Bill Text: TX HB4928 | 2023-2024 | 88th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the continuation of certain health care provider participation programs in certain counties.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2023-06-09 - Effective immediately [HB4928 Detail]

Download: Texas-2023-HB4928-Introduced.html

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By: Frank H.B. No. 4928

A BILL TO BE ENTITLED
AN ACT
relating to the continuation and operations of certain local health
care provider participation programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 292C.001, Health and Safety Code, is
amended by adding Subdivision (4) to read as follows:
(4) "Qualifying assessment basis" means any basis
consistent with 42 U.S.C. Section 1396b(w) on which the
commissioners court of a county requires mandatory payment to be
assessed under this chapter.
SECTION 2. Section 292C.004, Health Safety Code, is amended
to read as follows:
The authority of a county to administer and operate a program under
this chapter expires December 31, 2027 [2023].
SECTION 3. Section 292C.054, Health and Safety Code, is
amended by amending subsection (a) to read as follows:
(a) The commissioners court of a county that collects a
mandatory payment authorized under this chapter may [shall] require
each institutional health care provider located in the county to
submit to the county a copy of any financial and utilization data as
reported in:
(1) a report required by [and reported to] the
Department of State Health Services under Sections 311.032 and
311.033 and any rules adopted by the executive commissioner of the
Health and Human Services Commission to implement those sections;
(2) the provider's Medicare cost report for the most
recent fiscal year for which the provider submitted the Medicare
cost Report; or
(3) a report other than the reports described by
Subdivisions (1) and (2) that the commissioners court considers
reliable and is submitted by or to the provider for the most recent
fiscal year.
SECTION 4. Subtitle D, Title 4, Health and Safety Code,
Chapter 292C, Subchapter B is amended by adding Section 292C.055 to
read as follows:
Sec. 292C.055 REQUEST FOR CERTAIN RELIEF. (a) The
commissioners court of a county may request that the Health and
Human Services Commission submit a request to the Centers for
Medicare and Medicaid Services for relief under 42 C.F.R. Section
433.72 for purposes of assuring the program is administered
efficiently, transparently, and in a manner that complies with
federal law.
(b) If the request for relief under Subsection (a) is
granted, the commissioners court of a county may act in compliance
with the terms of such relief. To the extent of a conflict between
the terms of the relief and any law, including a provision of this
subtitle, requiring mandatory payments to be assessed in a uniform
or broad-based manner, the terms of the relief prevail.
Sec. 299.055. PROHIBITION ON IMPOSITION OF TAXES. This
Chapter does not authorize the commissioners court of a county to
impose a bed tax or any other tax under the laws of this state.
SECTION 5. The heading to Section 292C.151, Health and
Safety Code, is amended to read as follows:
Sec. 292C.151. MANDATORY PAYMENTS [BASED ON PAYING HOSPITAL
NET PATIENT REVENUE].
SECTION 6. Section 292C.151, Health and Safety Code, is
amended by amending Subsections (a) and (b) and adding Subsections
(a-1),(a-2)and (f) to read as follows:
(a) Except as provided by Subsection (e), the commissioners
court of a county that collects a mandatory payment authorized
under this chapter may require an annual mandatory payment to be
assessed against each institutional health care provider located in
the county on a qualifying assessment basis [the net patient
revenue of each institutional health care provider located in the
county]. The qualifying assessment basis must be the same for each
institutional health care provider located in the county. The
commissioners court may provide for the mandatory payment to be
assessed quarterly.
(a-1) Except as otherwise provided by this Subsection, the
qualifying assessment basis must be determined by the commissioners
court using data reported to the Department of State Health
Services under Section 311.032 and 311.033 by an institutional
health care provider for the most recent fiscal year the provider
reported data, or if the provider provider did not report any data
under those sections, the provider's Medicare cost report for the
most recent fiscal year for which the provider submitted a report.
If neither the data reported under Sections 311.032 and 311.033 nor
the Medicare cost report contain information necessary to determine
the qualifying assessment basis, the qualifying assessment basis
may be determined by the commissioner court using information
contained in another report the commissioners court considers
reliable that is submitted by or to the provider for the most recent
fiscal year. To the extent practicable, the commissioners court
shall use the same type of report to determine the qualifying
assessment basis for each paying hospital in the district.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 data
reported to the Department of State Health Services under Sections
311.032 and 311.033 in the fiscal year ending in 2017 or, if the
institutional health care provider did not report any data under
those sections in that fiscal year, as determined by the
institutional health care provider's Medicare cost report
submitted for the 2017 fiscal year or for the closest subsequent
fiscal year for which the provider submitted the Medicare cost
report.
(a-2) The county shall 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 that the revenue
generated qualifies for federal matching funds under federal law,
consistent with [uniformly proportionate with the amount of net
patient revenue generated by each paying hospital in the county. A
mandatory payment authorized under this chapter may not hold
harmless any institutional health care provider, as required under]
42 U.S.C. Section 1396b(w).
SECTION 7. 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.