Bill Text: TX SB1768 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to recovery of uncompensated hospital care costs.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-03-23 - Referred to Transportation & Homeland Sec. [SB1768 Detail]
Download: Texas-2011-SB1768-Introduced.html
By: Williams | S.B. No. 1768 | |
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relating to recovery of uncompensated hospital care costs. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 241.003 and 241.025, Health and Safety | ||
Code, are amended to read as follows: | ||
Sec. 241.003. DEFINITIONS. In this chapter: | ||
(1) "Advanced practice nurse" means a registered nurse | ||
recognized as an advanced practice nurse by the Texas Board of | ||
Nursing. | ||
(2) "Board" means the Texas Board of Health. | ||
(3) "Commission" means the Health and Human Services | ||
Commission. | ||
(4) "Commissioner" means the executive commissioner | ||
of the Health and Human Services Commission. | ||
(5) "Comprehensive medical rehabilitation hospital" | ||
means a general hospital that specializes in providing | ||
comprehensive medical rehabilitation services, including surgery | ||
and related ancillary services. | ||
(6)[ |
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Health. | ||
(7)[ |
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that: | ||
(A) offers services, facilities, and beds for use | ||
for more than 24 hours for two or more unrelated individuals | ||
requiring diagnosis, treatment, or care for illness, injury, | ||
deformity, abnormality, or pregnancy; and | ||
(B) regularly maintains, at a minimum, clinical | ||
laboratory services, diagnostic X-ray services, treatment | ||
facilities including surgery or obstetrical care or both, and other | ||
definitive medical or surgical treatment of similar extent. | ||
(8)[ |
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subdivision of the state, including a hospital district, county, or | ||
municipality, and any department, division, board, or other agency | ||
of a political subdivision. | ||
(9)[ |
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special hospital. | ||
(10)[ |
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of physicians and a podiatrist or a group of podiatrists who by | ||
action of the governing body of a hospital are privileged to work in | ||
and use the facilities of a hospital for or in connection with the | ||
observation, care, diagnosis, or treatment of an individual who is, | ||
or may be, suffering from a mental or physical disease or disorder | ||
or a physical deformity or injury. | ||
(11)[ |
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general hospital that specializes in providing services to children | ||
and adolescents, including surgery and related ancillary services. | ||
(12)[ |
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partnership, corporation, association, or joint stock company, and | ||
includes a receiver, trustee, assignee, or other similar | ||
representative of those entities. | ||
(13)[ |
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the Texas State Board of Medical Examiners. | ||
(14)[ |
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assistant licensed by the Texas State Board of Physician Assistant | ||
Examiners. | ||
(15)[ |
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by the Texas State Board of Podiatric Medical Examiners. | ||
(16)[ |
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Sec. 2, eff. September 1, 2005. | ||
(17)[ |
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that: | ||
(A) offers services, facilities, and beds for use | ||
for more than 24 hours for two or more unrelated individuals who are | ||
regularly admitted, treated, and discharged and who require | ||
services more intensive than room, board, personal services, and | ||
general nursing care; | ||
(B) has clinical laboratory facilities, | ||
diagnostic X-ray facilities, treatment facilities, or other | ||
definitive medical treatment; | ||
(C) has a medical staff in regular attendance; | ||
and | ||
(D) maintains records of the clinical work | ||
performed for each patient. | ||
Sec. 241.025. LICENSE FEES AND COST RECOVERY. | ||
(a) (1) The department shall charge each hospital an annual | ||
license fee for an initial license or a license renewal. | ||
(2)[ |
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authorized by Subsection (a) according to a schedule under which | ||
the number of beds in the hospital determines the amount of the fee. | ||
The licensing fee may not exceed $15 a bed. A minimum license fee | ||
may be established. The minimum fee may not exceed $1,000. | ||
(3)[ |
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based on the estimated cost to and level of effort expended by the | ||
department to conduct the activity for which the fee is imposed. | ||
(b)(1) The commission must annually collect an amount that, | ||
in combination with any available federal funds, is sufficient to | ||
reimburse: | ||
(A) the estimated cost of administering public | ||
duties related to hospitals licensed under this chapter that are | ||
imposed on the department or another state agency pursuant to other | ||
law; and | ||
(B) the estimated cost of uncompensated care, | ||
including, but not limited to, uncompensated care provided to | ||
noncitizen unauthorized immigrants. | ||
(2) The commissioner by rule shall require each hospital to | ||
report fiscal year the following information relating to noncitizen | ||
unauthorized immigrant patients: | ||
(A) the total cost of inpatient care and outpatient | ||
care provided to such patients; | ||
(B) the total number of inpatient paid cases and | ||
outpatient paid cases; | ||
(C) the total amount of payments received for | ||
inpatient care and outpatient care provided to such patients; and | ||
(D) the total amount of payments received by the | ||
hospital for such care as a percentage of the hospital's total cost. | ||
(d) All license fees collected shall be deposited in the | ||
state treasury to the credit of the department to administer and | ||
enforce this chapter. These fees are hereby appropriated to the | ||
department. | ||
(e) All costs recovered under subsection (c), including all | ||
federal receipts, shall be deposited in accordance with the general | ||
appropriations act or other state law. | ||
(f) Notwithstanding Subsection (d) or subsection (e), to | ||
the extent that money received from the fees collected under this | ||
chapter exceeds the costs to the department or the commission to | ||
conduct the activity for which the fee is imposed, the department | ||
may use the money to administer Chapter 324 and similar laws that | ||
require the department to provide information related to hospital | ||
care to the public. The department may not consider the costs of | ||
administering Chapter 324 or similar laws in adopting a fee imposed | ||
under this section. | ||
SECTION 2. 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, 2011. |