76R10094 DLF-D
By Christian, Turner of Coleman H.B. No. 2565
Substitute the following for H.B. No. 2565:
By Hilderbran C.S.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. Subchapter B, Chapter 61, Health and Safety Code,
1-6 is amended by adding Section 61.0335 to read as follows:
1-7 Sec. 61.0335. SERVICES PROVIDED BY PUBLIC HOSPITAL OR
1-8 HOSPITAL DISTRICT; INFORMATION NECESSARY TO DETERMINE ELIGIBILITY
1-9 IN ADJACENT COUNTY. (a) A public hospital or hospital district
1-10 that provides health care services to a patient who the public
1-11 hospital or hospital district suspects is an eligible county
1-12 resident for which an adjacent county is liable for health care
1-13 services under Section 61.033 may require the patient to:
1-14 (1) provide any information necessary to establish
1-15 that the person is an eligible county resident of the adjacent
1-16 county; and
1-17 (2) authorize the release of any information relating
1-18 to the patient, including medical information and information
1-19 obtained under Subdivision (1), to permit the public hospital or
1-20 hospital district to submit a claim to the county that is liable
1-21 under Section 61.033.
1-22 (b) A county that receives information obtained under
1-23 Subsection (a) shall use the information to determine whether the
1-24 person to whom services were provided is an eligible county
2-1 resident of that county and, if so, shall pay the claim made by the
2-2 public hospital or hospital district in accordance with this
2-3 subchapter.
2-4 (c) The application, documentation, and verification
2-5 procedures established by the department for counties under Section
2-6 61.006 may include a standard format for obtaining information
2-7 under Subsection (a) to facilitate eligibility and residence
2-8 determinations.
2-9 (d) A county is an adjacent county for purposes of
2-10 Subsection (a) if:
2-11 (1) the county shares a border with the service area
2-12 of the public hospital or hospital district; or
2-13 (2) all or part of the service area of the public
2-14 hospital or hospital district is located in the county, but is not
2-15 coextensive with the county.
2-16 SECTION 2. Section 61.031(b), Health and Safety Code, is
2-17 amended to read as follows:
2-18 (b) If the county does not require prior approval and a
2-19 provider delivers or will deliver nonemergency health care services
2-20 to a patient who the provider suspects may be eligible for
2-21 assistance under this subchapter, the provider shall notify the
2-22 patient's county of residence that health care services have been
2-23 or will be provided to the patient. The notice shall be made:
2-24 (1) by telephone not later than the 72nd hour [as soon
2-25 as possible] after the provider determines the patient's county of
2-26 residence; and
2-27 (2) by mail postmarked not later than the fifth
3-1 [third] working day after the date on which the provider determines
3-2 the patient's county of residence.
3-3 SECTION 3. Section 61.032(a), Health and Safety Code, is
3-4 amended to read as follows:
3-5 (a) If a nonmandated provider delivers emergency services to
3-6 a patient who the provider suspects might be eligible for
3-7 assistance under this subchapter, the provider shall notify the
3-8 patient's county of residence that emergency services have been or
3-9 will be provided to the patient. The notice shall be made:
3-10 (1) by telephone not later than the 72nd hour [as soon
3-11 as possible] after the provider determines the patient's county of
3-12 residence; and
3-13 (2) by mail postmarked not later than the fifth
3-14 [third] working day after the date on which the provider determines
3-15 the patient's county of residence.
3-16 SECTION 4. Section 61.058(b), Health and Safety Code, is
3-17 amended to read as follows:
3-18 (b) If the public hospital does not require prior approval
3-19 and a provider delivers or will deliver nonemergency health care
3-20 services to a patient who the provider suspects might be eligible
3-21 for assistance under this subchapter, the provider shall notify the
3-22 hospital that health care services have been or will be provided to
3-23 the patient. The notice shall be made:
3-24 (1) by telephone not later than the 72nd hour [as soon
3-25 as possible] after the provider determines that the patient resides
3-26 in the hospital's service area; and
3-27 (2) by mail postmarked not later than the fifth
4-1 [third] working day after the date on which the provider determines
4-2 that the patient resides in the hospital's service area.
4-3 SECTION 5. Section 61.059(a), Health and Safety Code, is
4-4 amended to read as follows:
4-5 (a) If a nonmandated provider delivers emergency services to
4-6 a patient who the provider suspects might be eligible for
4-7 assistance under this subchapter, the provider shall notify the
4-8 hospital that emergency services have been or will be provided to
4-9 the patient. The notice shall be made:
4-10 (1) by telephone not later than the 72nd hour [as soon
4-11 as possible] after the provider determines that the patient resides
4-12 in the hospital's service area; and
4-13 (2) by mail postmarked not later than the fifth
4-14 [third] working day after the date on which the provider determines
4-15 that the patient resides in the hospital's service area.
4-16 SECTION 6. The Texas Department of Health shall study the
4-17 feasibility of requiring or permitting a county, public hospital,
4-18 and hospital district to issue a uniform identification card to an
4-19 eligible county resident or eligible service area resident, as
4-20 appropriate, that identifies the resident as eligible for health
4-21 care assistance under Chapter 61, Health and Safety Code. Not
4-22 later than December 15, 2000, the department shall report the
4-23 results of its study to the governor, lieutenant governor, and
4-24 speaker of the house of representatives.
4-25 SECTION 7. The importance of this legislation and the
4-26 crowded condition of the calendars in both houses create an
4-27 emergency and an imperative public necessity that the
5-1 constitutional rule requiring bills to be read on three several
5-2 days in each house be suspended, and this rule is hereby suspended,
5-3 and that this Act take effect and be in force from and after its
5-4 passage, and it is so enacted.