By Coleman                                            H.B. No. 2602
         77R11449 JRD-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to indigent health care.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1. Section 61.006(b), Health and Safety Code, is
 1-5     amended to read as follows:
 1-6           (b)  The minimum eligibility standards must incorporate a net
 1-7     income eligibility level equal to 21 [25] percent of the federal
 1-8     poverty level based on the federal Office of Management and Budget
 1-9     poverty index.
1-10           SECTION 2. Section 61.032(e), Health and Safety Code, is
1-11     amended to read as follows:
1-12           (e)  If the county and the provider disagree on the patient's
1-13     residence or eligibility, the county or the provider may submit the
1-14     matter to the department as provided by Section 61.004.
1-15           SECTION 3. Section 61.0395, Health and Safety Code, is
1-16     amended to read as follows:
1-17           Sec. 61.0395.  LIMITED TO APPROPRIATED FUNDS. [(a)]  The
1-18     total amount of state assistance provided to counties under this
1-19     chapter for a fiscal year may not exceed the amount appropriated
1-20     for that purpose for that fiscal year.
1-21           [(b)  The department shall adopt rules governing the
1-22     distribution of state assistance under this chapter that establish
1-23     a maximum annual allocation for each county eligible for assistance
1-24     under this chapter in compliance with Subsection (a).]
 2-1           [(c)  The rules adopted under this section:]
 2-2                 [(1)  may consider the relative populations of the
 2-3     service areas of eligible counties and other appropriate factors;
 2-4     and]
 2-5                 [(2)  notwithstanding Subsection (b), may provide for,
 2-6     at the end of each state fiscal year, the reallocation of all money
 2-7     that is allocated to a county under Subsection (b) but that the
 2-8     county is not eligible to receive and the distribution of that
 2-9     money to other eligible counties.]
2-10           SECTION 4. Section 61.059(e), Health and Safety Code, is
2-11     amended to read as follows:
2-12           (e)  If the public hospital and the provider disagree on the
2-13     patient's residence or eligibility, the hospital or the provider
2-14     may submit the matter to the department as provided by Section
2-15     61.004.
2-16           SECTION 5. Section 46.003(f), Health and Safety Code, as
2-17     added by Chapter 969, Acts of the 76th Legislature, Regular
2-18     Session, 1999, is amended to read as follows:
2-19           (f)  Except as provided by Subsection (e), the account shall
2-20     be allocated for:
2-21                 (1)  payment to tertiary care facilities and level IV
2-22     trauma centers for unreimbursed tertiary medical services and
2-23     stabilization services, as provided for in Sections 46.005 and
2-24     46.006; and
2-25                 (2)  payment of state assistance as provided for in
2-26     Chapter 61.
2-27           SECTION 6. Section 466.408(b), Government Code, is amended to
 3-1     read as follows:
 3-2           (b)  If a claim is not made for prize money on or before the
 3-3     180th day after the date on which the winner was selected, the
 3-4     prize money shall be deposited to the credit of the Texas
 3-5     Department of Health state-owned multicategorical teaching hospital
 3-6     account or the tertiary care facility account as follows:
 3-7                 (1)  not more than $40 million in prize money each
 3-8     biennium may be deposited to or appropriated from the Texas
 3-9     Department of Health state-owned multicategorical teaching hospital
3-10     account, which is an account in the general revenue fund; and
3-11                 (2)  all prize money subject to this section in excess
3-12     of $40 million each biennium shall be deposited in the tertiary
3-13     care facility account.  Money deposited in the tertiary care
3-14     facility account may only be appropriated to the department for
3-15     purposes specified in Chapter 46 or 61, Health and Safety Code.
3-16           SECTION 7. Section 61.006(b-2), Health and Safety Code, is
3-17     repealed.
3-18           SECTION 8. (a)  The changes in law made by this Act to
3-19     Chapter 61, Health and Safety Code, take effect September 1, 2001.
3-20           (b)  Except as provided by Subsection (a) of this section,
3-21     this Act takes effect immediately if it receives a vote of
3-22     two-thirds of all the members elected to each house, as provided by
3-23     Section 39, Article III, Texas Constitution.  If this Act does not
3-24     receive the vote necessary for immediate effect, this Act takes
3-25     effect on the 91st day after the last day of the legislative
3-26     session.