CHAPTER 311. POWERS AND DUTIES OF HOSPITALS

HEALTH AND SAFETY CODE

TITLE 4. HEALTH FACILITIES

SUBTITLE F. POWERS AND DUTIES OF HOSPITALS

CHAPTER 311. POWERS AND DUTIES OF HOSPITALS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 311.001. SPECIAL HOSPITAL REQUIREMENTS FOR GRADUATE OF

FOREIGN MEDICAL SCHOOL PROHIBITED. (a) A hospital may not, as a

condition to beginning a hospital internship or residency,

require a United States citizen who resides in this state and who

holds a diploma from a medical school outside the United States

that is listed in the World Directory of Medical Schools

published by the World Health Organization to:

(1) take an examination other than an examination required by

the Texas State Board of Medical Examiners to be taken by a

graduate of a medical school in the United States before allowing

that graduate to begin an internship or residency;

(2) complete a period of internship or graduate clinical

training; or

(3) be certified by the Educational Council for Foreign Medical

Graduates.

(b) This section applies only to a hospital that:

(1) is licensed by this state;

(2) is operated by this state or a political subdivision of this

state; or

(3) receives direct or indirect state financial assistance.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 311.002. ITEMIZED STATEMENT OF BILLED SERVICES. (a) Each

hospital shall develop, implement, and enforce a written policy

for the billing of hospital services and supplies. The policy

must include:

(1) a periodic review of the itemized statements required by

Subsection (b); and

(2) a procedure for handling complaints relating to billed

services.

(b) Not later than the 30th business day after the date of the

hospital discharge of a person who receives hospital services,

the hospital shall provide on request an itemized statement of

the billed services provided to the person. The itemized

statement must:

(1) be printed in a conspicuous manner;

(2) list the date services and supplies were provided;

(3) state whether:

(A) a claim has been submitted to a third party payor; and

(B) a third party payor has paid the claim;

(4) if payment is not required, state that payment is not

required:

(A) in a typeface that is bold-faced, capitalized, underlined,

or otherwise set out from surrounding written material; or

(B) by other reasonable means so as to be conspicuous that

payment is not required; and

(5) contain the telephone number of the facility to call for an

explanation of acronyms, abbreviations, and numbers used to

describe the services provided or supplies used or any other

questions regarding the bill.

(c) Before a person is discharged from a hospital, the hospital

shall inform the person of the availability of the statement.

(d) To be entitled to receive a statement, a person must request

the statement not later than one year after the date on which the

person is discharged from the hospital. The hospital shall

provide the statement to the person not later than the 30th day

after the date on which the person requests the statement.

(e) A hospital shall provide an itemized statement of billed

services to a third party payor who is actually or potentially

responsible for paying all or part of the billed services

provided to a patient and who has received a claim for payment of

those services. To be entitled to receive a statement, the third

party payor must request the statement from the hospital and must

have received a claim for payment. The request must be made not

later than one year after the date on which the payor received

the claim for payment. The hospital shall provide the statement

to the payor not later than the 30th day after the date on which

the payor requests the statement. If a third party payor receives

a claim for payment of part but not all of the billed services,

the third party payor may request an itemized statement of only

the billed services for which payment is claimed or to which any

deduction or copayment applies.

(f) If a person, including a third party payor, requests more

than two copies of the statement, the hospital may charge a

reasonable fee for the third and subsequent copies provided to

that person. The fee may not exceed the hospital's cost to copy,

process, and deliver the copy to the person.

(g) The Texas Department of Health or other appropriate

licensing agency may enforce this section by assessing an

administrative penalty, obtaining an injunction, or providing any

other appropriate remedy, including suspending, revoking, or

refusing to renew a hospital's license.

(h) In this section, "hospital" includes:

(1) a treatment facility licensed under Chapter 464; and

(2) a mental health facility licensed under Chapter 577.

(i) This section does not apply to a hospital maintained or

operated by the federal government.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1993, 73rd Leg., ch. 903, Sec. 2.01, eff. Aug.

30, 1993; Acts 1999, 76th Leg., ch. 610, Sec. 2, eff. Sept. 1,

1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

997, Sec. 5, eff. September 1, 2007.

Sec. 311.0025. AUDITS OF BILLING. (a) A hospital, treatment

facility, mental health facility, or health care professional may

not submit to a patient or a third party payor a bill for a

treatment that the hospital, facility, or professional knows was

not provided or knows was improper, unreasonable, or medically or

clinically unnecessary.

(b) If the appropriate licensing agency receives a complaint

alleging a violation of Subsection (a), the agency may audit the

billings and patient records of the hospital, treatment facility,

mental health facility, or health care professional.

(c) A hospital, treatment facility, mental health facility, or

health care professional that violates Subsection (a) is subject

to disciplinary action, including denial, revocation, suspension,

or nonrenewal of the license of the hospital, facility, or

professional. Disciplinary action taken under this section is in

addition to any other civil, administrative, or criminal penalty

provided by law.

(d) In this section:

(1) "Health care professional" means an individual licensed,

certified, or regulated by a health care regulatory agency who is

eligible for reimbursement for treatment ordered or rendered by

that professional.

(2) "Hospital" means a hospital licensed under Chapter 241.

(3) "Mental health facility" means a mental health facility

licensed under Chapter 577.

