80R7312 YDB-D

By: Jackson H.B. No. 2333

A BILL TO BE ENTITLED

AN ACT

relating to county liability for indigent health care services.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter B, Chapter 61, Health and Safety Code, is amended by adding Section 61.0241 to read as follows:

Sec. 61.0241. REPORT TO DEPARTMENT OF ELIGIBILITY STANDARDS AND APPLICATION PROCEDURE. Not later than the 30th day after the beginning of the state fiscal year, a county shall submit to the department:

(1) the eligibility standards that the county has adopted under Section 61.023(d);

(2) the application procedures that the county has specified that it will use under Section 61.024(c); and

(3) any documentation related to the eligibility standards or application procedures required by department rule.

SECTION 2. Section 61.033, Health and Safety Code, is amended by adding Subsection (c) to read as follows:

(c) The department shall periodically audit each county that provides assistance under this subchapter to verify the county's compliance with this section.

SECTION 3. Subchapter B, Chapter 61, Health and Safety Code, is amended by adding Section 61.0331 to read as follows:

Sec. 61.0331. COUNTY LIABILITY DETERMINATION; COMPTROLLER DUTY. (a) If during an audit of a county under Section 61.033(c) the department determines the county is not in compliance with Section 61.033, the department shall:

(1) find the county is liable and:

(A) determine the amount of liability for health care services required to have been provided for eligible residents of the county or provided by a provider to eligible residents and not reimbursed by the county as required by this subchapter; or

(B) make a finding of fact to support the comptroller's estimate of liability for the county's failure to provide health care assistance in accordance with this subchapter;

(2) notify the county in writing of the finding; and

(3) immediately notify the comptroller in writing of the finding and amount of liability determined by the department.

(b) On receipt of the notification required under Subsection (a)(3), the comptroller shall immediately place a hold on any tax revenue that is not deposited to a trust fund and is allocated to the county by state law.

(c) A county may appeal the department's finding under Subsection (a) under Chapter 2001, Government Code, using the substantial evidence rule on appeal.

(d) Not later than the 10th day after the date a county is issued written notice of the department's finding of liability under this section, including any modification of the finding following a judicial determination of the matter, the department shall notify the comptroller in writing of the estimated amount of county liability and the finding of fact to support an estimate by the comptroller of county liability.

(e) As soon as practicable after receiving notification of county liability under Subsection (d), the comptroller shall deposit to the credit of the general revenue fund from any tax revenue that is not deposited to a trust fund and is allocated to the county by state law an amount equal to the amount of the county liability described by Subsection (a)(1) as determined by the comptroller.

(f) The money deposited under Subsection (e) may be appropriated only as follows:

(1) 50 percent to provide indigent health care assistance in accordance with this subchapter; and

(2) 50 percent to provide primary care services under Chapter 31.

SECTION 4. (a) Not later than January 1, 2008, the comptroller shall adopt the rules and procedures necessary to implement Section 61.0331, Health and Safety Code, as added by this Act.

(b) Not later than January 1, 2008, the executive commissioner of the Health and Human Services Commission, in consultation with the Department of State Health Services, shall adopt the rules and procedures necessary to implement Section 61.0331, Health and Safety Code, as added by this Act.

SECTION 5. This Act takes effect September 1, 2007.