88R6128 MPF-F
 
  By: Blanco S.B. No. 849
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the continuation and operations of a health care
  provider participation program by the El Paso County Hospital
  District.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 298G.001, Health and Safety Code, is
  amended by adding Subdivision (6) to read as follows:
               (6)  "Qualifying assessment basis" means any basis
  consistent with 42 U.S.C. Section 1396b(w) on which the board
  requires mandatory payments to be assessed under this chapter.
         SECTION 2.  Section 298G.004, Health and Safety Code, is
  amended to read as follows:
         Sec. 298G.004.  EXPIRATION.  (a)  Subject to Section
  298G.153(d), the authority of the district to administer and
  operate a program under this chapter expires December 31, 2027 
  [2023].
         (b)  This chapter expires December 31, 2027 [2023].
         SECTION 3.  Section 298G.053, Health and Safety Code, is
  amended to read as follows:
         Sec. 298G.053.  INSTITUTIONAL HEALTH CARE PROVIDER
  REPORTING.  If the board authorizes the district to participate in a
  program under this chapter, the board may [shall] require each
  institutional health care provider to submit to the district a copy
  of any financial and utilization data reported in:
               (1)  the provider's Medicare cost report [submitted]
  for the most recent [previous fiscal year or for the closest
  subsequent] fiscal year for which the provider submitted the
  Medicare cost report; or
               (2)  a report other than the report described by
  Subdivision (1) that the board considers reliable and is submitted
  by or to the provider for the most recent fiscal year.
         SECTION 4.  Section 298G.103(c), Health and Safety Code, is
  amended to read as follows:
         (c)  Money deposited to the local provider participation
  fund of the district may be used only to:
               (1)  fund intergovernmental transfers from the
  district to the state to provide the nonfederal share of:
                     (A)  any payment to nonpublic hospitals, if those
  payments are authorized under the Texas Healthcare Transformation
  and Quality Improvement Program waiver issued under Section 1115 of
  the federal Social Security Act (42 U.S.C. Section 1315); or
                     (B)  Medicaid payments for:
                           (i)  uniform rate enhancements for nonpublic
  hospitals in the Medicaid managed care service area in which the
  district is located;
                           (ii)  payments available under another
  waiver program authorizing payments that are substantially similar
  to Medicaid payments described by Paragraph (A) or Subparagraph (i)
  to nonpublic hospitals or any payments to Medicaid managed care
  organizations for the benefit of nonpublic hospitals; or
                           (iii)  any reimbursement to nonpublic
  hospitals located in the district for which federal matching funds
  are available;
               (2)  subject to Section 298G.151(d), pay the
  administrative expenses of the district in administering the
  program, including collateralization of deposits;
               (3)  refund a mandatory payment collected in error from
  a paying provider;
               (4)  refund to a paying provider, in an amount that is
  proportionate to the mandatory payments made under this chapter by
  the provider during the 12 months preceding the date of the refund,
  [providers a proportionate share of] the money that the district:
                     (A)  receives from the Health and Human Services
  Commission that is not used to fund the nonfederal share of Medicaid
  payments; or
                     (B)  determines cannot be used to fund the
  nonfederal share of Medicaid supplemental payment program
  payments; and
               (5)  transfer funds to the Health and Human Services
  Commission if the district is legally required to transfer the
  funds to address a disallowance of federal matching funds with
  respect to programs for which the district made intergovernmental
  transfers described by Subdivision (1).
         SECTION 5.  The heading to Section 298G.151, Health and
  Safety Code, is amended to read as follows:
         Sec. 298G.151.  MANDATORY PAYMENTS [BASED ON PAYING PROVIDER
  NET PATIENT REVENUE].
         SECTION 6.  Section 298G.151, Health and Safety Code, is
  amended by amending Subsections (a), (b), and (c) and adding
  Subsections (a-1) and (a-2) to read as follows:
         (a)  If the board authorizes a health care provider
  participation program under this chapter, the board may require a
  mandatory payment to be assessed against each institutional
  provider located in the district, either annually or periodically
  throughout the year at the discretion of the board, on a qualifying
  assessment basis [the net patient revenue of each institutional
  health care provider located in the district].  The qualifying
  assessment basis must be the same for each institutional health
  care provider in the district.  The board shall provide an
  institutional health care provider written notice of each
  assessment under this section [subsection], and the provider has 30
  calendar days following the date of receipt of the notice to make
  the assessed mandatory payment.
         (a-1)  Except as otherwise provided by this subsection, the
  qualifying assessment basis must be determined by the board using
  information contained in an institutional health care provider's
  Medicare cost report for the most recent fiscal year for which the
  provider submitted the report.  If the provider is not required to
  submit a Medicare cost report, or if the Medicare cost report
  submitted by the provider does not contain information necessary to
  determine the qualifying assessment basis, the qualifying
  assessment basis may be determined by the board using information
  contained in another report the board considers reliable that is
  submitted by or to the provider for the most recent fiscal year.  To
  the extent practicable, the board shall use the same type of report
  to determine the qualifying assessment basis for each paying
  provider in the district.
         (a-2)  [In the first year in which the mandatory payment is
  required, the mandatory payment is assessed on the net patient
  revenue of an institutional health care provider, as determined by
  the provider's Medicare cost report submitted for the previous
  fiscal year or for the closest subsequent fiscal year for which the
  provider submitted the Medicare cost report.]  If a [the] mandatory
  payment is required, the district shall periodically update the
  amount of the mandatory payment [on an annual basis].
         (b)  The amount of a mandatory payment authorized under this
  chapter must be determined in a manner that ensures [uniformly
  proportionate with] the [amount of net patient] revenue generated
  qualifies for federal matching funds [by each paying provider in
  the district as permitted] under federal law, consistent with [.  A
  health care provider participation program authorized under this
  chapter may not hold harmless any paying provider, as required
  under] 42 U.S.C. Section 1396b(w).
         (c)  If the board requires a mandatory payment authorized
  under this chapter, the board shall set the amount of the mandatory
  payment, subject to the limitations of this chapter.  The aggregate
  amount of the mandatory payments required of all paying providers
  in the district may not exceed six percent of the aggregate net
  patient revenue from hospital services provided [by all paying
  providers] in the district.
         SECTION 7.  Subchapter D, Chapter 298G, Health and Safety
  Code, is amended by adding Section 298G.154 to read as follows:
         Sec. 298G.154.  INTEREST AND PENALTIES. The district may
  impose and collect interest and penalties on delinquent mandatory
  payments assessed under this chapter in any amount that does not
  exceed the maximum amount authorized for other delinquent payments
  owed to the district.
         SECTION 8.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2023.