(4) "Treatment facility" means a treatment facility licensed

under Chapter 464.

(e) A licensing agency may not take disciplinary action against

a hospital, treatment facility, mental health facility, or health

care professional for unknowing and isolated billing errors.

Added by Acts 1993, 73rd Leg., ch. 903, Sec. 2.02, eff. Aug. 30,

1993. Amended by Acts 1999, 76th Leg., ch. 1271, Sec. 1, eff.

Sept. 1, 1999.

Sec. 311.003. REIMBURSEMENT FOR INFANT TRANSPORT TO HOSPITAL

NEONATAL INTENSIVE CARE UNIT. (a) A hospital that agrees to

admit an infant into its level III neonatal intensive care unit

shall pay for the part of the cost of transporting the infant to

the hospital from any location in this state that the hospital

administrator determines cannot be paid:

(1) by a member of the infant's immediate family or other person

legally responsible for the infant's support through personal

means; or

(2) by insurance or another benefit system that pays for

transportation for that purpose.

(b) A hospital is entitled to receive state reimbursement for

funds spent by the hospital under Subsection (a).

(c) The Texas Department of Health shall administer the state

funds for reimbursement under this section, and may spend not

more than $100,000 each fiscal year from earned federal funds or

private donations to implement this section.

(d) The Texas Board of Health shall adopt rules that establish

qualifications for reimbursement and provide procedures for

applying for reimbursement.

(e) In this section, "level III neonatal intensive care unit"

means a neonatal care unit that complies with standards adopted

by the American Academy of Pediatrics.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

SUBCHAPTER B. EMERGENCY SERVICES

Sec. 311.021. DEFINITION. In this subchapter, "emergency

services" means services that are usually and customarily

available at a hospital and that must be provided immediately to:

(1) sustain a person's life;

(2) prevent serious permanent disfigurement or loss or

impairment of the function of a body part or organ; or

(3) provide for the care of a woman in active labor or, if the

hospital is not equipped for that service, to provide necessary

treatment to allow the woman to travel to a more appropriate

facility without undue risk of serious harm.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 311.022. DISCRIMINATION PROHIBITED IN DENIAL OF SERVICES;

CRIMINAL PENALTIES. (a) An officer, employee, or medical staff

member of a general hospital may not deny emergency services

because a person cannot establish the person's ability to pay for

the services or because of the person's race, religion, or

national ancestry if:

(1) the services are available at the hospital; and

(2) the person is diagnosed by a licensed physician as requiring

those services.

(b) An officer or employee of a general hospital may not deny a

person in need of emergency services access to diagnosis by a

licensed physician on the hospital staff because the person

cannot establish the person's ability to pay for the services or

because of the person's race, religion, or national ancestry.

(c) In addition, the person needing emergency services may not

be subjected to arbitrary, capricious, or unreasonable

discrimination based on age, sex, physical condition, or economic

status.

(d) An officer, employee, or medical staff member of a general

hospital commits an offense if that person recklessly violates

this section. An offense under this subsection is a Class B

misdemeanor, except that if the offense results in permanent

injury, permanent disability, or death, the offense is a Class A

misdemeanor.

(e) An officer, employee, or medical staff member of a general

hospital commits an offense if that person intentionally or

knowingly violates this section. An offense under this subsection

is a Class A misdemeanor, except that if, as a direct result of

the offense, a person denied emergency services dies, the offense

is a felony of the third degree.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 311.023. NO LIABILITY FOR FAILURE TO PROVIDE EMERGENCY

SERVICES AFTER GOOD FAITH EFFORT. An employee of a general

hospital that does not have physician services available at the

time of an emergency is not in violation of Section 311.022 if,

after a reasonable good faith effort, a physician fails to

provide or delegate the provision of medical services as required

by state statutes.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 311.024. PAYMENT FOR SERVICES REQUIRED. This subchapter

does not relieve a person of that person's obligation to pay for

services provided by a hospital if the person can pay for those

services.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

SUBCHAPTER C. HOSPITAL DATA REPORTING AND COLLECTION SYSTEM

Sec. 311.031. DEFINITIONS. In this subchapter:

(1) "Board" means the Texas Board of Health.

(2) "Charity care" means the unreimbursed cost to a hospital of:

(A) providing, funding, or otherwise financially supporting

health care services on an inpatient or outpatient basis to a

person classified by the hospital as "financially indigent" or

"medically indigent"; and/or

(B) providing, funding, or otherwise financially supporting

health care services provided to financially indigent persons

through other nonprofit or public outpatient clinics, hospitals,

or health care organizations.

(3) "Contractual allowances" means the difference between

revenue at established rates and amounts realizable from

third-party payors under contractual agreements.

(4) "Department" means the Texas Department of Health.

(5) "Donations" means the unreimbursed costs of providing cash

and in-kind services and gifts, including facilities, equipment,

personnel, and programs, to other nonprofit or public outpatient

clinics, hospitals, or health care organizations.

(6) "Education-related costs" means the unreimbursed cost to a

hospital of providing, funding, or otherwise financially

supporting educational benefits, services, and programs

including:

(A) education of physicians, nurses, technicians, and other

medical professionals and health care providers;

(B) provision of scholarships and funding to medical schools,

colleges, and universities for health professions education;

(C) education of patients concerning diseases and home care in

response to community needs; and

(D) community health education through informational programs,

publications, and outreach activities in response to community

needs.

