliance with the standards in this subsection;>
   7-60              <(5)>  for tax periods beginning <ending> before
   7-61  January 1, 1996, charity care and community benefits are provided
   7-62  in a combined amount equal to at least five percent of the
   7-63  hospital's or hospital system's net patient revenue, provided that
   7-64  charity care and government-sponsored indigent health care are
   7-65  provided in an amount equal to at least three percent of net
   7-66  patient revenue; <or>
   7-67              (5) <(6)>  for tax periods beginning <ending> after
   7-68  December 31, 1995, charity care and community benefits are provided
   7-69  in a combined amount equal to at least five percent of the
   7-70  hospital's or hospital system's net patient revenue, provided that
    8-1  charity care and government-sponsored indigent health care are
    8-2  provided in an amount equal to at least four percent of net patient
    8-3  revenue;
    8-4              (6)  a nonprofit hospital that has been designated as a
    8-5  disproportionate share hospital under the state Medicaid program in
    8-6  the current year or in either of the previous two fiscal years is
    8-7  considered to have provided a reasonable amount of charity care and
    8-8  government-sponsored indigent health care and is considered in
    8-9  compliance with the standards provided by this subsection;
   8-10              (7)  a hospital operated on a nonprofit basis that is
   8-11  located in a county with a population of less than 50,000 and in
   8-12  which the entire county or the population of the entire county has
   8-13  been designated as a health professionals shortage area is
   8-14  considered to be in compliance with the standards provided by this
   8-15  subsection; or
   8-16              (8)  a hospital providing health care services to
   8-17  inpatients or outpatients without receiving any payment for
   8-18  providing those services from any source, including the patient or
   8-19  person legally obligated to support the patient, third-party
   8-20  payors, Medicare, Medicaid, or any other state or local indigent
   8-21  care program but excluding charitable donations, legacies,
   8-22  bequests, or grants or payments for research, is considered to be
   8-23  in compliance with the standards provided by this subsection.
   8-24        For purposes of satisfying Subdivision (5), a hospital or
   8-25  hospital system may not change its existing fiscal year unless the
   8-26  hospital or hospital system changes its ownership or corporate
   8-27  structure as a result of a sale or merger.
   8-28        For purposes of this subsection, a hospital that satisfies
   8-29  Subdivision (1), (6), (7), or (8) shall be excluded in determining
   8-30  a hospital system's compliance with the standards provided by
   8-31  Subdivision (2), (3), (4), or (5).
   8-32        For purposes of this subsection, the terms "charity care,"
   8-33  "government-sponsored indigent health care," "health care
   8-34  organization," "hospital system," "net patient revenue," "nonprofit
   8-35  hospital," and "tax-exempt benefits" have the meanings set forth in
   8-36  Sections 311.031 and 311.042, Health and Safety Code.  A
   8-37  determination of the amount of community benefits and charity care
   8-38  and government-sponsored indigent health care provided by a
   8-39  hospital or hospital system and the hospital's or hospital system's
   8-40  compliance with the requirements of this subsection and Section
   8-41  311.045, Health and Safety Code, shall be based on the most
   8-42  recently completed and audited prior fiscal year of the hospital or
   8-43  hospital system.
   8-44        The providing of charity care and government-sponsored
   8-45  indigent health care in accordance with Subdivision (1) shall be
   8-46  guided by the prudent business judgment of the hospital which will
   8-47  ultimately determine the appropriate level of charity care and
   8-48  government-sponsored indigent health care based on the community
   8-49  needs, the available resources of the hospital, the tax-exempt
   8-50  benefits received by the hospital, and other factors that may be
   8-51  unique to the hospital, such as the hospital's volume of Medicare
   8-52  and Medicaid patients.  These criteria shall not be determinative
   8-53  factors, but shall be guidelines contributing to the hospital's
   8-54  decision along with other factors which may be unique to the
   8-55  hospital.  The formulas contained in Subdivisions (2), (3), (4),
   8-56  and (5)<, and (6)> shall also not be considered determinative of a
   8-57  reasonable amount of charity care and government-sponsored indigent
   8-58  health care.
   8-59        The requirements of this subsection shall not apply to the
   8-60  extent a hospital or hospital system demonstrates that reductions
   8-61  in the amount of community benefits, charity care, and
   8-62  government-sponsored indigent health care are necessary to maintain
   8-63  financial reserves at a level required by a bond covenant, are
   8-64  necessary to prevent the hospital or hospital system from
   8-65  endangering its ability to continue operations, or if the hospital
   8-66  or hospital system, as a result of a natural or other disaster, is
   8-67  required substantially to curtail its operations.
