82R2244 NAJ-F

By: Gonzales of Hidalgo H.B. No. 392

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.