RLV C.S.S.B. 788 75(R)BILL ANALYSIS


PUBLIC HEALTH
C.S.S.B. 788
By: Ellis (Maxey)
5-2-97
Committee Report (Substituted)


BACKGROUND 

In the 73rd session, legislation was passed requiring that non-profit
hospitals devote a specified amount of their net patient revenues to
charity care and government-sponsored indigent health care. In the 74th
session, non-profit hospitals approached the Legislature about
streamlining the annual reporting of their community benefits plan by
using generally accepted accounting principles in their calculation of
costs, in place of the Medicare cost reports (SB 1190/Ellis).  With the
initial results of this accounting switch, concerns have been raised that
under the new system, non-profit hospitals may be able to overstate the
amount of charity care provided.  If true, this could lead to a decrease
in the actual charity care delivered from the 4 percent minimum required
by law.   

Non-profit hospitals are not required to adhere to a certain fiscal year
reporting period for their community benefits plan.  Based on 1995
information, hospitals used 10 different fiscal years as a basis for
submitting their reports.  As a result, the administration of the law is a
continuous process. 

Public hospitals and Medicaid disproportionate share hospital are not
required to meet the community benefits/charity care standard due to the
large amount of uncompensated care they provide.  At the same time, if
these hospitals simply reported these expenses, the state would have a
fuller picture of the amount of charity care delivered. 

PURPOSE

C.S.S.B. 788 would require hospitals to include in the submission of their
annual report of community benefits plan to the Texas Department of Health
(TDH) a statement of total operating expenses computed in accordance with
generally accepted accounting principles, as well as, total operating
expenses from the Medicare cost report.  This bill also sets April 30th of
each year as the standard date by which all annual reports of community
benefit plans must be filed with TDH. C.S.S.B. 788 requires public
hospitals and Medicaid disproportionate share hospitals to report the
amount of charity care and community benefits provided.  

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 311.045(b)-(d), Health and Safety Code, as
follows: 

Subsection (b)(1)(B) deletes the standard of a nonprofit hospital or
hospital system to provide its community benefits in an amount equal to at
least four percent of the hospital's or hospital system's net patient
revenue.  Makes conforming changes. 

Subsection (b)(1)(D), regarding the standard of a nonprofit hospital or
hospital system to provide its community benefits in a combined amount
equal to at least five percent of the hospital's or hospital system's net
patient revenue, provided that charity care and government sponsored
indigent health care are provided in an amount equal to at least three
percent of the net patient revenue, is deleted.  Makes conforming changes. 

 Subsection (b)(1)(E) deletes language referring to the hospital's or
hospital system's fiscal year after December 31, 1995. 

Subsection (b)(1)(C)(2) makes conforming changes.

Subsection (c) makes conforming changes.

Subsection (d)  makes conforming changes.

SECTION 2.  Amends Subchapter D, Chapter 311, Health and Safety Code, by
adding Section 311.0455 as follows: 

Sec. 311.0455.  ANNUAL REPORT BY THE DEPARTMENT.  Requires TDH to submit
to the attorney general and comptroller by July 1 of each year a report
listing each non-profit hospital or hospital system that did not meet its
community benefit requirement s during the preceding fiscal year. 

Subsection (b) requires TDH to submit to the attorney general and
comptroller not later than November 1 of each year a report containing the
following information for each nonprofit hospital or hospital system
during the preceding fiscal year:  the amount of community benefits
provided; the amount of net patient revenue and the amount constituting
four percent of net patient revenue; the dollar amount of the hospital's
or hospital system's charity care and community benefits requirement; the
amount of tax-exempt benefits, provided the hospital is required to report
these benefits; the amount of charity care expenses reported in the
hospital's or hospital system's audited financial statement. 

Subsection (c) requires the department to make the aforementioned report
available to the public and to issue a press release regarding the report. 

Subsection (d)  defines "nonprofit hospital" for the purposes of
Subsection (b) to include a Medicaid disproportionate share hospital or a
public hospital.  Excludes Medicaid disproportionate share hospitals and
public hospitals that are located in a county with a population of 50,000
or less which has been designated as a Health Professional Shortage Area.

SECTION 3.  Amends Sections 311.046, Health and Safety Code, as follows:

Subsection (a)(4) is added and requires a non-profit hospital in preparing
its annual report of its community benefits plan to submit a statement of
its total operating expenses in accordance with generally accepted
accounting principles from the most recent completed and audited, prior
fiscal year of the hospital.  Subsection (5) is added and requires a
nonprofit hospital to submit in the same report, a completed worksheet
that computes the cost to charge ratio for the fiscal year referred  to in
Subdivision (4) and that includes the same requirements as Worksheet 1-A
for the 1994 "Annual Statement of Community Benefits Standards." 

Subsection (b) establishes April 30th of each year as the deadline for the
filing of annual reports of community benefits plans.  Deletes language
relating to the original deadline of 120 days after the end of the
hospital's fiscal year.  Establishes that in addition to the annual
report, a completed worksheet, as required by Subsection (a)(5) must be
filed by 10 working days after the date the hospital files it Medicare
cost report. 

Subsection (e) defines "non-profit hospital" for the purposes of Section 3
to include a Medicaid disproportionate share hospital or a public
hospital.  Excludes Medicaid disproportionate share hospitals and public
hospitals that are located in a county with a population of 50,000 or less
which has been designated as a Health Professional Shortage Area.   

SECTION 4. Establishes the effective date of the Act as January 1, 1998,
and provides that it is  applicable only to reports filed for fiscal years
ending on or after January 1, 1998.  Declares that the filing date of a
report for fiscal years ending January 1, 1998, is governed by the current
law which is continued in effect for that purpose. 

SECTION 5. Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 788 incorporates HB 2930 into the SB 788.  Both bills amend
Chapter 311, Health and Safety Code.  SB 788 establishes a single due date
for the submission of the annual reports of community benefit plans to
TDH.  The incorporated bill requires non-profit hospital to report
operating expenses relating to generally accepted accounting principles
and relating to Medicare cost reports within the submitted community
benefit plans.  It also requires public hospitals and Medicaid
disproportionate share hospitals to file an annual report of community
benefit plans with TDH.