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RULE §355.8212Waiver Payments to Hospitals for Uncompensated Charity Care

(a) Introduction. Texas Healthcare Transformation and Quality Improvement Program §1115(a) Medicaid demonstration waiver payments are available under this section to help defray the uncompensated cost of charity care provided by eligible hospitals on or after October 1, 2019. Waiver payments to hospitals for uncompensated care provided before October 1, 2019, are described in §355.8201 of this division (relating to Waiver Payments to Hospitals for Uncompensated Care). Waiver payments to hospitals must be in compliance with the Centers for Medicare & Medicaid Services approved waiver Program Funding and Mechanics Protocol, HHSC waiver instructions, and this section.

(b) Definitions.

  (1) Affiliation agreement--An agreement, entered into between one or more privately-operated hospitals and a governmental entity that does not conflict with federal or state law. HHSC does not prescribe the form of the agreement.

  (2) Allocation amount--The amount of funds approved by the Centers for Medicare & Medicaid Services for uncompensated-care payments for the demonstration year that is allocated to each uncompensated-care provider pool or individual hospital, as described in subsections (f)(2) and (g)(6) of this section.

  (3) Anchor--The governmental entity identified by HHSC as having primary administrative responsibilities on behalf of a Regional Healthcare Partnership (RHP).

  (4) Centers for Medicare & Medicaid Services (CMS)--The federal agency within the United States Department of Health and Human Services responsible for overseeing and directing Medicare and Medicaid, or its successor.

  (5) Charity care--Healthcare services provided without expectation of reimbursement to uninsured patients who meet the provider's charity-care policy. The charity-care policy should adhere to the charity-care principles of the Healthcare Financial Management Association Principles and Practices Board Statement 15 (December 2012). Charity care includes full or partial discounts given to uninsured patients who meet the provider's financial assistance policy. Charity care does not include bad debt, courtesy allowances, or discounts given to patients who do not meet the provider's charity-care policy or financial assistance policy.

  (6) Data year--A 12-month period that is described in §355.8066 of this subchapter (relating to Hospital-Specific Limit Methodology) and from which HHSC will compile cost and payment data to determine uncompensated-care payment amounts. This period corresponds to the Disproportionate Share Hospital data year.

  (7) Delivery System Reform Incentive Payments (DSRIP)--Payments related to the development or implementation of a program of activity that supports a hospital's efforts to enhance access to health care, the quality of care, and the health of patients and families it serves. These payments are not considered patient-care revenue and are not offset against the hospital's costs when calculating the hospital-specific limit as described in §355.8066 of this subchapter.

  (8) Demonstration year--The 12-month period beginning October 1 for which the payments calculated under this section are made. This period corresponds to the Disproportionate Share Hospital (DSH) program year. Demonstration year one corresponded to the 2012 DSH program year, October 1, 2011, through September 30, 2012.

  (9) Disproportionate Share Hospital (DSH)--A hospital participating in the Texas Medicaid program that serves a disproportionate share of low-income patients and is eligible for additional reimbursement from the DSH fund.

  (10) Governmental entity--A state agency or a political subdivision of the state. A governmental entity includes a hospital authority, hospital district, city, county, or state entity.

  (11) HHSC--The Texas Health and Human Services Commission, or its designee.

  (12) Institution for mental diseases (IMD)--A hospital that is primarily engaged in providing psychiatric diagnosis, treatment, or care of individuals with mental illness.

  (13) Intergovernmental transfer (IGT)--A transfer of public funds from a governmental entity to HHSC.

  (14) Large public hospital--An urban public hospital - Class one as defined in §355.8065 of this subchapter (relating to Disproportionate Share Hospital Reimbursement Methodology).

  (15) Mid-Level Professional--Medical practitioners which include the following professions only:

    (A) Certified Registered Nurse Anesthetists;

    (B) Nurse Practitioners;

    (C) Physician Assistants;

    (D) Dentists;

    (E) Certified Nurse Midwives;

    (F) Clinical Social Workers;

    (G) Clinical Psychologists; and

    (H) Optometrists.

  (16) Public funds--Funds derived from taxes, assessments, levies, investments, and other public revenues within the sole and unrestricted control of a governmental entity. Public funds do not include gifts, grants, trusts, or donations, the use of which is conditioned on supplying a benefit solely to the donor or grantor of the funds.

  (17) Regional Healthcare Partnership (RHP)--A collaboration of interested participants that work collectively to develop and submit to the state a regional plan for health care delivery system reform. Regional Healthcare Partnerships will support coordinated, efficient delivery of quality care and a plan for investments in system transformation that is driven by the needs of local hospitals, communities, and populations.

  (18) RHP plan--A multi-year plan within which participants propose their portion of waiver funding and DSRIP projects.

  (19) Rural hospital--A hospital enrolled as a Medicaid provider that:

    (A) is located in a county with 60,000 or fewer persons according to the 2010 U.S. Census; or

    (B) was designated by Medicare as a Critical Access Hospital (CAH) or a Sole Community Hospital (SCH) before October 1, 2021; or

    (C) is designated by Medicare as a CAH, SCH, or Rural Referral Center (RRC); and is not located in a Metropolitan Statistical Area (MSA), as defined by the U.S. Office of Management and Budget; or

    (D) meets all of the following:

      (i) has 100 or fewer beds;

      (ii) is designated by Medicare as a CAH, SCH, or an RRC; and

      (iii) is located in an MSA.

