By: Hinojosa, et al. S.B. No. 1462
 
  (Lucio III)
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to local health care provider participation programs in
  certain counties and municipalities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 288.155(c), Health and Safety Code, is
  amended to read as follows:
         (c)  Money deposited to the local provider participation
  fund may be used only to:
               (1)  fund intergovernmental transfers from the
  district to the state to provide:
                     (A)  the nonfederal share of a Medicaid
  supplemental payment program authorized under the state Medicaid
  plan, the Texas Healthcare Transformation and Quality Improvement
  Program waiver issued under Section 1115 of the federal Social
  Security Act (42 U.S.C. Section 1315), or a successor waiver
  program authorizing similar Medicaid supplemental payment
  programs; or
                     (B)  payments to Medicaid managed care
  organizations that are dedicated for payment to hospitals;
               (2)  subsidize indigent programs;
               (3)  pay the administrative expenses of the district;
               (4)  refund a portion of a mandatory payment collected
  in error from a paying hospital; [and]
               (5)  refund to paying hospitals the proportionate share
  of the money received by the district from the Health and Human
  Services Commission that is not used to fund the nonfederal share of
  Medicaid supplemental payment program payments; and
               (6)  refund to paying hospitals the proportionate share
  of money that the district determines cannot be used to fund the
  nonfederal share of Medicaid supplemental payment program
  payments.
         SECTION 2.  Section 288.202, Health and Safety Code, is
  amended to read as follows:
         Sec. 288.202.  ASSESSMENT AND COLLECTION OF MANDATORY
  PAYMENTS. The district may collect or contract for the assessment
  and collection of mandatory payments required under this chapter
  [(a)     Except as provided by Subsection (b), the county tax
  assessor-collector shall collect a mandatory payment required
  under this subchapter. The county tax assessor-collector shall
  charge and deduct from mandatory payments collected for the
  district a fee for collecting the mandatory payment in an amount
  determined by the commission, not to exceed the county tax
  assessor-collector's usual and customary charges.
         [(b)     If determined by the commission to be appropriate, the
  commission may contract for the assessment and collection of
  mandatory payments in the manner provided by Title 1, Tax Code, for
  the assessment and collection of ad valorem taxes.
         [(c)     Revenue from a fee charged by a county tax
  assessor-collector for collecting the mandatory payment shall be
  deposited in the county general fund and, if appropriate, shall be
  reported as fees of the county tax assessor-collector].
         SECTION 3.  Section 291.103(c), Health and Safety Code, is
  amended to read as follows:
         (c)  Money deposited to the local provider participation
  fund may be used only to:
               (1)  fund intergovernmental transfers from the county
  to the state to provide:
                     (A)  the nonfederal share of a Medicaid
  supplemental payment program authorized under the state Medicaid
  plan, the Texas Healthcare Transformation and Quality Improvement
  Program waiver issued under Section 1115 of the federal Social
  Security Act (42 U.S.C. Section 1315), or a successor waiver
  program authorizing similar Medicaid supplemental payment
  programs; or
                     (B)  payments to Medicaid managed care
  organizations that are dedicated for payment to hospitals;
               (2)  subsidize indigent programs;
               (3)  pay the administrative expenses of the county
  solely for activities under this chapter;
               (4)  refund a portion of a mandatory payment collected
  in error from a paying hospital; [and]
               (5)  refund to paying hospitals the proportionate share
  of money received by the county from the Health and Human Services
  Commission that is not used to fund the nonfederal share of Medicaid
  supplemental payment program payments; and
               (6)  refund to paying hospitals the proportionate share
  of money that the county determines cannot be used to fund the
  nonfederal share of Medicaid supplemental payment program
  payments.
