By Christian, Turner of Coleman                       H.B. No. 2565
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to payment for health care services provided to certain
 1-3     persons by public hospitals and hospital districts.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 61.004, Health and Safety Code, is
 1-6     amended to read as follows:
 1-7           Sec. 61.004.  RESIDENCE OR ELIGIBILITY DISPUTE.  (a)  If a
 1-8     provider of assistance and a governmental entity or hospital
 1-9     district cannot agree on a person's residence or whether a person
1-10     is eligible for assistance under this chapter, the provider or the
1-11     governmental entity or hospital district may submit the matter to
1-12     the department.
1-13           (b)  The provider of assistance and the governmental entity
1-14     or hospital district shall submit all relevant information to the
1-15     department.
1-16           (c)  If the department determines that another governmental
1-17     entity or hospital district may be involved in the dispute, the
1-18     department shall notify the governmental entity or hospital
1-19     district and allow the governmental entity or hospital district to
1-20     respond.
1-21           (d)  From the information submitted, the department shall
1-22     determine the person's residence or whether the person is eligible
1-23     for assistance under this chapter and shall notify each
1-24     governmental entity or hospital district and the provider of
 2-1     assistance of the decision and the reasons for the decision.
 2-2           (e)  If a governmental entity, hospital district, or provider
 2-3     of assistance does not agree with the department's decision, the
 2-4     governmental entity, hospital district, or provider of assistance
 2-5     may file an appeal with the department.  The appeal must be filed
 2-6     not later than the 30th day after the date on which the
 2-7     governmental entity, hospital district, or provider of assistance
 2-8     receives notice of the decision.
 2-9           (f)  The department shall issue a final decision not later
2-10     than the 21st day after the date on which the appeal is filed.
2-11           (g)  A governmental entity, hospital district, or provider of
2-12     assistance may appeal the final order of the department under
2-13     Chapter 2001, Government Code, using the substantial evidence rule
2-14     on appeal.
2-15           (h)  Service may not be denied pending an administrative or
2-16     judicial review of residence.
2-17           SECTION 2.  Section 61.033, Health and Safety Code, is
2-18     amended by adding Subsection (c) to read as follows:
2-19           (c)  The department may enforce this section and the board
2-20     may adopt rules as necessary to enforce this section.
2-21           SECTION 3.  Subchapter B, Chapter 61, Health and Safety Code,
2-22     is amended by adding Section 61.0335 to read as follows:
2-23           Sec. 61.0335.  INFORMATION NECESSARY TO DETERMINE
2-24     ELIGIBILITY.  (a)  Any provider, including a mandated provider,
2-25     public hospital, or hospital district, that delivers health care
2-26     services to a patient who the provider suspects is an eligible
2-27     county resident under this subchapter may require the patient to:
 3-1                 (1)  provide any information necessary to establish
 3-2     that the patient is an eligible county resident; and
 3-3                 (2)  authorize the release of any information relating
 3-4     to the patient, including medical information and information
 3-5     obtained under Subdivision (1), to permit the provider to submit a
 3-6     claim to the county that is liable under Section 61.033.
 3-7           (b)  A county that receives information obtained under
 3-8     Subsection (a) shall use the information to determine whether the
 3-9     person to whom services were provided is an eligible county
3-10     resident of that county and, if so, shall pay the claim made by the
3-11     provider in accordance with this subchapter.
3-12           (c)  The application, documentation, and verification
3-13     procedures established by the department for counties under Section
3-14     61.006 may include a standard format for obtaining information
3-15     under Subsection (a) to facilitate eligibility and residence
3-16     determinations.
3-17           SECTION 4.  Section 61.031(b), Health and Safety Code, is
3-18     amended to read as follows:
3-19           (b)  If the county does not require prior approval and a
3-20     provider delivers or will deliver nonemergency health care services
3-21     to a patient who the provider suspects may be eligible for
3-22     assistance under this subchapter, the provider shall notify the
3-23     patient's county of residence that health care services have been
3-24     or will be provided to the patient.  The notice shall be made:
3-25                 (1)  by telephone not later than the 72nd hour [as soon
3-26     as possible] after the provider determines the patient's county of
3-27     residence; and
 4-1                 (2)  by mail postmarked not later than the fifth
 4-2     [third] working day after the date on which the provider determines
 4-3     the patient's county of residence.
 4-4           SECTION 5.  Section 61.032(a), Health and Safety Code, is
 4-5     amended to read as follows:
 4-6           (a)  If a nonmandated provider delivers emergency services to
 4-7     a patient who the provider suspects might be eligible for
 4-8     assistance under this subchapter, the provider shall notify the
 4-9     patient's county of residence that emergency services have been or
4-10     will be provided to the patient.  The notice shall be made:
4-11                 (1)  by telephone not later than the 72nd hour [as soon
4-12     as possible] after the provider determines the patient's county of
4-13     residence; and
4-14                 (2)  by mail postmarked not later than the fifth
4-15     [third] working day after the date on which the provider determines
4-16     the patient's county of residence.
4-17           SECTION 6.  Section 61.058(b), Health and Safety Code, is
4-18     amended to read as follows:
4-19           (b)  If the public hospital does not require prior approval
4-20     and a provider delivers or will deliver nonemergency health care
4-21     services to a patient who the provider suspects might be eligible
4-22     for assistance under this subchapter, the provider shall notify the
4-23     hospital that health care services have been or will be provided to
4-24     the patient.  The notice shall be made:
4-25                 (1)  by telephone not later than the 72nd hour [as soon
4-26     as possible] after the provider determines that the patient resides
4-27     in the hospital's service area; and
 5-1                 (2)  by mail postmarked not later than the fifth
 5-2     [third] working day after the date on which the provider determines
 5-3     that the patient resides in the hospital's service area.
 5-4           SECTION 7.  Section 61.059(a), Health and Safety Code, is
 5-5     amended to read as follows:
 5-6           (a)  If a nonmandated provider delivers emergency services to
 5-7     a patient who the provider suspects might be eligible for
 5-8     assistance under this subchapter, the provider shall notify the
 5-9     hospital that emergency services have been or will be provided to
5-10     the patient.  The notice shall be made:
5-11                 (1)  by telephone not later than the 72nd hour [as soon
5-12     as possible] after the provider determines that the patient resides
5-13     in the hospital's service area; and
5-14                 (2)  by mail postmarked not later than the fifth
5-15     [third] working day after the date on which the provider determines
5-16     that the patient resides in the hospital's service area.
5-17           SECTION 8.  Section 61.060, Health and Safety Code, is
5-18     amended by adding Subsection (e) to read as follows:
5-19           (e)  The department may enforce this section and the board
5-20     may adopt rules as necessary to enforce this section.
5-21           SECTION 9.  The Texas Department of Health shall study the
5-22     feasibility of requiring or permitting a county, public hospital,
5-23     and hospital district to issue a uniform identification card to an
5-24     eligible county resident or eligible service area resident, as
5-25     appropriate, that identifies the resident as eligible for health
5-26     care assistance under Chapter 61, Health and Safety Code.  Not
5-27     later than December 15, 2000, the department shall report the
 6-1     results of its study to the governor, lieutenant governor, and
 6-2     speaker of the house of representatives.
 6-3           SECTION 10.  The importance of this legislation and the
 6-4     crowded condition of the calendars in both houses create an
 6-5     emergency and an imperative public necessity that the
 6-6     constitutional rule requiring bills to be read on three several
 6-7     days in each house be suspended, and this rule is hereby suspended,
 6-8     and that this Act take effect and be in force from and after its
 6-9     passage, and it is so enacted.