(7) "Financially indigent" means an uninsured or underinsured

person who is accepted for care with no obligation or a

discounted obligation to pay for the services rendered based on

the hospital's eligibility system.

(8) "Government-sponsored indigent health care" means the

unreimbursed cost to a hospital of providing health care services

to recipients of Medicaid and other federal, state, or local

indigent health care programs, eligibility for which is based on

financial need.

(9) "Health care organization" means a nonprofit or public

organization that provides, funds, or otherwise financially

supports health care services provided to financially indigent

persons.

(10) "Hospital" means:

(A) a general or special hospital licensed under Chapter 241;

(B) a private mental hospital licensed under Chapter 577; and

(C) a treatment facility licensed under Chapter 464.

(11) "Hospital eligibility system" means the financial criteria

and procedure used by a hospital to determine if a patient is

eligible for charity care. The system shall include income levels

and means testing indexed to the federal poverty guidelines;

provided, however, that a hospital may not establish an

eligibility system which sets the income level eligible for

charity care lower than that required by counties under Section

61.023 or higher, in the case of the financially indigent, than

200 percent of the federal poverty guidelines. A hospital may

determine that a person is financially or medically indigent

pursuant to the hospital's eligibility system after health care

services are provided.

(12) "Hospital system" means a system of local nonprofit

hospitals under the common governance of a single corporate

parent that are located within a radius of not more than 125

linear miles of the corporate parent.

(13) "Medically indigent" means a person whose medical or

hospital bills after payment by third-party payors exceed a

specified percentage of the patient's annual gross income,

determined in accordance with the hospital's eligibility system,

and the person is financially unable to pay the remaining bill.

(14) "Research-related costs" means the unreimbursed cost to a

hospital of providing, funding, or otherwise financially

supporting facilities, equipment, and personnel for medical and

clinical research conducted in response to community needs.

(15) "Subsidized health services" means those services provided

by a hospital in response to community needs for which the

reimbursement is less than the hospital's cost for providing the

services and which must be subsidized by other hospital or

nonprofit supporting entity revenue sources. Subsidized health

services may include but are not limited to:

(A) emergency and trauma care;

(B) neonatal intensive care;

(C) free-standing community clinics; and

(D) collaborative efforts with local government or private

agencies in preventive medicine, such as immunization programs.

(16) "Unreimbursed costs" means the costs a hospital incurs for

providing services after subtracting payments received from any

source for such services including but not limited to the

following: third-party insurance payments; Medicare payments;

Medicaid payments; Medicare education reimbursements; state

reimbursements for education; payments from drug companies to

pursue research; grant funds for research; and disproportionate

share payments. For purposes of this definition, the term "costs"

shall be calculated by applying the cost to charge ratios derived

in accordance with generally accepted accounting principles for

hospitals to billed charges. The calculation of the cost to

charge ratios shall be based on the most recently completed and

audited prior fiscal year of the hospital or hospital system.

Prior to January 1, 1996, for purposes of this definition,

charitable contributions and grants to a hospital, including

transfers from endowment or other funds controlled by the

hospital or its nonprofit supporting entities, shall not be

subtracted from the costs of providing services for purposes of

determining unreimbursed costs. After January 1, 1996, for

purposes of this definition, charitable contributions and grants

to a hospital, including transfers from endowment or other funds

controlled by the hospital or its nonprofit supporting entities,

shall not be subtracted from the costs of providing services for

purposes of determining the unreimbursed costs of charity care

and government-sponsored indigent health care.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1993, 73rd Leg., ch. 360, Sec. 1, eff. Sept. 1,

1993; Acts 1993, 73rd Leg., ch. 705, Sec. 6.01, eff. Sept. 1,

1993; Acts 1995, 74th Leg., ch. 781, Sec. 1, eff. Sept. 1, 1995.

Sec. 311.032. DEPARTMENT ADMINISTRATION OF HOSPITAL REPORTING

AND COLLECTION SYSTEM. (a) The department shall establish a

uniform reporting and collection system for hospital financial

and utilization data.

(b) The board shall adopt necessary rules consistent with this

subchapter to govern the reporting and collection of data.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 726, Sec. 2, eff. Sept. 1,

1995.

Sec. 311.033. FINANCIAL AND UTILIZATION DATA REQUIRED. (a) A

hospital shall submit to the department financial and utilization

data for that hospital, including data relating to the

hospital's:

(1) total gross revenue, including:

(A) Medicare gross revenue;

(B) Medicaid gross revenue;

(C) other revenue from state programs;

(D) revenue from local government programs;

(E) local tax support;

(F) charitable contributions;

(G) other third party payments;

(H) gross inpatient revenue; and

(I) gross outpatient revenue;

(2) total deductions from gross revenue, including:

(A) contractual allowance; and

(B) any other deductions;

(3) charity care;

(4) bad debt expense;

(5) total admissions, including:

(A) Medicare admissions;

(B) Medicaid admissions;

(C) admissions under a local government program;

(D) charity care admissions; and

(E) any other type of admission;

(6) total discharges;

(7) total patient days;

(8) average length of stay;

(9) total outpatient visits;

(10) total assets;

