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A BILL TO BE ENTITLED
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AN ACT
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relating to the continuation and operations of a health care |
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provider participation program by the El Paso County Hospital |
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District. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 298G.001, Health and Safety Code, is |
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amended by adding Subdivision (6) to read as follows: |
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(6) "Qualifying assessment basis" means any basis |
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consistent with 42 U.S.C. Section 1396b(w) on which the board |
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requires mandatory payments to be assessed under this chapter. |
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SECTION 2. Section 298G.004, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 298G.004. EXPIRATION. (a) Subject to Section |
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298G.153(d), the authority of the district to administer and |
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operate a program under this chapter expires December 31, 2027 |
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[2023]. |
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(b) This chapter expires December 31, 2027 [2023]. |
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SECTION 3. Section 298G.053, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 298G.053. INSTITUTIONAL HEALTH CARE PROVIDER |
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REPORTING. If the board authorizes the district to participate in a |
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program under this chapter, the board may [shall] require each |
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institutional health care provider to submit to the district a copy |
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of any financial and utilization data reported in: |
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(1) the provider's Medicare cost report [submitted] |
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for the most recent [previous fiscal year or for the closest |
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subsequent] fiscal year for which the provider submitted the |
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Medicare cost report; or |
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(2) a report other than the report described by |
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Subdivision (1) that the board considers reliable and is submitted |
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by or to the provider for the most recent fiscal year. |
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SECTION 4. Section 298G.103(c), Health and Safety Code, is |
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amended to read as follows: |
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(c) Money deposited to the local provider participation |
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fund of the district may be used only to: |
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(1) fund intergovernmental transfers from the |
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district to the state to provide the nonfederal share of: |
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(A) any payment to nonpublic hospitals, if those |
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payments are authorized under the Texas Healthcare Transformation |
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and Quality Improvement Program waiver issued under Section 1115 of |
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the federal Social Security Act (42 U.S.C. Section 1315); or |
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(B) Medicaid payments for: |
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(i) uniform rate enhancements for nonpublic |
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hospitals in the Medicaid managed care service area in which the |
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district is located; |
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(ii) payments available under another |
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waiver program authorizing payments that are substantially similar |
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to Medicaid payments described by Paragraph (A) or Subparagraph (i) |
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to nonpublic hospitals or any payments to Medicaid managed care |
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organizations for the benefit of nonpublic hospitals; or |
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(iii) any reimbursement to nonpublic |
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hospitals located in the district for which federal matching funds |
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are available; |
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(2) subject to Section 298G.151(d), pay the |
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administrative expenses of the district in administering the |
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program, including collateralization of deposits; |
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(3) refund a mandatory payment collected in error from |
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a paying provider; |
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(4) refund to a paying provider, in an amount that is |
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proportionate to the mandatory payments made under this chapter by |
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the provider during the 12 months preceding the date of the refund, |
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[providers a proportionate share of] the money that the district: |
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(A) receives from the Health and Human Services |
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Commission that is not used to fund the nonfederal share of Medicaid |
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payments; or |
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(B) determines cannot be used to fund the |
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nonfederal share of Medicaid supplemental payment program |
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payments; and |
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(5) transfer funds to the Health and Human Services |
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Commission if the district is legally required to transfer the |
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funds to address a disallowance of federal matching funds with |
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respect to programs for which the district made intergovernmental |
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transfers described by Subdivision (1). |
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SECTION 5. The heading to Section 298G.151, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 298G.151. MANDATORY PAYMENTS [BASED ON PAYING PROVIDER |
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NET PATIENT REVENUE]. |
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SECTION 6. Section 298G.151, Health and Safety Code, is |
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amended by amending Subsections (a), (b), and (c) and adding |
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Subsections (a-1) and (a-2) to read as follows: |
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(a) If the board authorizes a health care provider |
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participation program under this chapter, the board may require a |
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mandatory payment to be assessed against each institutional |
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provider located in the district, either annually or periodically |
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throughout the year at the discretion of the board, on a qualifying |
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assessment basis [the net patient revenue of each institutional |
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health care provider located in the district]. The qualifying |
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assessment basis must be the same for each institutional health |
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care provider in the district. The board shall provide an |
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institutional health care provider written notice of each |
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assessment under this section [subsection], and the provider has 30 |
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calendar days following the date of receipt of the notice to make |
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the assessed mandatory payment. |
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(a-1) Except as otherwise provided by this subsection, the |
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qualifying assessment basis must be determined by the board using |
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information contained in an institutional health care provider's |
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Medicare cost report for the most recent fiscal year for which the |
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provider submitted the report. If the provider is not required to |
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submit a Medicare cost report, or if the Medicare cost report |
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submitted by the provider does not contain information necessary to |
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determine the qualifying assessment basis, the qualifying |
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assessment basis may be determined by the board using information |
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contained in another report the board considers reliable that is |
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submitted by or to the provider for the most recent fiscal year. To |
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the extent practicable, the board shall use the same type of report |
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to determine the qualifying assessment basis for each paying |
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provider in the district. |
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(a-2) [In the first year in which the mandatory payment is |
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required, the mandatory payment is assessed on the net patient |
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revenue of an institutional health care provider, as determined by |
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the provider's Medicare cost report submitted for the previous |
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fiscal year or for the closest subsequent fiscal year for which the |
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provider submitted the Medicare cost report.] If a [the] mandatory |
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payment is required, the district shall periodically update the |
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amount of the mandatory payment [on an annual basis]. |
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(b) The amount of a mandatory payment authorized under this |
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chapter must be determined in a manner that ensures [uniformly |
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proportionate with] the [amount of net patient] revenue generated |
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qualifies for federal matching funds [by each paying provider in |
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the district as permitted] under federal law, consistent with [. A |
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health care provider participation program authorized under this |
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chapter may not hold harmless any paying provider, as required |
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under] 42 U.S.C. Section 1396b(w). |
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(c) If the board requires a mandatory payment authorized |
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under this chapter, the board shall set the amount of the mandatory |
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payment, subject to the limitations of this chapter. The aggregate |
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amount of the mandatory payments required of all paying providers |
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in the district may not exceed six percent of the aggregate net |
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patient revenue from hospital services provided [by all paying |
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providers] in the district. |
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SECTION 7. Subchapter D, Chapter 298G, Health and Safety |
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Code, is amended by adding Section 298G.154 to read as follows: |
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Sec. 298G.154. INTEREST AND PENALTIES. The district may |
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impose and collect interest and penalties on delinquent mandatory |
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payments assessed under this chapter in any amount that does not |
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exceed the maximum amount authorized for other delinquent payments |
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owed to the district. |
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SECTION 8. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |