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A BILL TO BE ENTITLED
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AN ACT
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relating to hospitals' submission of uncompensated hospital care |
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data and hospital audits related to federal funding provided for |
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that care. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 531.551, Government Code, |
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is amended to read as follows: |
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Sec. 531.551. UNCOMPENSATED HOSPITAL CARE REPORTING AND |
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ANALYSIS; HOSPITAL AUDIT FEE. |
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SECTION 2. Section 531.551, Government Code, is amended by |
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amending Subsections (a) and (d) and adding Subsections (a-1), |
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(a-2), and (m) to read as follows: |
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(a) Using data submitted to the Department of State Health |
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Services under Subsection (a-1), the [The] executive commissioner |
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shall adopt rules providing for: |
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(1) a standard definition of "uncompensated hospital |
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care" that reflects unpaid costs incurred by hospitals and accounts |
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for actual hospital costs and hospital charges and revenue sources; |
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(2) a methodology to be used by hospitals in this state |
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to compute the cost of that care that incorporates the standard set |
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of adjustments described by Section 531.552(g)(4); and |
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(3) procedures to be used by those hospitals to report |
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the cost of that care to the commission and to analyze that cost. |
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(a-1) To assist the executive commissioner in adopting and |
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amending the rules required by Subsection (a), the Department of |
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State Health Services shall require each hospital in this state to |
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provide to the department, not later than a date specified by the |
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department, uncompensated hospital care data prescribed by the |
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commission. Each hospital must submit complete and adequate data, |
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as determined by the department, not later than the specified date. |
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(a-2) The Department of State Health Services shall notify |
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the commission of each hospital in this state that fails to submit |
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complete and adequate data required by the department under |
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Subsection (a-1) on or before the date specified by the department. |
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Notwithstanding any other law and to the extent allowed by federal |
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law, the commission may withhold Medicaid program reimbursements |
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owed to the hospital until the hospital complies with the |
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requirement. |
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(d) If the commission determines through the procedures |
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adopted under Subsection (b) that a hospital submitted a report |
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described by Subsection (a)(3) with incomplete or inaccurate |
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information, the commission shall notify the hospital of the |
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specific information the hospital must submit and prescribe a date |
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by which the hospital must provide that information. If the |
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hospital fails to submit the specified information on or before the |
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date prescribed by the commission, the commission shall notify the |
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attorney general of that failure. On receipt of the notice, the |
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attorney general shall impose an administrative penalty on the |
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hospital in an amount not to exceed $10,000. In determining the |
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amount of the penalty to be imposed, the attorney general shall |
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consider: |
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(1) the seriousness of the violation; |
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(2) whether the hospital had previously committed a |
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violation; and |
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(3) the amount necessary to deter the hospital from |
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committing future violations. |
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(m) The commission may require each hospital that is |
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required under 42 C.F.R. Section 455.304 to be audited to pay a fee |
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in an amount equal to the costs incurred in conducting the audit. |
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SECTION 3. As soon as possible after the date the Department |
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of State Health Services requires each hospital in this state to |
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initially submit uncompensated hospital care data under Section |
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531.551(a-1), Government Code, as added by this Act, the executive |
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commissioner of the Health and Human Services Commission shall |
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adopt rules or amendments to existing rules that conform to the |
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requirements of Section 531.551(a), Government Code, as amended by |
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this Act. |
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SECTION 4. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 5. This Act takes effect September 1, 2009. |