(11) total liabilities;

(12) estimates of unreimbursed costs of subsidized health

services reported separately in the following categories:

(A) emergency care and trauma care;

(B) neonatal intensive care;

(C) free-standing community clinics;

(D) collaborative efforts with local government or private

agencies in preventive medicine, such as immunization programs;

and

(E) other services that satisfy the definition of "subsidized

health services" contained in Section 311.031(13);

(13) donations;

(14) total cost of reimbursed and unreimbursed research;

(15) total cost of reimbursed and unreimbursed education

separated into the following categories:

(A) education of physicians, nurses, technicians, and other

medical professionals and health care providers;

(B) scholarships and funding to medical schools, colleges, and

universities for health professions education;

(C) education of patients concerning diseases and home care in

response to community needs;

(D) community health education through informational programs,

publications, and outreach activities in response to community

needs; and

(E) other educational services that satisfy the definition of

"education-related costs" under Section 311.031(6).

(b) The data must be based on the hospital's most recent audited

financial records.

(c) The data must be submitted in the form and at the time

established by the department.

(d) A hospital that does not submit to the department the data

required under this section is subject to civil penalties under

Section 104.043.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1993, 73rd Leg., ch. 360, Sec. 2, eff. Sept. 1,

1993.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

797, Sec. 11, eff. June 19, 2009.

Sec. 311.0335. MENTAL HEALTH AND CHEMICAL DEPENDENCY DATA. (a)

A hospital that provides mental health or chemical dependency

services shall submit to the department financial and utilization

data relating to the mental health and chemical dependency

services provided by the hospital, including data for inpatient

and outpatient services relating to:

(1) patient demographics, including race, ethnicity, age,

gender, and county of residence;

(2) admissions;

(3) discharges, including length of inpatient treatment;

(4) specific diagnoses and procedures according to criteria

prescribed by the Diagnostic and Statistical Manual of Mental

Disorders, 3rd Edition, Revised, or a later version prescribed by

the department;

(5) total charges and the components of the charges;

(6) payor sources; and

(7) use of mechanical restraints.

(b) The data must be submitted in the form and at the time

established by the department.

Added by Acts 1993, 73rd Leg., ch. 705, Sec. 6.02, eff. Sept. 1,

1993.

Sec. 311.035. USE OF DATA. (a) The department shall use the

data collected under this subchapter to publish an annual report

regarding:

(1) the amount of charity care, bad debt, and other

uncompensated care hospitals provide;

(2) the use of hospital services by indigent patients; and

(3) the effect of indigent care services on hospitals.

(b) Repealed by Acts 1995, 74th Leg., ch. 726, Sec. 5(1), eff.

Sept. 1, 1995.

(c) The department shall enter into an interagency agreement

with the Texas Department of Mental Health and Mental

Retardation, Texas Commission on Alcohol and Drug Abuse, and

Texas Department of Insurance relating to the mental health and

chemical dependency data collected under Section 311.0335. The

agreement shall address the collection, analysis, and sharing of

the data by the agencies.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1993, 73rd Leg., ch. 705, Sec. 6.03, eff. Sept.

1, 1993; Acts 1995, 74th Leg., ch. 726, Sec. 3, 5(1), eff. Sept.

1, 1995.

Sec. 311.036. DATA VERIFICATION. (a) Before the department may

publish the report required by Section 311.035 or provide data to

the public in any other manner, the department shall give each

hospital a copy of the preliminary report or provide the hospital

an opportunity in some other manner to verify the data relating

to that hospital.

(b) If a hospital does not submit corrected data before the 31st

day after the date on which the hospital receives the preliminary

report or other data, the department shall presume that the data

is correct.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 311.037. CONFIDENTIAL DATA; CRIMINAL PENALTY. (a) The

following data reported or submitted to the department under this

subchapter is confidential:

(1) data regarding a specific patient; or

(2) financial data regarding a provider or facility submitted to

the department before September 1, 1987. All financial data

regarding a provider or facility submitted after September 1,

1987, are no longer confidential.

(b) Before the department may disclose confidential data under

this subchapter, the department must remove any information that

identifies a specific patient.

(c) A person commits an offense if the person:

(1) discloses, distributes, or sells confidential data obtained

under this subchapter; or

(2) violates Subsection (b).

(d) An offense under Subsection (c) is a Class B misdemeanor.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1993, 73rd Leg., ch. 360, Sec. 3, eff. Sept. 1,

1993.

Sec. 311.039. EXEMPTION. A hospital may, but is not required

to, provide the data required by Section 311.033 if the hospital:

(1) is exempt from state franchise, sales, ad valorem, or other

state or local taxes; and

(2) does not seek or receive reimbursement for providing health

care services to patients from any source, including:

(A) the patient or any person legally obligated to support the

patient;

(B) a third party payor; or

(C) Medicaid, Medicare, or any other federal, state, or local

program for indigent health care.

Added by Acts 1997, 75th Leg., ch. 261, Sec. 15, eff. Sept. 1,

1997.

SUBCHAPTER D. COMMUNITY BENEFITS AND CHARITY CARE

Sec. 311.041. POLICY STATEMENT. It is the purpose of this

subchapter to clarify and set forth the duties, responsibilities,

and benefits that apply to hospitals for providing community

benefits that include charity care.

