By Coleman H.B. No. 2602
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
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, Health and Safety Code, is amended
1-5 to read as follows:
1-6 Sec. 61.006. STANDARDS AND PROCEDURES. (a) The department
1-7 shall establish minimum eligibility standards and application,
1-8 documentation, and verification procedures for counties to use in
1-9 determining eligibility under this chapter.
1-10 (b) The minimum eligibility standards must incorporate a net
1-11 income eligibility level equal to 21 [25] percent of the federal
1-12 poverty level based on the federal Office of Management and Budget
1-13 poverty index.
1-14 [(b-1) Notwithstanding Subsection (b), effective January 1,
1-15 2000, the minimum eligibility standards must incorporate a net
1-16 income eligibility level equal to 17 percent of the federal poverty
1-17 level based on the federal Office of Management and Budget poverty
1-18 index. This subsection expires December 31, 2000.]
1-19 [(b-2) Notwithstanding Subsection (b), effective January 1,
1-20 2001, the minimum eligibility standards must incorporate a net
1-21 income eligibility level equal to 21 percent of the federal poverty
1-22 level based on the federal Office of Management and Budget poverty
2-1 index. This subsection expires December 31, 2001.]
2-2 (c) The department shall also define the services and
2-3 establish the payment standards for the categories of services
2-4 listed in Sections 61.028(a) and 61.0285 in accordance with
2-5 department [Texas Department of Human Services] rules relating to
2-6 the Temporary Assistance for Needy Families-Medicaid program.
2-7 (d) The department shall establish application,
2-8 documentation, and verification procedures that are consistent with
2-9 the analogous procedures used to determine eligibility in the
2-10 Temporary Assistance for Needy Families-Medicaid program. The
2-11 department may not adopt a standard or procedure that is more
2-12 restrictive than the Temporary Assistance for Needy
2-13 Families-Medicaid program or procedures.
2-14 (e) The department shall ensure that each person who meets
2-15 the basic income and resources requirements for Temporary
2-16 Assistance for Needy Families program payments but who is
2-17 categorically ineligible for Temporary Assistance for Needy
2-18 Families will be eligible for assistance under Subchapter B.
2-19 Except as provided by Section 61.023(b), the department by rule
2-20 shall also provide that a person who receives or is eligible to
2-21 receive Temporary Assistance for Needy Families, Supplemental
2-22 Security Income, or Medicaid benefits is not eligible for
2-23 assistance under Subchapter B even if the person has exhausted a
2-24 part or all of that person's benefits.
2-25 (f) The department shall notify each county and public
2-26 hospital of any change to department rules that affect the
3-1 provision of services under this chapter.
3-2 (g) Notwithstanding Subsection (a), (b), or (c) or any other
3-3 provision of law, the department shall permit payment to a licensed
3-4 dentist for services provided under Sections 61.028(a)(4) and (6)
3-5 if the dentist can provide those services within the scope of the
3-6 dentist's license.
3-7 (h) Notwithstanding Subsection (a), (b), or (c), the
3-8 department shall permit payment to a licensed podiatrist for
3-9 services provided under Sections 61.028(a)(4) and (6), if the
3-10 podiatrist can provide the services within the scope of the
3-11 podiatrist's license.
3-12 SECTION 2. Section 61.025(d), Health and Safety Code, is
3-13 amended to read as follows:
3-14 (d) Expenditures made by the county under Subsection (b) may
3-15 be credited toward eligibility for state assistance under this
3-16 subchapter if the person who received the health care services
3-17 meets the eligibility standards established under Section 61.023
3-18 [61.052] and would have been eligible for assistance under the
3-19 county program if the person had not resided in a public hospital's
3-20 service area.
3-21 SECTION 3. Section 61.032(e), Health and Safety Code, is
3-22 amended to read as follows:
3-23 (e) If the county and the provider disagree on the patient's
3-24 residence or eligibility, the county or the provider may submit the
3-25 matter to the department as provided by Section 61.004.
3-26 SECTION 4. Section 61.037(e), Health and Safety Code, is
4-1 amended to read as follows:
4-2 (e) A county that provides health care services described by
4-3 Subsection (a) to its eligible residents through a hospital
4-4 established by a board of managers jointly appointed by a county
4-5 and a municipality under Section 265.011 is eligible for state
4-6 assistance if:
4-7 (1) the county spends in a state fiscal year at least
4-8 eight percent of the county general revenue levy for the year to
4-9 provide the health care services to its eligible county residents
4-10 who qualify for assistance under Section 61.023 [61.052]; and
4-11 (2) the county complies with the requirements of this
4-12 subchapter.
4-13 SECTION 5. Section 61.038, Health and Safety Code, is
4-14 amended to read as follows:
4-15 Sec. 61.038. Distribution of Assistance Funds. (a) If the
4-16 department determines that a county is eligible for assistance, the
4-17 department shall distribute funds appropriated to the department
4-18 from the indigent health care assistance fund or any other
4-19 available fund to the county to assist the county in providing
4-20 health care services under Sections 61.028 and 61.0285 to its
4-21 eligible county residents who qualify for assistance as described
4-22 by Section 61.023 [61.037].
4-23 (b) State funds provided under this section to a county must
4-24 be equal to at least 90 percent of the actual payment for the
4-25 health care services for the county's eligible residents during the
4-26 remainder of the state fiscal year after the eight percent
5-1 expenditure level is reached.
5-2 SECTION 6. Section 61.0395, Health and Safety Code, is
5-3 amended to read as follows:
5-4 Sec. 61.0395. Limited to Appropriated Funds. [(a)] The
5-5 total amount of state assistance provided to counties under this
5-6 chapter for a fiscal year may not exceed the amount appropriated
5-7 for that purpose for that fiscal year.
5-8 [(b) The department shall adopt rules governing the
5-9 distribution of state assistance under this chapter that establish
5-10 a maximum annual allocation for each county eligible for assistance
5-11 under this chapter in compliance with Subsection (a).]
5-12 [(c) The rules adopted under this section:]
5-13 [(1) may consider the relative populations of the
5-14 service areas of eligible counties and other appropriate factors;
5-15 and]
5-16 [(2) notwithstanding Subsection (b), may provide for,
5-17 at the end of each state fiscal year, the reallocation of all money
5-18 that is allocated to a county under Subsection (b) but that the
5-19 county is not eligible to receive and the distribution of that
5-20 money to other eligible counties.]
5-21 SECTION 7. Section 61.052(g), Health and Safety Code, is
5-22 amended to read as follows:
5-23 (g) A county that provides health care services to its
5-24 eligible residents through a hospital established by a board of
5-25 managers jointly appointed by a county and a municipality under
5-26 Section 265.011 and that establishes an income and resources
6-1 standard in accordance with Subsection (a)(2) may only credit the
6-2 services provided to [all] persons who are eligible under the
6-3 [that] standard described by Section 61.023 toward eligibility for
6-4 state assistance as described by Section 61.037(e).
6-5 SECTION 8. Section 61.059(e), Health and Safety Code, is
6-6 amended to read as follows:
6-7 (e) If the public hospital and the provider disagree on the
6-8 patient's residence or eligibility, the county or the provider may
6-9 submit the matter to the department as provided by Section 61.004.
6-10 SECTION 9. This Act takes effect immediately if it receives
6-11 a vote of two-thirds of all the members elected to each house, as
6-12 provided by Section 39, Article III, Texas Constitution. If this
6-13 Act does not receive the vote necessary for immediate effect, this
6-14 Act takes effect September 1, 2001.