         SECTION 4.  Section 291.152, Health and Safety Code, is
  amended to read as follows:
         Sec. 291.152.  ASSESSMENT AND COLLECTION OF MANDATORY
  PAYMENTS. The county may collect or contract for the assessment and
  collection of mandatory payments authorized under this chapter
  [(a)     Except as provided by Subsection (b), the county tax
  assessor-collector shall collect the mandatory payment authorized
  under this chapter. The county tax assessor-collector shall charge
  and deduct from mandatory payments collected for the county a fee
  for collecting the mandatory payment in an amount determined by the
  commissioners court of the county, not to exceed the county tax
  assessor-collector's usual and customary charges.
         [(b)     If determined by the commissioners court to be
  appropriate, the commissioners court may contract for the
  assessment and collection of mandatory payments in the manner
  provided by Title 1, Tax Code, for the assessment and collection of
  ad valorem taxes.
         [(c)     Revenue from a fee charged by a county tax
  assessor-collector for collecting the mandatory payment shall be
  deposited in the county general fund and, if appropriate, shall be
  reported as fees of the county tax assessor-collector].
         SECTION 5.  Section 292.103(c), Health and Safety Code, is
  amended to read as follows:
         (c)  Money deposited to the local provider participation
  fund may be used only to:
               (1)  fund intergovernmental transfers from the county
  to the state to provide:
                     (A)  the nonfederal share of a Medicaid
  supplemental payment program authorized under the state Medicaid
  plan, the Texas Healthcare Transformation and Quality Improvement
  Program waiver issued under Section 1115 of the federal Social
  Security Act (42 U.S.C. Section 1315), or a successor waiver
  program authorizing similar Medicaid supplemental payment
  programs; or
                     (B)  payments to Medicaid managed care
  organizations that are dedicated for payment to hospitals;
               (2)  subsidize indigent programs;
               (3)  pay the administrative expenses of the county
  solely for activities under this chapter;
               (4)  refund a portion of a mandatory payment collected
  in error from a paying hospital; [and]
               (5)  refund to paying hospitals the proportionate share
  of money received by the county from the Health and Human Services
  Commission that is not used to fund the nonfederal share of Medicaid
  supplemental payment program payments; and
               (6)  refund to paying hospitals the proportionate share
  of money that the county determines cannot be used to fund the
  nonfederal share of Medicaid supplemental payment program
  payments.
         SECTION 6.  Section 292.152, Health and Safety Code, is
  amended to read as follows:
         Sec. 292.152.  ASSESSMENT AND COLLECTION OF MANDATORY
  PAYMENTS. The county may collect or contract for the assessment and
  collection of mandatory payments authorized under this chapter
  [(a)     Except as provided by Subsection (b), the county tax
  assessor-collector shall collect the mandatory payment authorized
  under this chapter. The county tax assessor-collector shall charge
  and deduct from mandatory payments collected for the county a fee
  for collecting the mandatory payment in an amount determined by the
  commissioners court of the county, not to exceed the county tax
  assessor-collector's usual and customary charges.
         [(b)     If determined by the commissioners court to be
  appropriate, the commissioners court may contract for the
  assessment and collection of mandatory payments in the manner
  provided by Title 1, Tax Code, for the assessment and collection of
  ad valorem taxes.
         [(c)     Revenue from a fee charged by a county tax
  assessor-collector for collecting the mandatory payment shall be
  deposited in the county general fund and, if appropriate, shall be
  reported as fees of the county tax assessor-collector].
         SECTION 7.  Section 293.001(1), Health and Safety Code, is
  amended to read as follows:
               (1)  "Institutional health care provider" means a
  nonpublic hospital that provides inpatient hospital services
  [licensed under Chapter 241].