   8-68        In any fiscal year that a hospital or hospital system,
   8-69  through unintended miscalculation, fails to meet any of the
   8-70  standards in this subsection, the hospital or hospital system shall
    9-1  not lose its tax-exempt status without the opportunity to cure the
    9-2  miscalculation in the fiscal year following the fiscal year the
    9-3  failure is discovered by both meeting one of the standards and
    9-4  providing an additional amount of charity care and
    9-5  government-sponsored indigent health care that is equal to the
    9-6  shortfall from the previous fiscal year.  A hospital or hospital
    9-7  system may apply this provision only once every five years.
    9-8        SECTION 6.  Subsection (a), Section 171.063, Tax Code, is
    9-9  amended to read as follows:
   9-10        (a)  The following corporations are exempt from the franchise
   9-11  tax:
   9-12              (1)  a nonprofit corporation exempted from the federal
   9-13  income tax under Section 501(c)(3), (4), (5), (6), or (7) of the
   9-14  Internal Revenue Code of 1954, as it existed on January 1, 1975;
   9-15  which in the case of a nonprofit hospital means a hospital
   9-16  providing charity care and community benefits as set forth in
   9-17  Paragraph (A), (B), (C), (D), (E), <or> (F), or (G):
   9-18                    (A)  charity care and government-sponsored
   9-19  indigent health care are provided at a level which is reasonable in
   9-20  relation to the community needs, as determined through the
   9-21  community needs assessment, the available resources of the hospital
   9-22  or hospital system, and the tax-exempt benefits received by the
   9-23  hospital or hospital system;
   9-24                    (B)  charity care and government-sponsored
   9-25  indigent health care are provided in an amount equal to at least
   9-26  four percent of the hospital's  or hospital system's net patient
   9-27  revenue;
   9-28                    (C)  charity care and government-sponsored
   9-29  indigent health care are provided in an amount equal to at least
   9-30  100 percent of the hospital's or hospital system's tax-exempt
   9-31  benefits, excluding federal income tax; <or>
   9-32                    (D)  <a nonprofit hospital that has been
   9-33  designated as a disproportionate share hospital under the state
   9-34  Medicaid program in either of the previous two fiscal years shall
   9-35  be considered to have provided a reasonable amount of charity care
   9-36  and government-sponsored indigent health care and shall be deemed
   9-37  in compliance with the standards in this subsection;>
   9-38                    <(E)>  for tax periods beginning <ending> before
   9-39  January 1, 1996, charity care and community benefits are provided
   9-40  in a combined amount equal to at least five percent of the
   9-41  hospital's net patient revenue, provided that charity care and
   9-42  government-sponsored indigent health care are provided in an amount
   9-43  equal to at least three percent of net patient revenue; <or>
   9-44                    (E) <(F)>  for tax periods beginning <ending>
   9-45  after December 31, 1995, charity care and community benefits are
   9-46  provided in a combined amount equal to at least five percent of the
   9-47  hospital's or hospital system's net patient revenue, provided that
   9-48  charity care and government-sponsored indigent health care are
   9-49  provided in an amount equal to at least four percent of net patient
   9-50  revenue;
   9-51                    (F)  a nonprofit hospital that has been
   9-52  designated as a disproportionate share hospital under the state
   9-53  Medicaid program in the current year or in either of the previous
   9-54  two fiscal years is considered to have provided a reasonable amount
   9-55  of charity care and government-sponsored indigent health care and
   9-56  is considered in compliance with the standards provided by this
   9-57  subsection; or
   9-58                    (G)  a hospital operated on a nonprofit basis
   9-59  that is located in a county with a population of less than 50,000
   9-60  and in which the entire county or the population of the entire
   9-61  county has been designated as a health professionals shortage area
   9-62  is considered in compliance with the standards provided by this
   9-63  subsection;
   9-64              (2)  a corporation exempted under Section 501(c)(2) or
   9-65  (25) of the Internal Revenue Code of 1986, if the corporation or
   9-66  corporations for which it holds title to property is either exempt
   9-67  from or not subject to the franchise tax;
   9-68              (3)  a corporation exempted from federal income tax
   9-69  under Section 501(c)(16), Internal Revenue Code of 1986; and
   9-70              (4)  a nonprofit corporation exempted from the federal
   10-1  income tax under Section 501(c)(3)  of the Internal Revenue Code of
   10-2  1986, that <is a nonprofit hospital and> does not receive any
   10-3  payment for providing health care services to inpatients or
   10-4  outpatients from any source including but not limited to the
   10-5  patient or person legally obligated to support the patient,
   10-6  third-party payors, Medicare, Medicaid, or any other state or local
   10-7  indigent care program.  Payment for providing health care services
   10-8  does not include charitable donations, legacies, bequests, or
   10-9  grants or payments for research.