Added by Acts 1993, 73rd Leg., ch. 360, Sec. 4, eff. Sept. 1,

1993. Amended by Acts 2003, 78th Leg., ch. 204, Sec. 22.01, eff.

Sept. 1, 2003.

Sec. 311.042. DEFINITIONS. In this subchapter:

(1) "Charity care" means those amounts defined as charity care

in Section 311.031(2).

(2) "Community benefits" means the unreimbursed cost to a

hospital of providing charity care, government-sponsored indigent

health care, donations, education, government-sponsored program

services, research, and subsidized health services. Community

benefits does not include the cost to the hospital of paying any

taxes or other governmental assessments.

(3) "Contributions" means the dollar value of cash donations and

the fair market value at the time of donation of in-kind

donations to the hospital from individuals, organizations, or

other entities. Contributions does not include the value of a

donation designated or otherwise restricted by the donor for

purposes other than charity care.

(4) "Donations" means those amounts defined as donations in

Section 311.031(5).

(5) "Education-related costs" means those amounts defined as

education-related costs in Section 311.031(6).

(6) "Government-sponsored indigent health care" means those

amounts defined as government-sponsored indigent health care in

Section 311.031(8).

(7) "Government-sponsored program unreimbursed costs" means the

unreimbursed cost to the hospital of providing health care

services to the beneficiaries of Medicare, the Civilian Health

and Medical Program of the Uniformed Services, and other federal,

state, or local government health care programs.

(8) "Net patient revenue" is an accounting term and shall be

calculated in accordance with generally accepted accounting

principles for hospitals.

(9)(A) "Nonprofit hospital" means a hospital that is:

(i) eligible for tax-exempt bond financing; or

(ii) exempt from state franchise, sales, ad valorem, or other

state or local taxes; and

(iii) organized as a nonprofit corporation or a charitable trust

under the laws of this state or any other state or country.

(B) For purposes of this subchapter, a "nonprofit hospital"

shall not include a hospital that:

(i) is exempt from state franchise, sales, ad valorem, or other

state or local taxes;

(ii) does not receive payment for providing health care services

to any inpatients or outpatients from any source including but

not limited to the patient or any person legally obligated to

support the patient, third-party payors, Medicare, Medicaid, or

any other federal, state, or local indigent care program; payment

for providing health care services does not include charitable

donations, legacies, bequests, or grants or payments for

research; and

(iii) does not discriminate on the basis of inability to pay,

race, color, creed, religion, or gender in its provision of

services; or

(iv) is located in a county with a population under 50,000 where

the entire county or the population of the entire county has been

designated as a Health Professionals Shortage Area.

(10) "Nonprofit supporting entities" means nonprofit entities

created by the hospital or its parent entity to further the

charitable purposes of the hospital and that are owned or

controlled by the hospital or its parent entity.

(11) "Research-related costs" means those amounts defined as

research-related costs in Section 311.031(12).

(12) "Tax-exempt benefits" means all of the following,

calculated in accordance with standard accounting principles for

hospitals for tax purposes using the applicable statutes, rules,

and regulations regarding the calculation of these taxes:

(A) the dollar amount of federal, state, and local taxes

foregone by a nonprofit hospital and its nonprofit supporting

entities. For purposes of this definition federal, state, and

local taxes include income, franchise, ad valorem, and sales

taxes;

(B) the dollar amount of contributions received by a nonprofit

hospital and its nonprofit supporting entities; and

(C) the value of tax-exempt bond financing received by a

nonprofit hospital and its nonprofit supporting entities.

(13) "Subsidized health services" means those amounts defined as

subsidized health services in Section 311.031(13).

(14) "Unreimbursed costs" means costs as defined in Section

311.031(14).

(15) "Hospital system" means a system of local nonprofit

hospitals under the common governance of a single corporate

parent that are located within a radius of not more than 125

linear miles of the corporate parent.

Added by Acts 1993, 73rd Leg., ch. 360, Sec. 4, eff. Sept. 1,

1993; Acts 1995, 74th Leg., ch. 781, Sec. 2, eff. Sept. 1, 1995.

Sec. 311.043. DUTY OF NONPROFIT HOSPITALS TO PROVIDE COMMUNITY

BENEFITS. (a) A nonprofit hospital shall provide health care

services to the community and shall comply with all federal,

state, and local government requirements for tax exemption in

order to maintain such exemption. These health care services to

the community shall include charity care and government-sponsored

indigent health care and may include other components of

community benefits as both terms are defined in Sections 311.031

and 311.042.

(b) In order to qualify as a charitable organization under

Sections 11.18(d)(1), 151.310(a)(2) and (e), and 171.063(a)(1),

Tax Code, and to satisfy the requirements of this subchapter, a

nonprofit hospital shall provide community benefits, which

include charity care and government-sponsored indigent health

care, in an amount that satisfies the requirements of Section

311.045. A determination of the amount of charity care and

government-sponsored indigent health care provided by a hospital

shall be based on the most recently completed and audited prior

fiscal year of the hospital.

(c) Reductions in the amount of community benefits, which

includes charity care and government-sponsored indigent health

care, provided by a nonprofit hospital shall be considered

reasonable when the financial reserves of the hospital are

reduced to such a level that the hospital would be in violation

of any applicable bond covenants, when necessary to prevent the

hospital from endangering its ability to continue operations, or

if the hospital, as a result of a natural or other disaster, is

required substantially to curtail its operations.

