SRC-ARR S.B. 244 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 244
76R3778 DLF-DBy: Ellis
Economic Development
2/8/1999
As Filed


DIGEST 

Currently, in Texas, nonprofit health care providers must make certain that
health care services are available to low income communities. This bill
enacts the Charitable Health Care Trust Act which will clarify existing law
and implement standards to ensure that nonprofit health care providers
fully understand and abide by their charitable obligations if they convert
to for profit status. 

PURPOSE

As proposed, S.B. 244 sets forth requirements for certain nonprofit
entities that provide health or long-term care or health benefit plans;
provides a penalty. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. PURPOSE AND FINDS. Sets forth the findings of the legislature
regarding nonprofit health care providers. 

SECTION 2. Short title: Charitable Health Care Trust Act.

SECTION 3. Defines "charitable health care organization," "charitable
health care trust," "designated charitable health care organization,"
"health benefit plan provider," "health care provider," "mutual plan
provider," "nonprofit provider," and  "service area." 

SECTION  4. DUTIES OF NONPROFIT PROVIDER. Requires a  nonprofit provider to
comply with this Act before entering into an agreement or transaction.
Sets forth the provisions under which a nonprofit provider can enter into
an agreement or transaction. 

SECTION 5. REQUIREMENTS FOR AGREEMENT OR TRANSACTION. Prohibits a nonprofit
provider from entering into an agreement or transaction unless the
agreement is in the public interest or does not benefit an officer,
director, or employee of the nonprofit provider or another private person
or entity, is not likely to adversely affect the availability of health
care services to uninsured or underinsured individuals, and will not reduce
the amount of charity care provided by the nonprofit provider. 

SECTION 6. AGREEMENT IN PUBLIC INTEREST. Defines "charitable health care
purpose." Provides that an agreement or transaction is not in the public
interest for purposes of Section 5(1) of this Act unless the nonprofit
provider has taken steps to safeguard the value of assets held by the
nonprofit provider for a charitable health care purpose and ensure that the
proceeds of any transaction are irrevocably dedicated to a charitable
health care purpose in the nonprofit provider's service area. 

SECTION 7. DUE DILIGENCE REQUIRED. Provides that in entering into an
agreement or transaction a nonprofit provider shall use due diligence in
selecting the entity and negotiating the terms of the agreement or
transaction. 

 SECTION 8. CHARITABLE HEALTH CARE TRUST. Requires a nonprofit provider to
establish a charitable health care trust equal to the fair market value of
the assets of the nonprofit provider. Requires distributions from the
charitable health care trust to be dedicated to an existing or newly
created charitable health care organization that will operate in the
service area of the nonprofit provider and that is designated to receive
the distributions. Requires an assessor who is not an employee of the
nonprofit provider to determine the fair market value of the assets of the
nonprofit provider.  Sets forth certain conditions for the assessor to use
to determine fair market value. Requires the nonprofit provider to pay for
the assessment conducted under  this subsection.  Requires the nonprofit
provider, the entity with which the agreement or transaction is being made,
and the designated charitable health care organization, to make the report
of the assessor available to any person on request. Authorizes a portion of
the consideration conveyed to the charitable health care trust to consist
of an entity organized for profit.  Prohibits stock conveyed to the
charitable trust from being subjected to a restriction prohibiting the sale
of the stock by the charitable health care trust or a charitable health
care organization for a period of time. Prohibits the agreement or
transaction from otherwise placing unreasonable restrictions on the
transfer of the stock. 

SECTION 9. DESIGNATED CHARITABLE HEALTH CARE ORGANIZATION. Requires a
designated charitable health care organization that receives assets from
the charitable health care trust and each director, officer, and employee
of the organization, to be independent of the entity with which the
agreement or transaction is made and any affiliate of that entity.
Prohibits a person who is an officer, director, or employee of the
nonprofit provider at the time an agreement  or transaction is under
consideration from serving as an officer, director, or employee of the
organization. Sets forth certain procedures that a designated charitable
health care organization shall implement.  Requires the charitable health
care organization to publish a notice.  Sets forth the requirements of the
notice. Requires the notice required to be published no later than the
fifth day after the date the charitable health care organization is
designated to receive the assets from the charitable health care trust.
Requires the hearing to be held not later than the 30th day after the date
the charitable health care organization is designated to receive the assets
from the charitable health care trust. Requires a designated charitable
health care organization to publish an annual report of its activities.
Sets forth certain items that the report must include.  Requires the report
to be made available to the public at the office of the organization and in
each public library in the service area. Requires the organization to
publish notice of the availability of the report. Defines "public library." 

SECTION 10. NOTICE OF AGREEMENT OR TRANSACTION. Requires a nonprofit
provider that intends to enter into an agreement or transaction to notify
the attorney general and publish notice of the fact. Sets forth
requirements for the notice and information required to be in the notice.
Requires the nonprofit providers to provide the attorney general a copy of
the report. Requires the report to be provided to the attorney general by a
certain date. Requires the nonprofit provider to notify the attorney
general of a material change in the agreement or transaction or the
information required by Subsection (c) of this section not later than the
45th day before the date the agreement or transaction becomes effective.
Provides that all notices under this section are public information.
Requires the nonprofit provider to make information available upon request
by any person.  Requires the first publication of notice under this section
to be made by a certain date. 

SECTION 11. PUBLIC HEARING. Requires the nonprofit provider to solicit
written public comment and hold at least one public hearing to obtain
public comment in the service area on the nonprofit provider by a certain
date. Requires  the nonprofit provider to publish notice and notify the
county commissioners of the request for written comment and of the time and
place of the hearing by a certain date. Requires the notice under
Subsection (b)(1) of this section must state the address of the business
office of the nonprofit provider in the service area and to state that more
detailed information concerning the proposed agreement or  transaction is
available at the business office. 

SECTION 12. PUBLICATION OF NOTICE. Sets forth the publications in which a
public notice must be published and the amount of time the notice must
remain published. 

SECTION 13. ENFORCEMENT BY ATTORNEY GENERAL'S OFFICE.  Sets forth the legal
actions for which the attorney general may bring action in a district court
of Travis County. Authorizes the court to award the attorney general the
cost of the suit and attorney's fees, in an action brought under this
section in which the attorney general prevails. 
 
SECTION 14. PENALTIES UNDER LICENSING LAW. Subjects a nonprofit provider,
the successor in interest of a nonprofit provider, or a designated
charitable health care organization that fails to comply with this Act to
certain penalties.  

SECTION 15. Effective date: September 1, 1999.

SECTION 16. Makes application of this Act prospective.

SECTION 17. Emergency clause.