  (20) Service Delivery Area (SDA)--The counties included in any HHSC-defined geographic area as applicable to each Managed Care Organization (MCO).

  (21) Uncompensated-care application--A form prescribed by HHSC to identify uncompensated costs for Medicaid-enrolled providers.

  (22) Uncompensated-care payments--Payments intended to defray the uncompensated costs of charity care as defined in paragraph (5) of this subsection.

  (23) Uninsured patient--An individual who has no health insurance or other source of third-party coverage for the services provided. The term includes an individual enrolled in Medicaid who received services that do not meet the definition of medical assistance in section 1905(a) of the Social Security Act (Medicaid services), if such inclusion is specified in the hospital's charity-care policy or financial assistance policy and the patient meets the hospital's policy criteria.

  (24) Waiver--The Texas Healthcare Transformation and Quality Improvement Program Medicaid demonstration waiver under §1115 of the Social Security Act.

(c) Eligibility. A hospital that meets the requirements described in this subsection may receive payments under this section.

  (1) Generally. To be eligible for any payment under this section:

    (A) a hospital must be enrolled as a Medicaid provider in the State of Texas at the beginning of the demonstration year; and

    (B) if it is a hospital not operated by a governmental entity, it must have filed with HHSC an affiliation agreement and the documents described in clauses (i) and (ii) of this subparagraph.

      (i) Eligible Hospitals. The hospital must certify on a form prescribed by HHSC:

        (I) that it is a privately-operated hospital;

        (II) that no part of any payment to the hospital under this section will be returned or reimbursed to a governmental entity with which the hospital affiliates; and

        (III) that no part of any payment to the hospital under this section will be used to pay a contingent fee, consulting fee, or legal fee associated with the hospital's receipt of the supplemental funds.

      (ii) Governmental Entity Acknowledgments. The governmental entity that is party to the affiliation agreement must certify on a form prescribed by HHSC:

        (I) that the governmental entity has not received and has no agreement to receive any portion of the payments made to any hospital that is party to the agreement;

        (II) that the governmental entity has not entered into a contingent fee arrangement related to the governmental entity's participation in the waiver program;

        (III) that the governmental entity adopted the conditions described in the certification form prescribed by or otherwise approved by HHSC pursuant to a vote of the governmental entity's governing body in a public meeting preceded by public notice published in accordance with the governmental entity's usual and customary practices or the Texas Open Meetings Act, as applicable; and

        (IV) that all affiliation agreements, consulting agreements, or legal services agreements executed by the governmental entity related to its participation in this waiver payment program are available for public inspection upon request.

      (iii) Submission requirements.

        (I) Initial submissions. The parties must initially submit the affiliation agreements and certifications described in this subsection to the HHSC Provider Finance Department on the earlier of the following occurrences after the documents are executed:

          (-a-) the date the hospital submits the uncompensated-care application that is further described in paragraph (2) of this subsection; or

          (-b-) the new affiliation cut-off date posted on HHSC Provider Finance Departments' website for each payment under this section.

        (II) Subsequent submissions. The parties must submit revised documentation to HHSC as follows.

          (-a-) When the nature of the affiliation changes or parties to the agreement are added or removed, the parties must submit the revised affiliation agreement and related hospital and governmental entity certifications.

          (-b-) When there are changes in ownership, operation, or provider identifiers, the hospital must submit a revised hospital certification.

          (-c-) The parties must submit the revised documentation thirty days before the projected deadline for completing the IGT for the first payment under the revised affiliation agreement. The projected deadline for completing the IGT is posted on HHSC Provider Finance Department's website for each payment under this section.

        (III) Notification Requirement. A hospital that submits new or revised documentation under subclause (I) or (II) of this clause must notify the Anchor of the RHP in which the hospital participates.

        (IV) Request for Modifications. The certification forms must not be modified except for those changes approved by HHSC prior to submission.

          (-a-) Within 10 business days of HHSC Provider Finance Department receiving a request for approval of proposed modifications, HHSC will approve, reject, or suggest changes to the proposed certification forms.

          (-b-) A request for HHSC approval of proposed modifications to the certification forms will not delay the submission deadlines established in this clause.

        (V) Failure to Submit Required Documentation. A hospital that fails to submit the required documentation in compliance with this subparagraph is not eligible to receive a payment under this section.

  (2) Uncompensated-care payments. For a hospital to be eligible to receive uncompensated-care payments, in addition to the requirements in paragraph (1) of this subsection, the hospital must:

    (A) submit to HHSC an uncompensated-care application for the demonstration year, as is more fully described in subsection (g)(1) of this section, by the deadline specified by HHSC; and

    (B) submit to HHSC documentation of:

      (i) its participation in an RHP; or

      (ii) approval from CMS of its eligibility for uncompensated-care payments without participation in an RHP.

  (3) Changes that may affect eligibility for uncompensated-care payments.

    (A) If a hospital closes, loses its license, loses its Medicare or Medicaid eligibility, withdraws from participation in an RHP, or files bankruptcy before receiving all or a portion of the uncompensated-care payments for a demonstration year, HHSC will determine the hospital's eligibility to receive payments going forward on a case-by-case basis. In making the determination, HHSC will consider multiple factors including whether the hospital was in compliance with all requirements during the demonstration year and whether it can satisfy the requirement to cooperate in the reconciliation process as described in subsection (i) of this section.


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