| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to creating a license for certain rural medical |
|
|
facilities; requiring a license; authorizing fees. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 241, Health and Safety Code, is amended |
|
|
by adding Subchapter K to read as follows: |
|
|
SUBCHAPTER K. LIMITED SERVICES RURAL HOSPITAL |
|
|
Sec. 241.301. DEFINITION. In this subchapter, "limited |
|
|
services rural hospital" means a general or special hospital that |
|
|
is or was licensed under this chapter and that: |
|
|
(1) is: |
|
|
(A) located in a rural area, as defined by: |
|
|
(i) commission rule; or |
|
|
(ii) 42 U.S.C. Section 1395ww(d)(2)(D); or |
|
|
(B) designated by the Centers for Medicare and |
|
|
Medicaid Services as a critical access hospital, rural referral |
|
|
center, or sole community hospital; and |
|
|
(2) otherwise meets the requirements to be designated |
|
|
as a limited services rural hospital or a similarly designated |
|
|
hospital under federal law for purposes of a payment program |
|
|
described by Section 241.302(a)(1). |
|
|
Sec. 241.302. LICENSE REQUIRED. (a) A person may not |
|
|
establish, conduct, or maintain a limited services rural hospital |
|
|
unless: |
|
|
(1) the United States Congress passes a bill creating |
|
|
a payment program specifically for limited services rural hospitals |
|
|
or similarly designated hospitals that becomes law; and |
|
|
(2) the commission issues a license to the person to |
|
|
establish, conduct, or maintain a limited services rural hospital |
|
|
under this subchapter. |
|
|
(b) If the United States Congress enacts a bill described by |
|
|
Subsection (a)(1) that becomes law, the executive commissioner |
|
|
shall adopt rules: |
|
|
(1) establishing minimum standards for the |
|
|
facilities; and |
|
|
(2) implementing this section. |
|
|
(c) The standards adopted under Subsection (b) must be at |
|
|
least as stringent as the standards established in the law |
|
|
described by Subsection (a) for eligibility to qualify for a |
|
|
payment program established by the law. |
|
|
(d) An applicant for a license under this section must: |
|
|
(1) submit an application for the license to the |
|
|
commission in a form and manner prescribed by the commission; and |
|
|
(2) pay any required fee. |
|
|
(e) The commission shall issue a license to act as a limited |
|
|
services rural hospital under this subchapter if the applicant |
|
|
complies with the rules and standards adopted under this section. |
|
|
(f) The commission by order may waive or modify the |
|
|
requirement of a particular provision of this chapter or a standard |
|
|
adopted under this section if the commission determines that the |
|
|
waiver or modification will facilitate the creation or operation of |
|
|
the facility and that the waiver or modification is in the best |
|
|
interests of the individuals served or to be served by the facility. |
|
|
Sections 241.026(d) and (e) apply to a waiver or modification under |
|
|
this section for a limited services rural hospital in the same |
|
|
manner as the subsections apply to a waiver or modification for a |
|
|
hospital. |
|
|
(g) A provision of this chapter related to the enforcement |
|
|
authority of the commission applies to a limited services rural |
|
|
hospital. |
|
|
Sec. 241.303. LICENSING FEE. (a) The executive |
|
|
commissioner by rule shall establish and the commission shall |
|
|
collect a fee for issuing and renewing a license under this |
|
|
subchapter that is in an amount reasonable and necessary to cover |
|
|
the costs of administering and enforcing this subchapter. |
|
|
(b) All fees collected under this section shall be deposited |
|
|
in the state treasury to the credit of the commission to administer |
|
|
and enforce this subchapter. |
|
|
SECTION 2. This Act takes effect September 1, 2019. |