(d) A hospital's admissions policy must provide for the

admission of financially indigent and medically indigent persons

pursuant to its charity care requirements as set forth in this

subchapter.

Added by Acts 1993, 73rd Leg., ch. 360, Sec. 4, eff. Sept. 1,

1993.

Sec. 311.044. COMMUNITY BENEFITS PLANNING BY NONPROFIT

HOSPITALS. (a) A nonprofit hospital shall develop:

(1) an organizational mission statement that identifies the

hospital's commitment to serving the health care needs of the

community; and

(2) a community benefits plan defined as an operational plan for

serving the community's health care needs that sets out goals and

objectives for providing community benefits that include charity

care and government-sponsored indigent health care, as the terms

community benefits, charity care, and government-sponsored

indigent health care are defined by Sections 311.031 and 311.042,

and that identifies the populations and communities served by the

hospital.

(b) When developing the community benefits plan, the hospital

shall consider the health care needs of the community as

determined by community-wide needs assessments. For purposes of

this subsection, "community" means the primary geographic area

and patient categories for which the hospital provides health

care services; provided, however, that the primary geographic

area shall at least encompass the entire county in which the

hospital is located.

(c) The hospital shall include at least the following elements

in the community benefits plan:

(1) mechanisms to evaluate the plan's effectiveness, including

but not limited to a method for soliciting the views of the

communities served by the hospital;

(2) measurable objectives to be achieved within a specified time

frame; and

(3) a budget for the plan.

(d) In determining the community-wide needs assessment required

by Subsection (b), a nonprofit hospital shall consider consulting

with and seeking input from representatives of the following

entities or organizations located in the community as defined by

Subsection (b):

(1) the local health department;

(2) the public health region under Chapter 121;

(3) the public health district;

(4) health-related organizations, including a health

professional association or hospital association;

(5) health science centers;

(6) private business;

(7) consumers;

(8) local governments; and

(9) insurance companies and managed care organizations with an

active market presence in the community.

(e) Representatives of a nonprofit hospital shall consider

meeting with representatives of the entities and organizations

listed in Subsection (d) to assess the health care needs of the

community and population served by the nonprofit hospital.

Added by Acts 1993, 73rd Leg., ch. 360, Sec. 4, eff. Sept. 1,

1993. Amended by Acts 1997, 75th Leg., ch. 1101, Sec. 1, eff.

Sept. 1, 1997.

Sec. 311.045. COMMUNITY BENEFITS AND CHARITY CARE REQUIREMENTS.

(a) A nonprofit hospital or hospital system shall annually

satisfy the requirements of this subchapter and of Sections

11.18(d)(1), 151.310(a)(2) and (e), and 171.063(a)(1), Tax Code,

to provide community benefits which include charity care and

government-sponsored indigent health care by complying with one

or more of the standards set forth in Subsection (b). The

hospital or hospital system shall file a statement with the

Bureau of State Health Data and Policy Analysis at the department

and the chief appraiser of the local appraisal district no later

than the 120th day after the hospital's or hospital system's

fiscal year ends, stating which of the standards in Subsection

(b) have been satisfied, provided, however, that the first report

shall be filed no later than the 120th day after the end of the

hospital's or hospital system's fiscal year ending during 1994.

For hospitals in a hospital system, the corporate parent may

elect to satisfy the charity care requirements of this subchapter

for each of the hospitals within the system on a consolidated

basis.

(b)(1) A nonprofit hospital or hospital system may elect to

provide community benefits, which include charity care and

government-sponsored indigent health care, according to any of

the following standards:

(A) charity care and government-sponsored indigent health care

are provided at a level which is reasonable in relation to the

community needs, as determined through the community needs

assessment, the available resources of the hospital or hospital

system, and the tax-exempt benefits received by the hospital or

hospital system;

(B) charity care and government-sponsored indigent health care

are provided in an amount equal to at least 100 percent of the

hospital's or hospital system's tax-exempt benefits, excluding

federal income tax; or

(C) charity care and community benefits are provided in a

combined amount equal to at least five percent of the hospital's

or hospital system's net patient revenue, provided that charity

care and government-sponsored indigent health care are provided

in an amount equal to at least four percent of net patient

revenue.

(2) For purposes of satisfying Subdivision (1)(C), a hospital or

hospital system may not change its existing fiscal year unless

the hospital or hospital system changes its ownership or

corporate structure as a result of a sale or merger.

(3) A nonprofit hospital that has been designated as a

disproportionate share hospital under the state Medicaid program

in the current fiscal year or in either of the previous two

fiscal years shall be considered to have provided a reasonable

amount of charity care and government-sponsored indigent health

care and shall be deemed in compliance with the standards in this

subsection.

(c) The providing of charity care and government-sponsored

indigent health care in accordance with Subsection (b)(1)(A)

shall be guided by the prudent business judgment of the hospital

which will ultimately determine the appropriate level of charity

care and government-sponsored indigent health care based on the

community needs, the available resources of the hospital, the

tax-exempt benefits received by the hospital, and other factors

that may be unique to the hospital, such as the hospital's volume

of Medicare and Medicaid patients. These criteria shall not be

determinative factors, but shall be guidelines contributing to

the hospital's decision, along with other factors which may be

unique to the hospital. The standards set forth in Subsections

(b)(1)(B) and (b)(1)(C) shall also not be considered

determinative of the amount of charity care and

government-sponsored indigent health care that will be considered

reasonable under Subsection (b)(1)(A).

