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(b), Health and Safety Code, is
1-16 amended to read as follows:
1-17 (b) The department may [shall] adopt rules governing the
1-18 distribution of state assistance under this chapter that establish
1-19 a maximum annual allocation for each county eligible for assistance
1-20 under this chapter in compliance with Subsection (a).
1-21 SECTION 4. Section 61.059(e), Health and Safety Code, is
1-22 amended to read as follows:
1-23 (e) If the public hospital and the provider disagree on the
1-24 patient's residence or eligibility, the hospital or the provider
2-1 may submit the matter to the department as provided by Section
2-2 61.004.
2-3 SECTION 5. Sections 46.003(a) and (e), Health and Safety
2-4 Code, as added by Chapter 969, Acts of the 76th Legislature,
2-5 Regular Session, 1999, are amended to read as follows:
2-6 (a) The tertiary care account is an account in the state
2-7 treasury. Except as by Subsection (e), money [Money] in the
2-8 account may be appropriated only to the department for the purposes
2-9 of this chapter.
2-10 (e) For each fiscal year, five percent of the total amount
2-11 in the account shall be held in reserve and may be used only for
2-12 reimbursement of unpaid tertiary medical services and stabilization
2-13 services provided as a result of extraordinary emergencies
2-14 occurring during that year. Of the amount remaining:
2-15 (1) [,] not more than five percent may be used for the
2-16 costs of administering the account;
2-17 (2) five percent shall be allocated for the payment of
2-18 state assistance under Chapter 61; and
2-19 (3) the remaining amount shall be allocated as
2-20 provided by Subsection (f).
2-21 SECTION 6. Section 466.408(b), Government Code, is amended to
2-22 read as follows:
2-23 (b) If a claim is not made for prize money on or before the
2-24 180th day after the date on which the winner was selected, the
2-25 prize money shall be deposited to the credit of the Texas
2-26 Department of Health state-owned multicategorical teaching hospital
2-27 account or the tertiary care facility account as follows:
3-1 (1) not more than $40 million in prize money each
3-2 biennium may be deposited to or appropriated from the Texas
3-3 Department of Health state-owned multicategorical teaching hospital
3-4 account, which is an account in the general revenue fund; and
3-5 (2) all prize money subject to this section in excess
3-6 of $40 million each biennium shall be deposited in the tertiary
3-7 care facility account. Money deposited in the tertiary care
3-8 facility account may only be appropriated to the department for
3-9 purposes specified in Chapter 46 or 61, Health and Safety Code.
3-10 SECTION 7. Section 61.006(b-2), Health and Safety Code, is
3-11 repealed.
3-12 SECTION 8. (a) The changes in law made by this Act to
3-13 Chapter 61, Health and Safety Code, take effect September 1, 2001.
3-14 (b) Except as provided by Subsection (a) of this section,
3-15 this Act takes effect immediately if it receives a vote of
3-16 two-thirds of all the members elected to each house, as provided by
3-17 Section 39, Article III, Texas Constitution. If this Act does not
3-18 receive the vote necessary for immediate effect, this Act takes
3-19 effect on the 91st day after the last day of the legislative
3-20 session.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2602 was passed by the House on April
27, 2001, by the following vote: Yeas 143, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2602 on May 25, 2001, by the following vote: Yeas 135, Nays 0,
2 present, not voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2602 was passed by the Senate, with
amendments, on May 17, 2001, by the following vote: Yeas 30, Nays
0, 1 present, not voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor