Upshur County Indigent Care 3
by Calvin_Monasco
 “Dying in CorUpshur County”
Jun 18, 2011 | 1071 views | 0 0 comments | 162 162 recommendations | email to a friend | print | permalink

 

Dying in CorUpshur County”

 

 

Texas Statutes - Subchapter B: COUNTY RESPONSIBILITY FOR PERSONS NOT RESIDING IN AN AREA SERVED BY A PUBLIC HOSPITAL OR HOSPITAL DISTRICT

Section 61.021 APPLICATION OF SUBCHAPTER

·       Section 61.022 COUNTY OBLIGATION

·       Section 61.0221 AUTHORITY RELATING TO OTHER ASSISTANCE PROGRAMS

·       Section 61.023 GENERAL ELIGIBILITY PROVISIONS

·       Section 61.024 COUNTY APPLICATION PROCEDURE

·       Section 61.025 COUNTY AGREEMENT WITH MUNICIPALITY

·       Section 61.026 REVIEW OF ELIGIBILITY

·       Section 61.027 CHANGE IN ELIGIBILITY STATUS

·       Section 61.028 BASIC HEALTH CARE SERVICES

·       Section 61.0285 OPTIONAL HEALTH CARE SERVICES

·       Section 61.029 PROVISION OF HEALTH CARE SERVICES

·       Section 61.030 MANDATED PROVIDER

·       Section 61.031 NOTIFICATION OF PROVISION OF NONEMERGENCY SERVICES

·       Section 61.032 NOTIFICATION OF PROVISION OF EMERGENCY SERVICES

·       Section 61.033 PAYMENT FOR SERVICES

·       Section 61.034 PAYMENT STANDARDS FOR HEALTH CARE SERVICES

·       Section 61.035 LIMITATION OF COUNTY LIABILITY

·       Section 61.036 DETERMINATION OF ELIGIBILITY FOR PURPOSES OF STATE ASSISTANCE

·       Section 61.037 COUNTY ELIGIBILITY FOR STATE ASSISTANCE

·       Section 61.038 DISTRIBUTION OF ASSISTANCE FUNDS

·       Section 61.039 FAILURE TO PROVIDE STATE ASSISTANCE

·       Section 61.0395 LIMITED TO APPROPRIATED FUNDS

·       Section 61.040 TAX INFORMATION

·       Section 61.041 COUNTY REPORTING

·       Section 61.042 EMPLOYMENT SERVICES PROGRAM

·       Section 61.043 PREVENTION AND DETECTION OF FRAUD

·       Section 61.044 SUBROGATION

 

TEX HS. CODE ANN. § 61.021 : Texas Statutes - Section 61.021: APPLICATION OF SUBCHAPTER

This subchapter applies to health care services and assistance provided to a person who does not reside in the service area of a public hospital or hospital district.

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

 

TEX HS. CODE ANN. § 61.022 : Texas Statutes - Section 61.022: COUNTY OBLIGATION

(a) A county shall provide health care assistance as prescribed by this subchapter to each of its eligible county residents.

(b) The county is the payor of last resort and shall provide assistance only if other adequate public or private sources of payment are not available.

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

TEX HS. CODE ANN. § 61.0221 : Texas Statutes - Section 61.0221: AUTHORITY RELATING TO OTHER ASSISTANCE PROGRAMS

This subchapter does not affect the authority of the commissioners court of a county to provide eligibility standards or other requirements relating to assistance programs or services that are not covered by this subchapter.

Added by Acts 1999, 76th Leg., ch. 62, Sec. 13.11(g), eff. Sept. 1, 1999.

TEX HS. CODE ANN. § 61.023 : Texas Statutes - Section 61.023: GENERAL ELIGIBILITY PROVISIONS

(a) A person is eligible for assistance under this subchapter if:

(1) the person does not reside in the service area of a public hospital or hospital district;

(2) the person meets the basic income and resources requirements established by the department under Sections 61.006 and 61.008 and in effect when the assistance is requested; and

(3) no other adequate source of payment exists.

(b) A county may use a less restrictive standard of eligibility for residents than prescribed by Subsection (a). A county may credit toward eligibility for state assistance under this subchapter the services provided to each person who is an eligible resident under a standard that incorporates a net income eligibility level that is less than 50 percent of the federal poverty level based on the federal Office of Management and Budget poverty index.         

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 (c) A county may contract with the department to perform eligibility determination services.

(d) Not later than the beginning of a state fiscal year, the county shall adopt the eligibility standards it will use during that fiscal year and shall make a reasonable effort to notify the public of the standards. The county may change the eligibility standards to make them more or less restrictive than the preceding standards, but the standards may not be more restrictive than the standards established by the department under Section 61.006.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1989, 71st Leg., ch. 1100, Sec. 5.10(a), eff. Sept. 1, 1989; Acts 1999, 76th Leg., ch. 1377, Sec. 1.06, eff. Sept. 1, 1999.

Acts 1999, 76th Leg., ch. 1377, Sec. 1.04, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1128, Sec. 1, 7 eff. Sept. 1, 2001.

TEX HS. CODE ANN. § 61.024 : Texas Statutes - Section 61.024: COUNTY APPLICATION PROCEDURE

(a) A county shall adopt an application procedure.

(b) The county may use the application, documentation, and verification procedures established by the department under Sections 61.006 and 61.007 or may use a less restrictive application, documentation, or verification procedure.

(c) Not later than the beginning of a state fiscal year, the county shall specify the procedure it will use during that fiscal year to verify eligibility and the documentation required to support a request for assistance and shall make a reasonable effort to notify the public of the application procedure.

(d) The county shall furnish an applicant with written application forms.

(e) On request of an applicant, the county shall assist the applicant in filling out forms and completing the application process. The county shall inform an applicant of the availability of assistance.

(f) The county shall require an applicant to sign a written statement in which the applicant swears to the truth of the information supplied.

(g) The county shall explain to the applicant that if the application is approved, the applicant must report to the county any change in income or resources that might affect the applicant's eligibility. The report must be made not later than the 14th day after the date on which the change occurs. The county shall explain the possible penalties for failure to report a change.

(h) The county shall review each application and shall accept or deny the application not later than the 14th day after the date on which the county receives the completed application.

(i) The county shall provide a procedure for reviewing applications and for allowing an applicant to appeal a denial of assistance.

(j) The county shall provide an applicant written notification of the county's decision. If the county denies assistance, the written notification shall include the reason for the denial and an explanation of the procedure for appealing the denial.

(k) The county shall maintain the records relating to an application at least until the end of the third complete state fiscal year following the date on which the application is submitted.

(l) If an applicant is denied assistance, the applicant may resubmit an application at any time circumstances justify a redetermination of eligibility.

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

TEX HS. CODE ANN. § 61.025 : Texas Statutes - Section 61.025: COUNTY AGREEMENT WITH MUNICIPALITY

(a) This section applies to a municipality that has a population of less than 15,000, that owns, operates, or leases a hospital, and that has made a transfer agreement before August 31, 1989, by the adoption of an ordinance, resolution, or order by the commissioners court and the governing body of the municipality.

(b) The transfer agreement may transfer partial responsibility to the county under which the municipal hospital continues to provide health care services to eligible residents of the municipality, but the county agrees to assume the hospital's responsibility to reimburse other providers who provide:

(1) mandatory inpatient or outpatient services to eligible residents that the municipal hospital cannot provide; or

(2) emergency services to eligible residents.

(c) The hospital is a public hospital for the purposes of this chapter, but it does not have a responsibility to provide reimbursement for services it cannot provide or for emergency services provided in another facility.

(d) Expenditures made by the county under Subsection (b) may be credited toward eligibility for state assistance under this subchapter if the person who received the health care services meets the eligibility standards established under Section 61.052 and would have been eligible for assistance under the county program if the person had not resided in a public hospital's service area.

(e) The agreement to transfer partial responsibility to a county under this section must take effect on a September 1 that occurs not later than two years after the date on which the county and municipality agree to the transfer. A county and municipality may not revoke or amend an agreement made under this section, except that the county may revoke or amend the agreement if a hospital district is created after the effective date of the agreement and the boundaries of the district cover all or part of the county.

(f) The county, the hospital, and any other entity in the county that provides services under this chapter shall adopt coordinated application and eligibility verification procedures. In establishing the coordinated procedures, the county and other entities shall focus on facilitating the efficient and timely referral of residents to the proper entity in the county. In addition, the procedures must comply with the requirements of Sections 61.024 and 61.053. Expenditures made by a county in establishing the coordinated procedures prescribed by this section may not be credited toward eligibility for state assistance under this subchapter.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1997, 75th Leg., ch. 1103, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1377, Sec. 1.07, eff. Sept. 1, 1999.

TEX HS. CODE ANN. § 61.026 : Texas Statutes - Section 61.026: REVIEW OF ELIGIBILITY

A county shall review at least once every six months the eligibility of a resident for whom an application for assistance has been granted and who has received assistance under this chapter.

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

TEX HS. CODE ANN. § 61.027 : Texas Statutes - Section 61.027: CHANGE IN ELIGIBILITY STATUS

(a) An eligible resident must report any change in income or resources that might affect the resident's eligibility. The report must be made not later than the 14th day after the date on which the change occurs.

(b) If an eligible resident fails to report a change in income or resources as prescribed by this section and the change has made the resident ineligible for assistance under the standards adopted by the county, the resident is liable for any benefits received while ineligible. This section does not affect a person's criminal liability under any relevant statute.

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

TEX HS. CODE ANN. § 61.028 : Texas Statutes - Section 61.028: BASIC HEALTH CARE SERVICES

(a) A county shall, in accordance with department rules adopted under Section 61.006, provide the following basic health care services:

(1) primary and preventative services designed to meet the needs of the community, including:

(A) immunizations;

(B) medical screening services; and

(C) annual physical examinations;

(2) inpatient and outpatient hospital services;

(3) rural health clinics;

(4) laboratory and X-ray services;

(5) family planning services;

(6) physician services;

(7) payment for not more than three prescription drugs a month; and

(8) skilled nursing facility services, regardless of the patient's age.

(b) The county may provide additional health care services, but may not credit the assistance toward eligibility for state assistance, except as provided by Section 61.0285.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1999, 76th Leg., ch. 1377, Sec. 1.08, eff. Sept. 1, 1999.

TEX HS. CODE ANN. § 61.0285 : Texas Statutes - Section 61.0285: OPTIONAL HEALTH CARE SERVICES

(a) In addition to basic health care services provided under Section 61.028, a county may, in accordance with department rules adopted under Section 61.006, provide other medically necessary services or supplies that the county determines to be cost-effective, including:

(1) ambulatory surgical center services;

(2) diabetic and colostomy medical supplies and equipment;

(3) durable medical equipment;

(4) home and community health care services;

(5) social work services;

(6) psychological counseling services;

(7) services provided by physician assistants, nurse practitioners, certified nurse midwives, clinical nurse specialists, and certified registered nurse anesthetists;

(8) dental care;

(9) vision care, including eyeglasses;

(10) services provided by federally qualified health centers, as defined by 42 U.S.C. Section 1396d(l)(2)(B);

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