Bill Text: TX SB1607 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to funding for emergency medical air transportation provided to patients enrolled in the state Medicaid program; imposing a surcharge.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-03-20 - Referred to Health & Human Services [SB1607 Detail]
Download: Texas-2013-SB1607-Introduced.html
83R8344 JSC-D | ||
By: Zaffirini | S.B. No. 1607 |
|
||
|
||
relating to funding for emergency medical air transportation | ||
provided to patients enrolled in the state Medicaid program; | ||
imposing a surcharge. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 773, Health and Safety Code, is amended | ||
by adding Subchapter I to read as follows: | ||
SUBCHAPTER I. EMERGENCY MEDICAL AIR TRANSPORTATION FUNDING | ||
Sec. 773.251. EMERGENCY MEDICAL AIR TRANSPORTATION | ||
ACCOUNT. (a) The emergency medical air transportation account is | ||
established as a dedicated account in the general revenue fund. The | ||
account is composed of: | ||
(1) money deposited to the credit of the account | ||
derived from court costs imposed under Article 102.021, Code of | ||
Criminal Procedure; and | ||
(2) interest earned on the investment of money in the | ||
account and depository interest allocable to the account. | ||
(b) Money in the emergency medical air transportation | ||
account may be appropriated only to the Health and Human Services | ||
Commission to provide reimbursements under the medical assistance | ||
program under Chapter 32, Human Resources Code, to providers of | ||
emergency medical air transportation services, regardless of | ||
whether federal Medicaid matching funds are available for that | ||
medical assistance. | ||
(c) The emergency medical air transportation account is | ||
exempt from the application of Section 403.095. Interest earned on | ||
money in the account shall be credited to the account. | ||
Sec. 773.252. RULES. (a) The executive commissioner shall | ||
adopt rules to implement this subchapter. | ||
(b) In adopting rules under this section, the executive | ||
commissioner shall consult and collaborate with emergency medical | ||
air transportation providers in this state to determine the | ||
appropriate methodology to distribute money in the emergency | ||
medical air transportation account to those entities. | ||
Sec. 773.253. FEDERAL FUNDING AND WAIVERS. (a) The | ||
executive commissioner shall take all necessary actions to receive | ||
the greatest amount of federal financial participation for the | ||
payments under this subchapter, including using the money in the | ||
emergency medical air transportation account paid to emergency | ||
medical air transportation service providers through the medical | ||
assistance program under Chapter 32, Human Resources Code, to | ||
obtain additional federal matching funds. | ||
(b) The executive commissioner shall seek any federal | ||
approvals or waivers necessary to implement this subchapter, | ||
including by submitting any necessary Medicaid state plan | ||
amendments, but may not delay implementation of this subchapter | ||
because an approval or waiver has not been granted. | ||
SECTION 2. Subchapter A, Chapter 102, Code of Criminal | ||
Procedure, is amended by adding Article 102.021 to read as follows: | ||
Art. 102.021. COSTS ON CONVICTION TO FUND EMERGENCY MEDICAL | ||
AIR TRANSPORTATION SERVICES. (a) In this article, "moving | ||
violation" means an offense that: | ||
(1) involves the operation of a motor vehicle; and | ||
(2) is classified as a moving violation by the | ||
Department of Public Safety under Section 708.052, Transportation | ||
Code. | ||
(b) A defendant convicted of a moving violation in a justice | ||
court, county court, county court at law, or municipal court shall | ||
pay a $5 surcharge as a cost of court. | ||
(c) In this article, a person is considered convicted if: | ||
(1) a sentence is imposed on the person; | ||
(2) the person receives community supervision, | ||
including deferred adjudication; or | ||
