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A BILL TO BE ENTITLED
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AN ACT
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relating to charity care and government-sponsored indigent health |
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care provided by certain hospitals. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 311, Health and Safety |
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Code, is amended by adding Section 311.0435 to read as follows: |
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Sec. 311.0435. DUTY OF FOR-PROFIT HOSPITALS TO PROVIDE |
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COMMUNITY BENEFITS. (a) For purposes of this section, "political |
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subdivision" means a county, municipality, special district, |
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school district, or other governmental subdivision of this state. |
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(b) A hospital that receives a tax abatement from a |
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political subdivision, other than a nonprofit hospital to which |
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Section 311.043 applies or a hospital owned or operated by a |
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political subdivision, shall provide charity care and |
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government-sponsored indigent health care as provided by this |
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section. |
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(c) Subject to Subsection (d), a hospital to which this |
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section applies shall provide charity care in an amount equal to at |
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least five percent of the hospital's gross patient revenue, and |
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government-sponsored indigent health care in an amount equal to at |
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least four percent of the hospital's gross patient revenue. A |
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hospital's gross patient revenue and the amount of charity care and |
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government-sponsored indigent health care provided is determined |
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by the hospital's most recently completed, audited fiscal year. |
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(d) A hospital may reduce the amount of charity care and |
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government-sponsored indigent care that it is required to provide |
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under this section as reasonably necessary due to a natural |
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disaster or other emergency that requires the hospital |
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substantially to curtail its operations. |
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(e) A hospital's admissions policy shall provide for the |
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admission of financially indigent and medically indigent persons, |
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as those terms are defined by Section 311.031. |
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(f) The department may deny, suspend, or revoke a hospital's |
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license for a violation of this section in accordance with Section |
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241.053. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |