By: Kolkhorst, et al.  S.B. No. 809
         (In the Senate - Filed February 25, 2021; March 11, 2021,
  read first time and referred to Committee on Health & Human
  Services; March 29, 2021, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 8, Nays 0;
  March 29, 2021, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 809 By:  Blanco
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to health care institution reporting of federal money
  received for the coronavirus disease public health emergency.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle D, Title 2, Health and Safety Code, is
  amended by adding Chapter 81A to read as follows:
  CHAPTER 81A. CORONAVIRUS DISEASE PUBLIC HEALTH EMERGENCY REPORTING
         Sec. 81A.001.  DEFINITIONS. In this chapter:
               (1)  "Coronavirus disease public health emergency"
  means the period:
                     (A)  beginning on the date the public health
  emergency declared by the United States secretary of health and
  human services under Section 319, Public Health Service Act (42
  U.S.C. Section 247d), on January 31, 2020, with respect to the
  coronavirus disease (COVID-19) took effect; and
                     (B)  ending on the earlier of:
                           (i)  the date the public health emergency
  described by Paragraph (A) of this subdivision ends; or
                           (ii)  January 1, 2023.
               (2)  "Health care institution" has the meaning assigned
  by Section 74.001, Civil Practice and Remedies Code.
         Sec. 81A.002.  HEALTH CARE INSTITUTION REPORT. (a)  Except
  as provided by Subsection (b), and subject to Subsection (d), a
  health care institution that receives federal money for assisting
  health care institutions during the coronavirus disease public
  health emergency, including money received under the Coronavirus
  Aid, Relief, and Economic Security Act (15 U.S.C. Section 9001 et
  seq.), the Consolidated Appropriations Act, 2021 (Pub. L.
  No. 116-260), and the American Rescue Plan Act of 2021 (Pub. L.
  No. 117-2), shall report the money received to the commission on a
  monthly basis.  A health care institution's initial report to the
  commission must include all federal money received by the
  institution during the period beginning January 31, 2020, and
  ending August 31, 2021.
         (b)  A health care institution is not required to report
  federal money received as a loan during the coronavirus disease
  public health emergency from the United States Small Business
  Administration as part of a paycheck protection program.
         (c)  Each quarter, the commission shall compile the
  information described by Subsection (a) into a written report
  provided to:
               (1)  the governor, lieutenant governor, and speaker of
  the house of representatives; 
               (2)  the Legislative Budget Board; and 
               (3)  the standing committees of the legislature with
  primary jurisdiction over state finance and public health.
         (d)  The commission shall establish procedures for health
  care institutions to report the information required under
  Subsection (a). In establishing the procedures, the commission
  shall to the extent practicable:
               (1)  minimize duplication of reporting by institutions
  to the commission; and
               (2)  avoid requiring institutions to report
  information that is duplicative of information that institutions
  are required to report to the federal government.
         Sec. 81A.003.  DISCIPLINARY ACTION BY LICENSING AUTHORITY.
  The appropriate licensing authority may take disciplinary action
  against a health care institution that violates this chapter as if
  the institution violated an applicable licensing law.
         Sec. 81A.004.  EXPIRATION. This chapter expires September
  1, 2023.
         SECTION 2.  This Act takes effect September 1, 2021.
 
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