82R2244 NAJ-F
 
  By: Gonzales of Hidalgo, Schwertner, H.B. No. 392
      Deshotel, Brown, et al.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to a county's eligibility to receive state assistance for
 
  health care expenditures that exceed eight percent of the county's
 
  general revenue levy for the year.
         
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         
         SECTION 1.  Section 61.037, Health and Safety Code, is
 
  amended by adding Subsection (b-1) to read as follows:
         
         (b-1)  A county may include as part of the county's eight
 
  percent expenditure level calculated under Subsection (b)(1) any
 
  payment made by the county for health care services provided
 
  through Medicaid, including the county's direct reimbursement to
 
  health care providers and indirect reimbursement through transfers
 
  of funds to the state for health care services provided through
 
  Medicaid.
         
         SECTION 2.  Section 61.038, Health and Safety Code, is
 
  amended to read as follows:
         
         Sec. 61.038.  DISTRIBUTION OF ASSISTANCE FUNDS.  (a)  If the
 
  department determines that a county is eligible for assistance, the
 
  department shall distribute funds appropriated to the department
 
  from the indigent health care assistance fund or any other
 
  available fund to the county to assist the county in providing:
               
               (1)  health care services under Sections 61.028 and
 
  61.0285 to its eligible county residents who qualify for assistance
 
  as described by Section 61.037; or
               
               (2)  health care services provided through Medicaid as
 
  described by Section 61.037(b-1).
         
         (b)  State funds provided under this section to a county must
 
  be equal to at least 90 percent of the actual payment for the health
 
  care services for the county's eligible residents, including any
 
  payments made by the county for health care services provided
 
  through Medicaid as described by Section 61.037(b-1), during the
 
  remainder of the state fiscal year after the eight percent
 
  expenditure level is reached.
         
         SECTION 3.  This Act takes effect September 1, 2011.