  10-10        For purposes of satisfying Paragraph (E) of Subdivision (1),
  10-11  a hospital or hospital system may not change its existing fiscal
  10-12  year unless the hospital or hospital system changes its ownership
  10-13  or corporate structure as a result of a sale or merger.
  10-14        For purposes of this subsection, a hospital that satisfies
  10-15  Paragraph (A), (F), or (G) of Subdivision (1) shall be excluded in
  10-16  determining a hospital system's compliance with the standards
  10-17  provided by Paragraph (B), (C), (D), or (E) of Subdivision (1).
  10-18        For purposes of this subsection, the terms "charity care,"
  10-19  "government-sponsored indigent health care,"  "health care
  10-20  organization," "hospital system," "net patient revenue," "nonprofit
  10-21  hospital," and "tax-exempt benefits" have the meanings set forth in
  10-22  Sections 311.031 and 311.042, Health and Safety Code.  A
  10-23  determination of the amount of community benefits and charity care
  10-24  and government-sponsored indigent health care provided by a
  10-25  hospital or hospital system and the hospital's or hospital system's
  10-26  compliance with the requirements of Section 311.045, Health and
  10-27  Safety Code, shall be based on the most recently completed and
  10-28  audited prior fiscal year of the hospital or hospital system.
  10-29        The providing of charity care and government-sponsored
  10-30  indigent health care in accordance with Paragraph (A) of
  10-31  Subdivision (1) shall be guided by the prudent business judgment of
  10-32  the hospital which will ultimately determine the appropriate level
  10-33  of charity care and government-sponsored indigent health care based
  10-34  on the community needs, the available resources of the hospital,
  10-35  the tax-exempt benefits received by the hospital, and other factors
  10-36  that may be unique to the hospital, such as the hospital's volume
  10-37  of Medicare and Medicaid patients.  These criteria shall not be
  10-38  determinative factors, but shall be guidelines contributing to the
  10-39  hospital's decision along with other factors which may be unique to
  10-40  the hospital.  The formulas contained in Paragraphs (B), (C), (D),
  10-41  and (E)<, and (F)> of Subdivision (1) shall also not be considered
  10-42  determinative of a reasonable amount of charity care and
  10-43  government-sponsored indigent health care.
  10-44        The requirements of this subsection shall not apply to the
  10-45  extent a hospital or hospital system demonstrates that reductions
  10-46  in the amount of community benefits, charity care, and
  10-47  government-sponsored indigent health care are necessary to maintain
  10-48  financial reserves at a level required by a bond covenant, are
  10-49  necessary to prevent the hospital or hospital system from
  10-50  endangering its ability to continue operations, or if the hospital,
  10-51  as a result of a natural or other disaster, is required
  10-52  substantially to curtail its operations.
  10-53        In any fiscal year that a hospital or hospital system,
  10-54  through unintended miscalculation, fails to meet any of the
  10-55  standards in Subdivision (1), the hospital  or hospital system
  10-56  shall not lose its tax-exempt status without the opportunity to
  10-57  cure the miscalculation in the fiscal year following the fiscal
  10-58  year the failure is discovered by both meeting one of the standards
  10-59  and providing an additional amount of charity care and
  10-60  government-sponsored indigent health care that is equal to the
  10-61  shortfall from the previous fiscal year.  A hospital or hospital
  10-62  system may apply this provision only once every five years.
  10-63        SECTION 7.  This Act takes effect September 1, 1995.
  10-64        SECTION 8.  The importance of this legislation and the
  10-65  crowded condition of the calendars in both houses create an
  10-66  emergency and an imperative public necessity that the
  10-67  constitutional rule requiring bills to be read on three several
  10-68  days in each house be suspended, and this rule is hereby suspended.
  10-69                               * * * * *