By: Eiland H.B. No. 1656

A BILL TO BE ENTITLED

AN ACT

relating to funding for emergency medical air transportation provided to patients enrolled in the state Medicaid program; imposing a surcharge.

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

SECTION 1. Chapter 773, Health and Safety Code, is Amended by adding Subchapter I to read as follows:

SUBCHAPTER I. EMERGENCY MEDICAL AIR TRANSPORTATION FUNDING

Sec. 773.251. EMERGENCY MEDICAL AIR TRANSPORTATION ACCOUNT. (a) The emergency medical air transportation account is established as a dedicated account in the general revenue fund. The account is composed of:

(1) money deposited to the credit of the account derived from court costs imposed under Article 102.021, Code of Criminal Procedure; and

(2) interest earned on the investment of money in the account and depository interest allocable to the account.

(b) Money in the emergency medical air transportation account may be appropriated only to the Health and Human Services Commission to provide reimbursements under the medical assistance program under Chapter 32, Human Resources Code, to providers of emergency medical air transportation services, regardless of whether federal Medicaid Matching funds are available for that medical assistance.

(c) The emergency medical air transportation account is exempt from the application of Section 403.095. Interest earned on money in the account shall be credited to the account.

Sec. 773.252. RULES. (a) The executive commissioner shall adopt rules to implement this subchapter.

(b) In adopting rules under this section, the executive commissioner shall consult and collaborate with emergency medical air transportation providers in this state to determine the appropriate methodology to distribute money in the emergency medical air transportation account to those entities.

Sec. 773.253. FEDERAL FUNDING AND WAIVERS. (a) The executive commissioner shall take all necessary actions to receive the greatest amount of federal financial participation for the payments under this subchapter, including using the money in the emergency medical air transportation account paid to emergency medical air transportation service providers through the medical assistance program under Chapter 32, Human Resources Code, to obtain additional federal matching funds.

(b) The executive commissioner shall seek any federal approvals or waivers necessary to implement this subchapter, including by submitting any necessary Medicaid state plan amendments, but may not delay implementation of this subchapter because an approval or waiver has not been granted.

SECTION 2. Subchapter A, Chapter 102, Code of Criminal Procedure, is amended by adding Article 102.021 to read as follows:

Art. 102.021. COSTS ON CONVICTION TO FUND EMERGENCY MEDICAL AIR TRANSPORTATION SERVICES. (a) In this article, "moving violation" means an offense that:

(1) involves the operation of a motor vehicle; and

(2) is classified as a moving violation by the Department of Public Safety under Section 708.052, Transportation Code.

(b) A defendant convicted of a moving violation in a justice court, county court, county court at law, or municipal court shall pay a $5 surcharge as a cost of court.

(c) In this article, a person is considered convicted if:

(1) a sentence is imposed on the person;

(2) the person receives community supervision, including deferred adjudication; or

(3) the court defers final disposition of the person's case.

(d) The clerks of the respective courts shall collect the costs described by this article. The clerk shall keep separate records of the funds collected as costs under this article and shall deposit the funds in the county or municipal treasury, as appropriate.

(e) The custodian of a county or municipal treasury shall:

(1) keep records of the amount of funds on deposit collected under this article; and

(2) send to the comptroller before the last day of the first month following each calendar quarter the funds collected under this article during the preceding quarter.

(f) If no funds due as costs under this article are deposited in a county or municipal treasury in a calendar quarter, the custodian of the treasury shall file the report required for quarter in the regular manner and must state that no funds were collected.

(g) The comptroller shall deposit the funds received under this article to the credit of the emergency medical air transportation account under Section 773.251, Health and Safety Code.

SECTION 3. Subchapter D, Chapter 102, Government Code, is amended by adding Section 102.0611 to read as follows:

Sec. 102.0611. EMERGENCY MEDICAL AIR TRANSPORTATION ACCOUNT SURCHARGE ON CONVICTION IN STATUTORY COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a statutory county court shall collect from a defendant an emergency medical air transportation account surcharge of $5 under Article 102.021, Code of Criminal Procedure, on conviction of a moving violation.

SECTION 4. Subchapter E, Chapter 102, Government Code, is amended by adding Section 102.0811 to read as follows:

Sec. 102.0811. EMERGENCY MEDICAL AIR TRANSPORTATION ACCOUNT SURCHARGE ON CONVICTION IN COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a county court shall collect from a defendant an emergency medical air transportation account surcharge of $5 under Article 102.021, Code of Criminal Procedure, on conviction of a moving violation.

SECTION 5. Subchapter F, Chapter 102, Government Code, is amended by adding Section 102.1011 to read as follows:

Sec. 102.1011. EMERGENCY MEDICAL AIR TRANSPORTATION ACCOUNT SURCHARGE ON CONVICTION IN JUSTICE COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a justice court shall collect from a defendant an emergency medical air transportation account surcharge of $5 under Article 102.021, Code of Criminal Procedure, on conviction of a moving violation.

SECTION 6. Subchapter G, Chapter 102, Government Code, is amended by adding Section 102.1211 to read as follows:

Sec. 102.1211. EMERGENCY MEDICAL AIR TRANSPORTATION ACCOUNT SURCHARGE ON CONVICTION IN MUNICIPAL COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a municipal court shall collect from a defendant an emergency medical air transportation account surcharge of $5 under Article 102.021, Code of Criminal Procedure, on conviction of a moving violation.

SECTION 7. Not later than January 1, 2014, the Executive commissioner of the Health and Human Services Commission shall adopt the initial rules under Section 773.252, Health and Safety Code, as added by this Act.

SECTION 8. The imposition of a cost of court under Article 102.021, Code of Criminal Procedure, as added by this Act, applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense was committed before that date.

SECTION 9. This Act takes effect September 1, 2013.