         SECTION 8.  Section 293.103(c), Health and Safety Code, is
  amended to read as follows:
         (c)  Money deposited to the local provider participation
  fund may be used only to:
               (1)  fund intergovernmental transfers from the county
  to the state to provide:
                     (A)  the nonfederal share of a Medicaid
  supplemental payment program authorized under the state Medicaid
  plan, the Texas Healthcare Transformation and Quality Improvement
  Program waiver issued under Section 1115 of the federal Social
  Security Act (42 U.S.C. Section 1315), or a successor waiver
  program authorizing similar Medicaid supplemental payment
  programs; or
                     (B)  payments to Medicaid managed care
  organizations that are dedicated for payment to hospitals;
               (2)  subsidize indigent programs;
               (3)  pay the administrative expenses of the county
  solely for activities under this chapter;
               (4)  refund a portion of a mandatory payment collected
  in error from a paying hospital; [and]
               (5)  refund to paying hospitals the proportionate share
  of money received by the county from the Health and Human Services
  Commission that is not used to fund the nonfederal share of Medicaid
  supplemental payment program payments; and
               (6)  refund to paying hospitals the proportionate share
  of money that the county determines cannot be used to fund the
  nonfederal share of Medicaid supplemental payment program
  payments.
         SECTION 9.  Section 293.152, Health and Safety Code, is
  amended to read as follows:
         Sec. 293.152.  ASSESSMENT AND COLLECTION OF MANDATORY
  PAYMENTS. The county may collect or contract for the assessment and
  collection of mandatory payments authorized under this chapter 
  [(a)     Except as provided by Subsection (b), the county tax
  assessor-collector shall collect the mandatory payment authorized
  under this chapter. The county tax assessor-collector shall charge
  and deduct from mandatory payments collected for the county a fee
  for collecting the mandatory payment in an amount determined by the
  commissioners court of the county, not to exceed the county tax
  assessor-collector's usual and customary charges.
         [(b)     If determined by the commissioners court to be
  appropriate, the commissioners court may contract for the
  assessment and collection of mandatory payments in the manner
  provided by Title 1, Tax Code, for the assessment and collection of
  ad valorem taxes.
         [(c)     Revenue from a fee charged by a county tax
  assessor-collector for collecting the mandatory payment shall be
  deposited in the county general fund and, if appropriate, shall be
  reported as fees of the county tax assessor-collector].
         SECTION 10.  Section 294.001(1), Health and Safety Code, is
  amended to read as follows:
               (1)  "Institutional health care provider" means a
  nonpublic hospital that provides inpatient hospital services
  [licensed under Chapter 241].
         SECTION 11.  Section 294.103(c), Health and Safety Code, is
  amended to read as follows:
         (c)  Money deposited to the local provider participation
  fund may be used only to:
               (1)  fund intergovernmental transfers from the county
  to the state to provide:
                     (A)  the nonfederal share of a Medicaid
  supplemental payment program authorized under the state Medicaid
  plan, the Texas Healthcare Transformation and Quality Improvement
  Program waiver issued under Section 1115 of the federal Social
  Security Act (42 U.S.C. Section 1315), or a successor waiver
  program authorizing similar Medicaid supplemental payment
  programs; or
                     (B)  payments to Medicaid managed care
  organizations that are dedicated for payment to hospitals;
               (2)  subsidize indigent programs;
               (3)  pay the administrative expenses of the county
  solely for activities under this chapter;
               (4)  refund a portion of a mandatory payment collected
  in error from a paying hospital; [and]
               (5)  refund to paying hospitals the proportionate share
  of money received by the county from the Health and Human Services
  Commission that is not used to fund the nonfederal share of Medicaid
  supplemental payment program payments; and
               (6)  refund to paying hospitals the proportionate share
  of money that the county determines cannot be used to fund the
  nonfederal share of Medicaid supplemental payment program
  payments.
         SECTION 12.  Section 294.152, Health and Safety Code, is
  amended to read as follows:
         Sec. 294.152.  ASSESSMENT AND COLLECTION OF MANDATORY
  PAYMENTS. The county may collect or contract for the assessment and
  collection of mandatory payments authorized under this chapter
  [(a)     Except as provided by Subsection (b), the county tax
  assessor-collector shall collect the mandatory payment authorized
  under this chapter. The county tax assessor-collector shall charge
  and deduct from mandatory payments collected for the county a fee
  for collecting the mandatory payment in an amount determined by the
  commissioners court of the county, not to exceed the county tax
  assessor-collector's usual and customary charges.
