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A BILL TO BE ENTITLED
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AN ACT
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relating to an annual report on the financial impact on hospitals |
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for providing certain uncompensated care. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter G, Chapter 525, Government Code, is |
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amended by adding Section 525.0304 to read as follows: |
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Sec. 525.0304. ANNUAL REPORT ON FINANCIAL IMPACT ON |
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HOSPITALS PROVIDING UNCOMPENSATED CARE TO PERSONS NOT LAWFULLY |
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PRESENT. (a) In this section: |
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(1) "Financial impact" means the costs incurred by a |
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hospital for providing health care services to a patient for which |
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the hospital does not receive payment in full for those services. |
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(2) "Hospital" means an establishment licensed under |
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Chapter 241, Health and Safety Code, that: |
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(A) provides acute care services; and |
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(B) is enrolled as a provider under Medicaid or |
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the child health plan program under Chapter 62, Health and Safety |
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Code. |
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(3) "Person not lawfully present" means a person who |
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is not: |
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(A) a citizen or national of the United States; |
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or |
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(B) an alien who is lawfully admitted for |
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permanent residence in the United States under the federal |
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Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.) or |
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authorized to be employed by that Act or the United States attorney |
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general. |
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(b) Not later than November 1 of each year, the commission |
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shall prepare and submit to the governor and the legislature a |
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written report for the preceding state fiscal year on the financial |
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impact on hospitals for providing health care services to patients |
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who were persons not lawfully present at the time health care |
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services were provided to those patients. |
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(c) For purposes of preparing the report required by |
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Subsection (b), the executive commissioner by rule shall require |
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each hospital in this state to: |
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(1) include on the hospital's patient intake form: |
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(A) a question regarding the patient's |
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citizenship or immigration status to determine if the patient is a |
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person not lawfully present; and |
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(B) a statement that the patient's response to |
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that question will not affect any health care service provided to |
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the patient, as required by federal law; and |
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(2) quarterly submit to the commission in the manner |
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and format prescribed by the commission a written report on: |
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(A) the number of emergency room visits and |
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inpatient discharges the hospital provided or completed during the |
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preceding quarter for patients who were persons not lawfully |
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present at the time the hospital provided health care services to |
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the patients; and |
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(B) the financial impact on the hospital during |
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the preceding quarter for providing health care services to the |
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patients who were persons not lawfully present at the time the |
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hospital provided health care services to the patients. |
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(d) As required by federal law, a patient's response to the |
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question described by Subsection (c)(1)(A) may not affect the |
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health care services provided to the patient. |
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(e) The commission shall ensure the reports required under |
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this section do not include any personal identifying information. |
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SECTION 2. (a) As soon as practicable after the effective |
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date of this Act, the executive commissioner of the Health and Human |
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Services Commission shall adopt the rules required by Section |
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525.0304, Government Code, as added by this Act. |
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(b) Notwithstanding Section 525.0304, Government Code, as |
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added by this Act, the Health and Human Services Commission is not |
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required to submit the initial report required by that section |
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until December 1, 2026. |
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SECTION 3. This Act takes effect September 1, 2025. |