(a) The local provider participation fund described by Section 300C.0102 consists of:
(1) all revenue received by the district 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;
(3) money received by the district and deposited to the fund in accordance with Chapter 300A that remains in the fund on the date the district begins to operate under this chapter; and
(4) the earnings of the fund.
(b) Money deposited to the local provider participation fund may be used only to:
(1) fund intergovernmental transfers from the district to the state to provide the nonfederal share of Medicaid payments for:
(A) uncompensated care payments to nonpublic hospitals, if those payments are 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 for nonpublic hospitals in the Medicaid managed care service area in which the district is located;
(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 board, for which federal matching funds are available;
(2) subject to Section 300C.0151 (d), pay the administrative expenses of the district 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, regardless of whether the payment was collected under this chapter or Chapter 300A ; and
(4) refund to paying hospitals a proportionate share of the money that the district:
(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 district money or other money of a local government that created the district.
(d) Notwithstanding any other provision of this chapter, with respect to an intergovernmental transfer of funds described by Subsection (b)(1) made by the district, any funds received by the state, district, or other entity as a result of the transfer may not be used by the state, district, or any other entity to 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).
Added by Acts 2025, 89th Leg., R.S., Ch. 525 (H.B. 3505 ), Sec. 1, eff. June 20, 2025.
