By: Capriglione, Rose, Dean, Raney H.B. No. 161
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to making supplemental appropriations relating to health
  and human services and giving direction regarding appropriations.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  DEPARTMENT OF STATE HEALTH SERVICES: COVID-19
  SERVICES. (a) The amount of $2,005,581,271 is appropriated to the
  Department of State Health Services from money received by this
  state from the Coronavirus State Fiscal Recovery Fund (42
  U.S.C. Section 802) established under the American Rescue Plan Act
  of 2021 (Pub. L. No. 117-2) and deposited to the credit of the
  Coronavirus Relief Fund No. 325 for the following purposes related
  to the coronavirus disease pandemic during the period beginning on
  March 3, 2021, and ending December 31, 2021:
               (1)  providing funding for state and local hospital
  surge staffing;
               (2)  purchasing therapeutic drugs, including drugs for
  monoclonal antibody treatments; and
               (3)  providing funding for the operation of regional
  infusion centers.
         (b)  It is the intent of the legislature that any
  reimbursement received by the Department of State Health Services
  from the Federal Emergency Management Agency related to
  expenditures paid from money appropriated under Subsection (a) of
  this section be deposited to the general revenue fund and not
  expended until appropriated by the 88th Legislature.
  Appropriations made under Subsection (a) of this section that
  remain unobligated on January 1, 2022, lapse to the credit of the
  Coronavirus Relief Fund No. 325 and may not expended until
  appropriated by the legislature.
         SECTION 2.  HEALTH AND HUMAN SERVICES COMMISSION: DALLAS
  STATE HOSPITAL. (a) The amount of $237,800,000 is appropriated to
  the Health and Human Services Commission from money received by
  this state from the Coronavirus State Fiscal Recovery Fund (42
  U.S.C. Section 802) established under the American Rescue Plan Act
  of 2021 (Pub. L. No. 117-2) and deposited to the credit of the
  Coronavirus Relief Fund No. 325 for the purpose of completing
  construction of a state hospital in Dallas during the two-year
  period beginning on the effective date of this Act.
         (b)  The capital budget authority of the Health and Human
  Services Commission in Chapter 1053 (S.B. 1), Acts of the 87th
  Legislature, Regular Session, 2021 (the General Appropriations
  Act), is increased by $237,800,000 for the appropriation made under
  Subsection (a) of this section.
         SECTION 3.  HEALTH AND HUMAN SERVICES COMMISSION: STAFFING
  NEEDS. (a) The amount of $300,000,000 is appropriated to the
  Health and Human Services Commission from money received by this
  state from the Coronavirus State Fiscal Recovery Fund (42
  U.S.C. Section 802) established under the American Rescue Plan Act
  of 2021 (Pub. L. No. 117-2) and deposited to the credit of the
  Coronavirus Relief Fund No. 325 for the purpose of providing
  funding during the two-year period beginning on the effective date
  of this Act for the Health and Human Services Commission to
  administer one-time grants related to providing critical staffing
  needs resulting from frontline health care workers affected by
  COVID-19, including providing recruitment and retention bonuses
  for staff:
               (1)  of nursing facilities, assisted living
  facilities, home health agencies, and facilities that serve persons
  with intellectual or developmental disabilities in an intermediate
  care facility for individuals with intellectual disabilities or
  related conditions (ICF/IID);
               (2)  who provide community attendant services; and
               (3)  who provide home and community-based services and
  services through the Texas home living (HCS and TxHML) waiver
  programs.
         (b)  It is the intent of the legislature that the Health and
  Human Services Commission prioritize grants to grantees that comply
  with the reporting requirements prescribed by Rider 143 (Health and
  Human Services Commission), Chapter 1053 (S.B. 1), Acts of the 87th
  Legislature, Regular Session, 2021 (the General Appropriations
  Act), the reporting requirements established by Chapter 588
  (S.B. 809), Acts of the 87th Legislature, 2021, or equivalent
  reporting requirements established by the Health and Human Services
  Commission.
         (c)  Annually, the Health and Human Services Commission
  shall report to the Legislative Budget Board the grants awarded
  under this section. The report must include, for the year covered
  by the report, the amount of grants awarded, the award recipients,
  and the total amount of each grant used by the recipient. The
  report must be submitted to the Legislative Budget Board not later
  than December 1 of the year in which the report is due.
         (d)  Of the amount appropriated under Subsection (a) of this
  section:
               (1)  $150,000,0000 may be used only for grants for
  nursing facilities; and
               (2)  $150,000,0000 may be used only for grants for
  assisted living facilities, home health facilities, community
  attendants, and facilities that serve persons with intellectual or
  developmental disabilities in an intermediate care facility for
  individuals with intellectual disabilities or related conditions
  (ICF/IID), home and community-based services and Texas home living
  (HCS and TxHML) waiver programs.
         SECTION 4.  HEALTH AND HUMAN SERVICES COMMISSION: RURAL
  HOSPITALS. The amount of $75,000,000 is appropriated to the Health
  and Human Services Commission from money received by this state
  from the Coronavirus State Fiscal Recovery Fund (42 U.S.C. Section
  802) established under the American Rescue Plan Act of 2021
  (Pub. L. No. 117-2) and deposited to the credit of the Coronavirus
  Relief Fund No. 325 for the purpose of providing funding for grants
  to support rural hospitals that have been affected by the COVID-19
  pandemic during the two-year period beginning on the effective date
  of this Act.
