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