         [(b)     If determined by the commissioners court to be
  appropriate, the commissioners court may contract for the
  assessment and collection of mandatory payments in the manner
  provided by Title 1, Tax Code, for the assessment and collection of
  ad valorem taxes.
         [(c)     Revenue from a fee charged by a county tax
  assessor-collector for collecting the mandatory payment shall be
  deposited in the county general fund and, if appropriate, shall be
  reported as fees of the county tax assessor-collector].
         SECTION 13.  Section 295.103(c), Health and Safety Code, is
  amended to read as follows:
         (c)  Money deposited to the local provider participation
  fund may be used only to:
               (1)  fund intergovernmental transfers from the
  municipality to the state to provide:
                     (A)  the nonfederal share of a Medicaid
  supplemental payment program authorized under the state Medicaid
  plan, the Texas Healthcare Transformation and Quality Improvement
  Program waiver issued under Section 1115 of the federal Social
  Security Act (42 U.S.C. Section 1315), or a successor waiver
  program authorizing similar Medicaid supplemental payment
  programs; or
                     (B)  payments to Medicaid managed care
  organizations that are dedicated for payment to hospitals;
               (2)  subsidize indigent programs;
               (3)  pay the administrative expenses of the
  municipality solely for activities under this chapter;
               (4)  refund a portion of a mandatory payment collected
  in error from a paying hospital; [and]
               (5)  refund to paying hospitals the proportionate share
  of money received by the municipality from the Health and Human
  Services Commission that is not used to fund the nonfederal share of
  Medicaid supplemental payment program payments; and
               (6)  refund to paying hospitals the proportionate share
  of money that the governing body of the municipality determines
  cannot be used to fund the nonfederal share of Medicaid
  supplemental payment program payments.
         SECTION 14.  Section 295.152, Health and Safety Code, is
  amended to read as follows:
         Sec. 295.152.  ASSESSMENT AND COLLECTION OF MANDATORY
  PAYMENTS. The municipality may collect or contract for the
  assessment and collection of mandatory payments authorized under
  this chapter [(a)     Except as provided by Subsection (b), the
  municipal tax assessor-collector shall collect the mandatory
  payment authorized under this chapter. The municipal tax
  assessor-collector shall charge and deduct from mandatory payments
  collected for the municipality a fee for collecting the mandatory
  payment in an amount determined by the governing body of the
  municipality, not to exceed the municipal tax assessor-collector's
  usual and customary charges.
         [(b)     If determined by the governing body to be appropriate,
  the governing body may contract for the assessment and collection
  of mandatory payments in the manner provided by Title 1, Tax Code,
  for the assessment and collection of ad valorem taxes.
         [(c)     Revenue from a fee charged by a municipal tax
  assessor-collector for collecting the mandatory payment shall be
  deposited in the municipal general fund and, if appropriate, shall
  be reported as fees of the municipal tax assessor-collector].
         SECTION 15.  Section 296.103(c), Health and Safety Code, is
  amended to read as follows:
         (c)  Money deposited to the local provider participation
  fund may be used only to:
               (1)  fund intergovernmental transfers from the county
  to the state to provide:
                     (A)  the nonfederal share of a Medicaid
  supplemental payment program authorized under the state Medicaid
  plan, the Texas Healthcare Transformation and Quality Improvement
  Program waiver issued under Section 1115 of the federal Social
  Security Act (42 U.S.C. Section 1315), or a successor waiver
  program authorizing similar Medicaid supplemental payment
  programs; or
                     (B)  payments to Medicaid managed care
  organizations that are dedicated for payment to hospitals;
               (2)  subsidize indigent programs;
               (3)  pay the administrative expenses of the county
  solely for activities under this chapter;
               (4)  refund a portion of a mandatory payment collected
  in error from a paying hospital; [and]
               (5)  refund to paying hospitals the proportionate share
  of money received by the county from the Health and Human Services
  Commission that is not used to fund the nonfederal share of Medicaid
  supplemental payment program payments; and
               (6)  refund to paying hospitals the proportionate share
  of money that the county determines cannot be used to fund the
  nonfederal share of Medicaid supplemental payment program
  payments.
