This text of Texas § 292E.103 (LOCAL PROVIDER PARTICIPATION FUND; AUTHORIZED USES OF MONEY.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Sec. 292E.103. LOCAL PROVIDER PARTICIPATION FUND; AUTHORIZED USES OF MONEY.
(a)The local provider participation fund established by a county under Section 292E.102 consists of:
(1)all revenue received by the county attributable to mandatory payments authorized under this chapter, including any penalties and interest attributable to delinquent payments;
(2)money received from the Health and Human Services Commission as a refund of an intergovernmental transfer described by Subsection (b)(1), provided that the intergovernmental transfer does not receive a federal matching payment; and
(3)the earnings of the fund.
(b)Money deposited to a county's local provider participation fund may be used only to:
(1)fund intergovernmental transfers from the county to the state to provide the nonfede
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Sec. 292E.103. LOCAL PROVIDER PARTICIPATION FUND; AUTHORIZED USES OF MONEY. (a) The local provider participation fund established by a county under Section 292E.102 consists of:
(1) all revenue received by the county attributable to mandatory payments authorized under this chapter, including any penalties and interest attributable to delinquent payments;
(2) money received from the Health and Human Services Commission as a refund of an intergovernmental transfer described by Subsection (b)(1), provided that the intergovernmental transfer does not receive a federal matching payment; and
(3) the earnings of the fund.
(b) Money deposited to a county's local provider participation fund may be used only to:
(1) fund intergovernmental transfers from the county to the state to provide the nonfederal share of Medicaid payments for:
(A) uncompensated care payments to nonpublic hospitals authorized under the Texas Healthcare Transformation and Quality Improvement Program waiver issued under Section 1115 of the federal Social Security Act (42 U.S.C. Section 1315), or a successor waiver program authorizing similar Medicaid supplemental payment programs;
(B) uniform rate enhancements or other directed payment programs for nonpublic hospitals;
(C) payments available under another waiver program authorizing payments that are substantially similar to Medicaid payments to nonpublic hospitals described by Paragraph (A) or (B); or
(D) any reimbursement to nonpublic hospitals, or that may benefit nonpublic hospitals as determined by the commissioners court, for which federal matching funds are available;
(2) subject to Section 292E.151 (e), pay the administrative expenses of the county in administering the program, including collateralization of deposits;
(3) refund all or a portion of a mandatory payment collected in error from a paying hospital; and
(4) refund to paying hospitals a proportionate share of the money that the county:
(A) receives from the Health and Human Services Commission that is not used to fund the nonfederal share of Medicaid supplemental payment program payments; or
(B) determines cannot be used to fund the nonfederal share of Medicaid supplemental payment program payments.
(c) Money in the local provider participation fund may not be commingled with other county money.
(d) Notwithstanding any other provision of this chapter, with respect to an intergovernmental transfer of funds described by Subsection (b)(1) made by the county, any funds received by the state, county, or other entity as a result of the transfer may not be used by the state, county, or other entity to:
(1) expand Medicaid eligibility under the Patient Protection and Affordable Care Act (Pub. L. No. 111-148) as amended by the Health Care and Education Reconciliation Act of 2010 (Pub. L. No. 111-152); or
(2) fund the nonfederal share of payments to nonpublic hospitals available through the Medicaid disproportionate share hospital program.
SUBCHAPTER D. MANDATORY PAYMENTS