79R2432 CLG-D
By: Gallegos S.B. No. 358
A BILL TO BE ENTITLED
AN ACT
relating to the collection and reporting of employment information
regarding beneficiaries of certain health care services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 531, Government Code, is amended by
adding Subchapter M to read as follows:
SUBCHAPTER M. DATA COLLECTION AND REPORTING RELATING TO EMPLOYERS
OF BENEFICIARIES OF CERTAIN HEALTH CARE SERVICES
Sec. 531.451. DEFINITIONS. In this subchapter:
(1) "Charitable care or services" means all care or
services provided for free or at discounted amounts at or below
actual costs based on a person's ability to pay. The term does not
include care or services covered by the Medicare program or
provided through public health care assistance.
(2) "Hospital" means a general or special hospital
licensed under Chapter 241, Health and Safety Code.
(3) "Proposed beneficiary of public health care
assistance" means the person on whose behalf an application for
public health care assistance is filed, including the applicant or
a dependent child or other dependent of the applicant.
(4) "Proposed beneficiary of charitable care or
services" means the person on whose behalf charitable care or
services are requested, including the person making the request or
a dependent child or other dependent of the person making the
request.
(5) "Public health care assistance" means:
(A) medical assistance under Chapter 32, Human
Resources Code;
(B) health benefits coverage under Chapter 62 or
63, Health and Safety Code;
(C) health care assistance provided by a county
under Chapter 61, Health and Safety Code; or
(D) medical assistance or benefits provided by a
public health care program not described in this subdivision that
is administered by the commission or a health and human services
agency.
Sec. 531.452. APPLICATION FOR PUBLIC HEALTH CARE
ASSISTANCE; EMPLOYMENT INFORMATION. (a) The executive
commissioner by rule shall require a person applying for public
health care assistance to identify the employer or employers of the
proposed beneficiary of the assistance.
(b) If the proposed beneficiary of the public health care
assistance is not employed, the applicant shall identify the
employer or employers of a person who is legally liable for the
proposed beneficiary's support.
Sec. 531.453. REQUEST FOR CHARITABLE HOSPITAL CARE OR
SERVICES; EMPLOYMENT INFORMATION. (a) Each hospital shall require
a person requesting charitable care or services from the hospital
to identify the employer or employers of the proposed beneficiary
of the care or services.
(b) If the proposed beneficiary of charitable care or
services provided by the hospital is not employed, the applicant
shall identify the employer or employers of a person who is legally
liable for the proposed beneficiary's support.
(c) On at least an annual basis, each hospital shall provide
to the commission the employer information received under this
section with respect to each person receiving charitable care or
services at the hospital.
Sec. 531.454. RULEMAKING AUTHORITY. The executive
commissioner shall adopt rules as necessary to implement this
subchapter, including rules relating to reporting time frames and
procedures.
Sec. 531.455. COOPERATION OF TEXAS WORKFORCE COMMISSION.
On request of the executive commissioner, the Texas Workforce
Commission shall provide information to the executive commissioner
regarding persons who are employers.
Sec. 531.456. REPORT. (a) In this section:
(1) "Beneficiary of public health care assistance"
means a person who is receiving public health care assistance or who
has a dependent child or other dependent that is receiving that
assistance.
(2) "Beneficiary of charitable care or services
provided by a hospital" means a person who received charitable care
or services at a hospital or who has a dependent child or other
dependent who received that care or those services.
(3) "Employer" means a person engaged in an industry
affecting commerce who has 25 or more employees for each working day
in each of 20 or more calendar weeks in the current or preceding
calendar year. The term includes this state or a political
subdivision of this state.
(b) Not later than January 15 of each year, the commission,
after compiling and analyzing the information received under this
subchapter, shall prepare a written report regarding employers
identified under this subchapter during the immediately preceding
calendar year. The report must include:
(1) the name and business address of each employer in
this state that employs 25 or more persons in a calendar year who
are beneficiaries of public health care assistance or charitable
care or services provided by a hospital;
(2) for each employer described by Subdivision (1):
(A) the total number of employees receiving
public health care assistance;
(B) the total number of employees' dependent
children or other dependents receiving public health care
assistance;
(C) the total number of employees receiving
charitable care or services at a hospital; and
(D) the total number of employees' dependent
children or other dependents receiving charitable care or services
at a hospital; and
(3) the commission's analysis of the fiscal impact on
this state of providing public health care assistance to the
persons described by Subdivisions (2)(A) and (B).
(c) The report may not include the name of a beneficiary of
public health care assistance or charitable care or services
provided by a hospital or other information that is made
confidential by law.
(d) The commission shall make the report available to the
public on the commission's Internet website.
(e) The commission shall provide a copy of the report in
written form to any person requesting the report.
SECTION 2. The executive commissioner of the Health and
Human Services Commission shall adopt any rules necessary to
implement Subchapter M, Chapter 531, Government Code, as added by
this Act, not later than January 1, 2006.
SECTION 3. This Act takes effect September 1, 2005.