         SECTION 16.  Section 296.152, Health and Safety Code, is
  amended to read as follows:
         Sec. 296.152.  ASSESSMENT AND COLLECTION OF MANDATORY
  PAYMENTS. The county may collect or contract for the assessment and
  collection of mandatory payments authorized under this chapter
  [(a)     Except as provided by Subsection (b), the county tax
  assessor-collector shall collect the mandatory payment authorized
  under this chapter. The county tax assessor-collector shall charge
  and deduct from mandatory payments collected for the county a fee
  for collecting the mandatory payment in an amount determined by the
  commissioners court of the county, not to exceed the county tax
  assessor-collector's usual and customary charges.
         [(b)     If determined by the commissioners court to be
  appropriate, the commissioners court may contract for the
  assessment and collection of mandatory payments in the manner
  provided by Title 1, Tax Code, for the assessment and collection of
  ad valorem taxes.
         [(c)     Revenue from a fee charged by a county tax
  assessor-collector for collecting the mandatory payment shall be
  deposited in the county general fund and, if appropriate, shall be
  reported as fees of the county tax assessor-collector].
         SECTION 17.  Section 297.001(1), Health and Safety Code, is
  amended to read as follows:
               (1)  "Institutional health care provider" means a
  nonpublic hospital that provides inpatient hospital services
  [licensed under Chapter 241].
         SECTION 18.  Section 297.103(c), Health and Safety Code, is
  amended to read as follows:
         (c)  Money deposited to the local provider participation
  fund may be used only to:
               (1)  fund intergovernmental transfers from the county
  to the state to provide:
                     (A)  the nonfederal share of a Medicaid
  supplemental payment program authorized under the state Medicaid
  plan, the Texas Healthcare Transformation and Quality Improvement
  Program waiver issued under Section 1115 of the federal Social
  Security Act (42 U.S.C. Section 1315), or a successor waiver
  program authorizing similar Medicaid supplemental payment
  programs; or
                     (B)  payments to Medicaid managed care
  organizations that are dedicated for payment to hospitals;
               (2)  subsidize indigent programs;
               (3)  pay the administrative expenses of the county
  solely for activities under this chapter;
               (4)  refund a portion of a mandatory payment collected
  in error from a paying hospital; [and]
               (5)  refund to paying hospitals the proportionate share
  of money received by the county from the Health and Human Services
  Commission that is not used to fund the nonfederal share of Medicaid
  supplemental payment program payments; and
               (6)  refund to paying hospitals the proportionate share
  of money that the county determines cannot be used to fund the
  nonfederal share of Medicaid supplemental payment program
  payments.
         SECTION 19.  Section 297.152, Health and Safety Code, is
  amended to read as follows:
         Sec. 297.152.  ASSESSMENT AND COLLECTION OF MANDATORY
  PAYMENTS. The county may collect or contract for the assessment and
  collection of mandatory payments authorized under this chapter
  [(a)     Except as provided by Subsection (b), the county tax
  assessor-collector shall collect the mandatory payment authorized
  under this chapter. The county tax assessor-collector shall charge
  and deduct from mandatory payments collected for the county a fee
  for collecting the mandatory payment in an amount determined by the
  commissioners court of the county, not to exceed the county tax
  assessor-collector's usual and customary charges.
         [(b)     If determined by the commissioners court to be
  appropriate, the commissioners court may contract for the
  assessment and collection of mandatory payments in the manner
  provided by Title 1, Tax Code, for the assessment and collection of
  ad valorem taxes.
         [(c)     Revenue from a fee charged by a county tax
  assessor-collector for collecting the mandatory payment shall be
  deposited in the county general fund and, if appropriate, shall be
  reported as fees of the county tax assessor-collector].
         SECTION 20.  This Act takes effect immediately if it
  receives a vote of two-thirds of all the members elected to each
  house, as provided by Section 39, Article III, Texas Constitution.  
  If this Act does not receive the vote necessary for immediate
  effect, this Act takes effect September 1, 2017.