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A BILL TO BE ENTITLED
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AN ACT
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relating to county liability for indigent health care services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 61, Health and Safety |
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Code, is amended by adding Section 61.0241 to read as follows: |
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Sec. 61.0241. REPORT TO DEPARTMENT OF ELIGIBILITY STANDARDS |
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AND APPLICATION PROCEDURE. Not later than the 30th day after the |
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beginning of the state fiscal year, a county shall submit to the |
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department: |
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(1) the eligibility standards that the county has |
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adopted under Section 61.023(d); |
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(2) the application procedures that the county has |
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specified that it will use under Section 61.024(c); and |
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(3) any documentation related to the eligibility |
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standards or application procedures required by department rule. |
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SECTION 2. Section 61.033, Health and Safety Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) The department shall periodically audit each county |
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that provides assistance under this subchapter to verify the |
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county's compliance with this section. |
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SECTION 3. Subchapter B, Chapter 61, Health and Safety |
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Code, is amended by adding Section 61.0331 to read as follows: |
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Sec. 61.0331. COUNTY LIABILITY DETERMINATION; COMPTROLLER |
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DUTY. (a) If during an audit of a county under Section 61.033(c) |
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the department determines the county is not in compliance with |
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Section 61.033, the department shall: |
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(1) find the county is liable and: |
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(A) determine the amount of liability for health |
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care services required to have been provided for eligible residents |
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of the county or provided by a provider to eligible residents and |
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not reimbursed by the county as required by this subchapter; or |
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(B) make a finding of fact to support the |
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comptroller's estimate of liability for the county's failure to |
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provide health care assistance in accordance with this subchapter; |
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(2) notify the county in writing of the finding; and |
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(3) immediately notify the comptroller in writing of |
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the finding and amount of liability determined by the department. |
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(b) On receipt of the notification required under |
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Subsection (a)(3), the comptroller shall immediately place a hold |
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on any tax revenue that is not deposited to a trust fund and is |
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allocated to the county by state law. |
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(c) A county may appeal the department's finding under |
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Subsection (a) under Chapter 2001, Government Code, using the |
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substantial evidence rule on appeal. |
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(d) Not later than the 10th day after the date a county is |
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issued written notice of the department's finding of liability |
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under this section, including any modification of the finding |
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following a judicial determination of the matter, the department |
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shall notify the comptroller in writing of the estimated amount of |
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county liability and the finding of fact to support an estimate by |
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the comptroller of county liability. |
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(e) As soon as practicable after receiving notification of |
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county liability under Subsection (d), the comptroller shall |
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deposit to the credit of the general revenue fund from any tax |
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revenue that is not deposited to a trust fund and is allocated to |
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the county by state law an amount equal to the amount of the county |
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liability described by Subsection (a)(1) as determined by the |
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comptroller. |
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(f) The money deposited under Subsection (e) may be |
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appropriated only as follows: |
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(1) 50 percent to provide indigent health care |
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assistance in accordance with this subchapter; and |
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(2) 50 percent to provide primary care services under |
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Chapter 31. |
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SECTION 4. (a) Not later than January 1, 2008, the |
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comptroller shall adopt the rules and procedures necessary to |
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implement Section 61.0331, Health and Safety Code, as added by this |
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Act. |
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(b) Not later than January 1, 2008, the executive |
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commissioner of the Health and Human Services Commission, in |
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consultation with the Department of State Health Services, shall |
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adopt the rules and procedures necessary to implement Section |
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61.0331, Health and Safety Code, as added by this Act. |
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SECTION 5. This Act takes effect September 1, 2007. |