(d) For purposes of this section, a hospital that satisfies

Subsection (b)(1)(A) or (b)(3) shall be excluded in determining a

hospital system's compliance with the standards provided by

Subsection (b)(1)(B) or (b)(1)(C).

(e) In any fiscal year that a hospital or hospital system,

through unintended miscalculation, fails to meet any of the

standards in Subsection (b), the hospital or hospital system

shall not lose its tax-exempt status without the opportunity to

cure the miscalculation in the fiscal year following the fiscal

year the failure is discovered by both meeting one of the

standards and providing an additional amount of charity care and

government-sponsored indigent health care that is equal to the

shortfall from the previous fiscal year. A hospital or hospital

system may apply this provision only once every five years.

(f) A nonprofit hospital or hospital system under contract with

a local county to provide indigent health care services under

Chapter 61 may credit unreimbursed costs from direct care

provided to an eligible county resident toward meeting the

nonprofit hospital's or system's charity care and

government-sponsored indigent health care requirement.

Added by Acts 1993, 73rd Leg., ch. 360, Sec. 4, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 781, Sec. 3, eff.

Sept. 1, 1995; Acts 1997, 75th Leg., ch. 260, Sec. 1, eff. Jan.

1, 1998; Acts 2001, 77th Leg., ch. 654, Sec. 1, eff. Sept. 1,

2001; Acts 2001, 77th Leg., ch. 1263, Sec. 78, eff. Sept. 1,

2001.

Sec. 311.0455. ANNUAL REPORT BY THE DEPARTMENT. (a) The

department shall submit to the attorney general and comptroller

not later than July 1 of each year a report listing each

nonprofit hospital or hospital system that did not meet the

requirements of Section 311.045 during the preceding fiscal year.

(b) The department shall submit to the attorney general and the

comptroller not later than November 1 of each year a report

containing the following information for each nonprofit hospital

or hospital system during the preceding fiscal year:

(1) the amount of charity care, as defined by Section 311.031,

provided;

(2) the amount of government-sponsored indigent health care, as

defined by Section 311.031, provided;

(3) the amount of community benefits, as defined by Section

311.042, provided;

(4) the amount of net patient revenue, as defined by Section

311.042, and the amount constituting four percent of net patient

revenue;

(5) the dollar amount of the hospital's or hospital system's

charity care and community benefits requirements met;

(6) a computation of the percentage by which the amount

described by Subdivision (5) is above or below the dollar amount

of the hospital's or hospital system's charity care and community

benefits requirements;

(7) the amount of tax-exempt benefits, as defined by Section

311.042, provided, if the hospital is required to report

tax-exempt benefits under Section 311.045(b)(1)(A) or (b)(1)(B);

and

(8) the amount of charity care expenses reported in the

hospital's or hospital system's audited financial statement.

(c) The department shall make the report required by Subsection

(b) available to the public and shall issue a press release

concerning the availability of the report.

(d) For purposes of Subsection (b), "nonprofit hospital"

includes the following if the hospital is not located in a county

with a population under 50,000 where the entire county or the

population of the entire county has been designated as a Health

Professionals Shortage Area:

(1) a Medicaid disproportionate share hospital; or

(2) a public hospital that is owned or operated by a political

subdivision or municipal corporation of the state, including a

hospital district or authority.

Added by Acts 1997, 75th Leg., ch. 260, Sec. 2, eff. Jan. 1,

1998.

Sec. 311.0456. ELIGIBILITY AND CERTIFICATION FOR LIMITED

LIABILITY. (a) In this section:

(1) "Department" means the Department of State Health Services.

(2) "Nonprofit hospital" has the meaning assigned by Section

311.042(9)(A).

(b) This section applies only to a nonprofit hospital or

hospital system that is certified by the department under

Subsection (d).

(c) To be eligible for certification under Subsection (d), a

nonprofit hospital or hospital system must provide:

(1) charity care in an amount equal to at least eight percent of

the net patient revenue of the hospital or hospital system during

the most recent fiscal year of the hospital or system; and

(2) at least 40 percent of the charity care provided in the

county in which the hospital is located.

(d) To be certified under this subsection, a nonprofit hospital

or hospital system must submit a written request for

certification to the department not later than May 31 of each

year stating that the hospital or system is eligible for

certification. The department must determine eligibility for

certification not later than December 31 of the year in which the

department receives the request by checking the report submitted

by the hospital or system under Section 311.033 and the statement

of community benefits and charity care submitted by the nonprofit

hospital or hospital system under Section 311.045. If a report

under Section 311.033 is not available for all hospitals in a

county in which a nonprofit hospital meeting the requirement of

Subsection (c)(1) is requesting certification, the department

shall determine the eligibility of the hospital or hospital

system using other sources of verified charity care information

available at the time of certification. The department shall

certify that the hospital or hospital system has met the

requirements for certification. The certification issued under

this subsection to a nonprofit hospital or hospital system takes

effect on December 31 of that year and expires on the anniversary

of that date.

