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AI- 4122   1. E. 1.    
Commissioners Court - Regular
Meeting Date: 02/27/2013  
Resolution in support of Hospital District Legislation related to Use of Funds
Submitted By: Tyner Little, Commissioners Court Admin
Department: Commissioners Court Admin  

Information
RECOMMENDATION
Supporting legislation in the 83rd Texas Legislative Session relating to use of district funds by the Nueces County Hospital District.
BACKGROUND
The State recently adopted/revised certain rules relating to the Texas Healthcare Transformation and Quality Improvement Program Waiver which it undertook via Section 1115 of the federal Social Security Act (42 U.S.C. §1315); the above changed the administrative rules governing Medicaid-related intergovernmental transfers in Texas (see 1 TAC §355.8201).
A unique statute, Texas Health and Safety Code (the “Health Code”), §281.094 governs the use of funds by the Nueces County Hospital District (the “Hospital District”); specifically, §281.094 (a) provides that with approval of Commissioners Court, the Board of Managers (the “Board”) may use non-tax levy funds to fund health care services, including public health services, mental health and mental retardation services, emergency medical services, health services provided to persons confined in jail facilities, and for other health related purposes; and §281.094(b) provides that the Board may use funds from any source to fund indigent health care.
DISCUSSION
The proposed legislation is to eliminate any potential ambiguity relating to and confirm the use of the Hospital District’s funds from any source for intergovernmental transfers from the District to the State to provide the nonfederal share of Medicaid supplemental payment program or waiver program payments, including any payments available through an 1115 waiver program, or other similar payments for healthcare providers located in or outside of the District by amending Texas Health and Safety Code, §281.094(b) to so provide.

Due to a recent change in State administrative rules governing Medicaid-related intergovernmental transfers, the Hospital District desires to eliminate any potential ambiguity relating to and confirm the use of the District’s funds from any source for intergovernmental transfers from the District to the State to provide the nonfederal share of Medicaid supplemental payment program or waiver program payments, including any payments available through an 1115 waiver program, or other similar payments for healthcare providers located in or outside of the District.  The Hospital District’s Board of Managers, at its meeting held on January 22, 2013, approved pursuit of the above proposed legislation and adopted a related supporting resolution.

Fiscal Analysis. The Hospital District will not realize any additional costs if this proposed legislation is enacted.

Budget Information
Information about available funds
Budgeted: Funds Available: Adjustment: Amount Available:
Unbudgeted: Funds NOT Available: Amendment:
Account Code(s) for Available Funds
1:
Fund Transfers

Attachments
Resolution - Commissioners Court
Board of Managers Resolution
Legislation text

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