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A BILL TO BE ENTITLED
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AN ACT
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relating to facilities and services for the care of the elderly or |
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persons with disabilities in certain municipal hospital |
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authorities, hospital districts, or other authorities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 262.034(e), (f), and (g), Health and |
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Safety Code, are amended to read as follows: |
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(e) This section applies only to an authority: |
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(1) that owns or operates a hospital licensed under |
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Chapter 241 and that is located in: |
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(A) [(1)] a county with a population of 225,000 |
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or less; |
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(B) [(2)] those portions of extended |
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municipalities that the federal census bureau has determined to be |
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rural; |
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(C) [(3)] an area that is not delineated as an |
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urbanized area by the federal census bureau; or |
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(D) [(4)] a municipality with a population of |
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less than 12,000 and a county with a population of 2.5 million or |
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more at the time the authority begins operating a facility or |
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providing a service described by Subsection (a); or |
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(2) that owns or operates a facility described by |
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Subsection (a) that participates in the Quality Incentive Payment |
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Program (QIPP) or a successor Medicaid supplemental payment |
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program. |
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(f) This section does not authorize an authority described |
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by Subsection (e)(1) [the authority] to issue revenue bonds or |
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other notes in accordance with this chapter to construct, acquire, |
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own, enlarge, improve, furnish, or equip a facility or service |
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listed in Subsection (a) if a private provider of the facility or |
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service is available and accessible in the service area of the |
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authority. |
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(g) An authority described by Subsection (e)(1)(D) [(e)(4)] |
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may not own or operate more than 50 licensed nursing home beds under |
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this section and is not subject to Subsection (f). |
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SECTION 2. Sections 285.101(a) and (d), Health and Safety |
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Code, are amended to read as follows: |
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(a) This subchapter applies only to a hospital, hospital |
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district, or authority created and operated under Article IX, Texas |
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Constitution, under a special law, or under this title: |
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(1) that is located in: |
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(A) [(1)] a county with a population of 35,000 or |
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less; |
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(B) [(2)] those portions of extended |
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municipalities that the federal census bureau has determined to be |
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rural; or |
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(C) [(3)] an area that is not delineated as an |
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urbanized area by the federal census bureau; or |
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(2) that owns or operates a facility described by |
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Subsection (b) that participates in the Quality Incentive Payment |
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Program (QIPP) or a successor Medicaid supplemental payment |
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program. |
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(d) This section does not authorize a hospital, hospital |
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district, or authority described by Subsection (a)(1) to issue |
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revenue bonds or other notes in accordance with this chapter to |
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construct, acquire, own, enlarge, improve, furnish, or equip a |
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facility or service listed in Subsection (b)(1) if a private |
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provider of the facility or service is available and accessible in |
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the service area of the hospital, hospital district, or authority. |
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SECTION 3. This Act takes effect September 1, 2019. |