(e) For the purposes of Subsection (b), a corporation certified

by the Texas State Board of Medical Examiners as a nonprofit

organization under Section 162.001, Occupations Code, whose sole

member is a qualifying hospital or hospital system is considered

a nonprofit hospital or hospital system.

(f) Notwithstanding any other law, the liability of a nonprofit

hospital or hospital system for noneconomic damages as defined by

Section 41.001, Civil Practice and Remedies Code, for a cause of

action that accrues during the period that the hospital or system

is certified under this section is subject to the limitations

specified by Section 101.023(b), Civil Practice and Remedies

Code, and Subsection (c) of that section does not apply. This

subsection establishes the total combined limit of liability of

the nonprofit hospital or hospital system and any employee,

officer, or director of the hospital or system for noneconomic

damages for each person and each single occurrence, as described

by Section 101.023(b), Civil Practice and Remedies Code.

Added by Acts 2003, 78th Leg., ch. 204, Sec. 22.02, eff. Sept. 1,

2003.

Amended by:

Acts 2005, 79th Leg., Ch.

376, Sec. 1, eff. June 17, 2005.

Sec. 311.046. ANNUAL REPORT OF COMMUNITY BENEFITS PLAN. (a) A

nonprofit hospital shall prepare an annual report of the

community benefits plan and shall include in the report at least

the following information:

(1) the hospital's mission statement;

(2) a disclosure of the health care needs of the community that

were considered in developing the hospital's community benefits

plan pursuant to Section 311.044(b);

(3) a disclosure of the amount and types of community benefits,

including charity care, actually provided. Charity care shall be

reported as a separate item from other community benefits;

(4) a statement of its total operating expenses computed in

accordance with generally accepted accounting principles for

hospitals from the most recent completed and audited prior fiscal

year of the hospital; and

(5) a completed worksheet that computes the ratio of cost to

charge for the fiscal year referred to in Subdivision (4) and

that includes the same requirements as Worksheet 1-A adopted by

the department in August 1994 for the 1994 "Annual Statement of

Community Benefits Standards".

(b) A nonprofit hospital shall file the annual report of the

community benefits plan with the Bureau of State Health Data and

Policy Analysis at the department. The report shall be filed no

later than April 30 of each year. In addition to the annual

report, a completed worksheet as required by Subsection (a)(5)

shall be filed no later than 10 working days after the date the

hospital files its Medicare cost report.

(c) A nonprofit hospital shall prepare a statement that notifies

the public that the annual report of the community benefits plan

is public information; that it is filed with the department; and

that it is available to the public on request from the

department. The statement shall be posted in prominent places

throughout the hospital, including but not limited to the

emergency room waiting area and the admissions office waiting

area. The statement shall also be printed in the hospital patient

guide or other material that provides the patient with

information about the admissions criteria of the hospital.

(d) Each hospital shall provide, to each person who seeks any

health care service at the hospital, notice, in appropriate

languages, if possible, about the charity care program, including

the charity care and eligibility policies of the program, and how

to apply for charity care. Such notice shall also be

conspicuously posted in the general waiting area, in the waiting

area for emergency services, in the business office, and in such

other locations as the hospital deems likely to give notice of

the charity care program and policies. Each hospital shall

annually publish notice of the hospital's charity care program

and policies in a local newspaper of general circulation in the

county. Each notice under this subsection must be written in

language readily understandable to the average reader.

(e) For purposes of this section, "nonprofit hospital" includes

the following if the hospital is not located in a county with a

population under 50,000 where the entire county or the population

of the entire county has been designated as a Health

Professionals Shortage Area:

(1) a Medicaid disproportionate share hospital; or

(2) a public hospital that is owned or operated by a political

subdivision or municipal corporation of the state, including a

hospital district or authority.

Added by Acts 1993, 73rd Leg., ch. 360, Sec. 4, eff. Sept. 1,

1993. Amended by Acts 1997, 75th Leg., ch. 260, Sec. 3, eff. Jan.

1, 1998; Acts 2001, 77th Leg., ch. 654, Sec. 2, eff. Sept. 1,

2001.

Sec. 311.0461. INFORMATIONAL MANUAL. The department shall

annually publish a manual that lists each nonprofit hospital in

this state with a brief summary of the charity care policies and

community benefits that the nonprofit hospital provides.

Added by Acts 2001, 77th Leg., ch. 654, Sec. 3, eff. Sept. 1,

2001.

Sec. 311.047. PENALTIES. The department may assess a civil

penalty against a nonprofit hospital that fails to make a report

of the community benefits plan as required under this subchapter.

The penalty may not exceed $1,000 for each day a report is

delinquent after the date on which the report is due. No penalty

may be assessed against a hospital under this subsection until 10

business days have elapsed after written notification to the

hospital of its failure to file a report.

Added by Acts 1993, 73rd Leg., ch. 360, Sec. 4, eff. Sept. 1,

1993.

Sec. 311.048. RIGHTS AND REMEDIES. The rights and remedies

provided for in this subchapter shall not limit, affect, change,

or repeal any other statutory or common-law rights or remedies

available to the state or a nonprofit hospital.

Added by Acts 1993, 73rd Leg., ch. 360, Sec. 4, eff. Sept. 1,

1993.