| (1) When a political subdivision has sold or leased
its public health care facility(s) and accepted an agreement from
the new owner or lessee of the facility(s) to provide indigent health
care services, the political subdivision is receiving contracted services
in lieu of cash as consideration for the sale or lease of the facility(s).
In submitting its expenditure statement for the distribution, the
political subdivision may claim the value of the health care services
for indigent residents of the political subdivision performed by the
purchaser or lessee of the facility as if they had been reimbursed
using either the Medicaid Diagnosis Related Group (DRG) for the individual
patients or the Medicaid interim rate for the facility.
(2) When a political subdivision has sold or leased
its public health care facility(s) and accepted profits or payments
in consideration of the sale or lease, additional non-tax operating
funds may result from the profits or payments attributable to the
sale or lease. These profits or payments may be used to fund ongoing
operations, indigent care obligations, or other statutorily authorized
expenditures not otherwise funded by taxes. The profits or payments
from the sale or lease that are expended on operations, indigent care,
or other statutorily authorized expenditures in any given calendar
year are countable, in addition to tax collections received by a hospital
district, as unreimbursed expenditures under the agreement. As a result,
the expenditures claimable by a political subdivision are increased
by the amount of non-tax funding the political subdivision has spent
from its accounts containing the profits or payments attributable
to the sale or lease of the political subdivision's public health
care facility(s), including the interest or investment proceeds from
such profits or payments.
(f) Procedures.
(1) A political subdivision must submit a signed annual
expenditure statement to the department, documenting its eligible
expenditures for the preceding calendar year:
(A) by delivery, fax, or electronic mail received by
the department no later than 11:59 p.m. on March 31 of each year;
or
(B) by U.S. Postal Service mail or commercial mail
carrier with a postmark reflecting a date no later than 11:59 p.m.
on March 31 of each year. Private metered postmarks shall not be acceptable
as proof of timely mailing.
(2) If a statement is not received by the department
in accordance with the date and methods outlined in paragraph (1)
of this subsection, the political subdivision shall not receive a
pro rata share of the annual distribution.
(3) The department will designate the required format
for the documentation. There will be a separate format for hospital
districts, counties not wholly in a hospital district, and public
hospitals not in a hospital district.
(4) To calculate the percentage of the annual distribution
to be paid to each political subdivision, the department will combine
the eligible expenditures from all statements received, thus obtaining
a statewide total. The department will then divide the statewide total
into the amount in the expenditure statement submitted by each political
subdivision.
(5) By April 15 of each year, the department will certify
to the comptroller the percentage of the annual distribution to be
paid to each eligible political subdivision, based on the expenditure
statements.
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| Source Note: The provisions of this §102.3 adopted to be effective February 3, 2000, 25 TexReg 579; amended to be effective February 7, 2001, 26 TexReg 1142; amended to be effective February 6, 2003, 28 TexReg 956; amended to be effective November 20, 2003, 28 TexReg 10225; amended to be effective December 30, 2007, 32 TexReg 9631; amended to be effective October 7, 2012, 37 TexReg 7752; amended to be effective September 27, 2016, 41 TexReg 7488 |