         SECTION 5.  DEPARTMENT OF STATE HEALTH SERVICES: FEDERALLY
  QUALIFIED HEALTH CENTER INCUBATOR PROGRAM. The amount of
  $20,000,000 is appropriated to the Department of State Health
  Services from money received by this state from the Coronavirus
  State Fiscal Recovery Fund (42 U.S.C. Section 802) established
  under the American Rescue Plan Act of 2021 (Pub. L. No. 117-2) and
  deposited to the credit of the Coronavirus Relief Fund No. 325 for
  use during the two-year period beginning on the effective date of
  this Act for the Federally Qualified Health Center Incubator
  Program.
         SECTION 6.  DEPARTMENT OF STATE HEALTH SERVICES: EMERGENCY
  MEDICAL SERVICES. (a) The amount of $21,700,000 is appropriated to
  the Department of State Health Services from money received by this
  state from the Coronavirus State Fiscal Recovery Fund (42
  U.S.C. Section 802) established under the American Rescue Plan Act
  of 2021 (Pub. L. No. 117-2) and deposited to the credit of the
  Coronavirus Relief Fund No. 325 for the purpose of providing
  funding for emergency medical response service staffing,
  including:
               (1)  funding for programs to incentivize and increase
  the number of Emergency Medical Technicians (EMTs) and paramedics
  that provide care on an ambulance; and
               (2)  funding for Emergency Medical Services (EMS)
  education programs, including distance learning programs, to
  increase the number of EMTs and paramedics graduating from EMS
  education programs.
         (b)  It is the intent of the legislature that, consistent
  with state law, the Department of State Health Services prioritize
  funding appropriated under Subsection (a) of this section for rural
  and underserved areas.
         SECTION 7.  DEPARTMENT OF STATE HEALTH SERVICES AND HEALTH
  AND HUMAN SERVICES COMMISSION: FEDERAL FUNDS FOR HOSPITALS. It is
  the intent of the Legislature that the Department of State Health
  Services and the Health and Human Services Commission, in
  distributing any money received from the Coronavirus State Fiscal
  Recovery Fund (42 U.S.C. Section 802) established under the
  American Rescue Plan Act of 2021 (Pub. L. No. 117-2) and deposited
  to the credit of the Coronavirus Relief Fund No. 325 distribute the
  money appropriated by this Act only to entities that are in
  compliance with the hospital price transparency public disclosure
  requirements required by 45 C.F.R. Sections 180.10 - 180.60 and by
  Chapter 1044 (S.B. 1137), Acts of the 87th Legislature, Regular
  Session, 2021.
         SECTION 8.  LEGISLATIVE INTENT REGARDING APPROPRIATIONS.
  (a) It is the intent of the legislature that the appropriations
  made by this Act are one-time appropriations made for the purpose of
  addressing the needs of this state for the two-year period
  beginning on the effective date of this Act.
         (b)  It is the intent of the legislature that the
  appropriations made by this Act be used only for purposes
  authorized by state and federal law, including guidance issued by
  the United States Department of the Treasury as part of the interim
  final rules published in 86 Fed. Reg. 26786 (May 17, 2021).
         (c)  It is the intent of the legislature that the
  appropriations made by this Act be used before all other methods of
  finance if more than one method of finance has been appropriated by
  this and a prior act of the legislature for use during a state
  fiscal year.
         (d)  It is the intent of the legislature that if the purpose
  of an appropriation, for any reason, is determined by the United
  States Department of the Treasury or any other qualified state or
  federal authority to have been made for an improper use, the
  appropriated money not be spent and instead be retained in the
  treasury and available for later legislative appropriation.
         SECTION 9.  APPROPRIATION AUTHORITY UNDER FEDERAL LAW. The
  appropriations made under Sections 2, 4, 5, and 6 of this Act using
  money received by this state from the Coronavirus State Fiscal
  Recovery Fund (42 U.S.C. Section 802) established under the
  American Rescue Plan Act of 2021 (Pub. L. No. 117-2) are made in
  accordance with 42 U.S.C. Section 802(c)(1)(C), which allows money
  from the Coronavirus State Fiscal Recovery Fund to be used to
  provide government services to the extent of a reduction in the
  revenue of a state government caused by the COVID-19 public health
  emergency relative to revenues collected in the most recent full
  fiscal year of the state government that ended before that
  emergency.
         SECTION 10.  APPLICABILITY OF TRANSFER PROVISIONS OF OTHER
  LAW. The transfer provisions of Part 14, Article IX, Chapter 1053
  (S.B. 1), Acts of the 87th Legislature, Regular Session, 2021 (the
  General Appropriations Act), and the transfer provisions of Section
  65, Chapter 995 (H.B. 2), Acts of the 87th Legislature, Regular
  Session, 2021 (the Supplemental Appropriations Act), apply to the
  appropriations made by this Act to allow appropriate transfer of
  appropriations made by this Act as if the appropriations made by the
  General Appropriations Act, the Supplemental Appropriations Act,
  and this Act were all a part of the same Act, to the extent permitted
  by federal law.
         SECTION 11.  EFFECTIVE DATE. This Act takes effect
  immediately.