(3) the court defers final disposition of the person's | ||
case. | ||
(d) The clerks of the respective courts shall collect the | ||
costs described by this article. The clerk shall keep separate | ||
records of the funds collected as costs under this article and shall | ||
deposit the funds in the county or municipal treasury, as | ||
appropriate. | ||
(e) The custodian of a county or municipal treasury shall: | ||
(1) keep records of the amount of funds on deposit | ||
collected under this article; and | ||
(2) send to the comptroller before the last day of the | ||
first month following each calendar quarter the funds collected | ||
under this article during the preceding quarter. | ||
(f) If no funds due as costs under this article are | ||
deposited in a county or municipal treasury in a calendar quarter, | ||
the custodian of the treasury shall file the report required for the | ||
quarter in the regular manner and must state that no funds were | ||
collected. | ||
(g) The comptroller shall deposit the funds received under | ||
this article to the credit of the emergency medical air | ||
transportation account under Section 773.251, Health and Safety | ||
Code. | ||
SECTION 3. Subchapter D, Chapter 102, Government Code, is | ||
amended by adding Section 102.0611 to read as follows: | ||
Sec. 102.0611. EMERGENCY MEDICAL AIR TRANSPORTATION | ||
ACCOUNT SURCHARGE ON CONVICTION IN STATUTORY COUNTY COURT: CODE OF | ||
CRIMINAL PROCEDURE. The clerk of a statutory county court shall | ||
collect from a defendant an emergency medical air transportation | ||
account surcharge of $5 under Article 102.021, Code of Criminal | ||
Procedure, on conviction of a moving violation. | ||
SECTION 4. Subchapter E, Chapter 102, Government Code, is | ||
amended by adding Section 102.0811 to read as follows: | ||
Sec. 102.0811. EMERGENCY MEDICAL AIR TRANSPORTATION | ||
ACCOUNT SURCHARGE ON CONVICTION IN COUNTY COURT: CODE OF CRIMINAL | ||
PROCEDURE. The clerk of a county court shall collect from a | ||
defendant an emergency medical air transportation account | ||
surcharge of $5 under Article 102.021, Code of Criminal Procedure, | ||
on conviction of a moving violation. | ||
SECTION 5. Subchapter F, Chapter 102, Government Code, is | ||
amended by adding Section 102.1011 to read as follows: | ||
Sec. 102.1011. EMERGENCY MEDICAL AIR TRANSPORTATION | ||
ACCOUNT SURCHARGE ON CONVICTION IN JUSTICE COURT: CODE OF CRIMINAL | ||
PROCEDURE. The clerk of a justice court shall collect from a | ||
defendant an emergency medical air transportation account | ||
surcharge of $5 under Article 102.021, Code of Criminal Procedure, | ||
on conviction of a moving violation. | ||
SECTION 6. Subchapter G, Chapter 102, Government Code, is | ||
amended by adding Section 102.1211 to read as follows: | ||
Sec. 102.1211. EMERGENCY MEDICAL AIR TRANSPORTATION | ||
ACCOUNT SURCHARGE ON CONVICTION IN MUNICIPAL COURT: CODE OF | ||
CRIMINAL PROCEDURE. The clerk of a municipal court shall collect | ||
from a defendant an emergency medical air transportation account | ||
surcharge of $5 under Article 102.021, Code of Criminal Procedure, | ||
on conviction of a moving violation. | ||
SECTION 7. Not later than January 1, 2014, the executive | ||
commissioner of the Health and Human Services Commission shall | ||
adopt the initial rules under Section 773.252, Health and Safety | ||
Code, as added by this Act. | ||
SECTION 8. The imposition of a cost of court under Article | ||
102.021, Code of Criminal Procedure, as added by this Act, applies | ||
only to an offense committed on or after the effective date of this | ||
Act. An offense committed before the effective date of this Act is | ||
governed by the law in effect on the date the offense was committed, | ||
and the former law is continued in effect for that purpose. For | ||
purposes of this section, an offense was committed before the | ||
effective date of this Act if any element of the offense was | ||
committed before that date. | ||
SECTION 9. This Act takes effect September 1, 2013. |