By: Kolkhorst  S.B. No. 1621
         (In the Senate - Filed March 6, 2019; March 14, 2019, read
  first time and referred to Committee on Health & Human Services;
  April 1, 2019, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 8, Nays 0; April 1, 2019,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1621 By:  Seliger
 
 
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.
 
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