1 Tex. Admin. Code § 355.8707 - Notification Requirements for the Creation of a Local Provider Participation Fund (LPPF)
(a) A local government,
as defined in Texas Health and Safety Code Chapter 300, or a district, as
defined in Texas Health and Safety Code Chapter 300A, that creates a new local
provider participation fund (LPPF) as authorized by those chapters must send
HHSC notice of the creation of a new LPPF according to the following
procedures.
(1) HHSC must receive notice of a
newly created LPPF electronically to PFD_LFM@hhs.texas.gov no later than 10
business days from the date of the local government or district's creation of
the LPPF.
(2) The notice must
contain the following.
(A) Contact
information for at least two employees, board members, or elected officials of
the local government or district authorized to implement an LPPF, as well as
any individuals the local government or district authorizes to receive
informational updates related to LPPF formation and reporting. Contact
information shall include:
(i) full
names;
(ii) titles and description
of involvement with the LPPF (if not an employee, board member, or elected
official of the local government or district);
(iii) email addresses; and
(iv) phone numbers.
(B) Audio recordings of discussions or
written minutes from public meetings, such as commissioner's court meetings or
hospital district board meetings, that document the approval of LPPF formation
and any associated rate setting.
(C) Resolution approving rules and procedures
for LPPF mandatory assessment payments.
(D) Resolution authorizing the formation of
the LPPF, collection of a mandatory assessment payment, and use of funds from
the mandatory assessment payments.
(E) Public notices from a hardcopy or digital
source, such as a newspaper article, notifying providers in the jurisdiction of
the intent to create an LPPF and set associated rates.
(F) Copies of written notice provided to the
chief operating officer of each provider that will be required to pay a
mandatory assessment.
(G) Invoices
or other records of LPPF mandatory assessments and payments received from
providers, if any, have been made at the time notice is provided to
HHSC.
(H) Any agreements between
the local government or district implementing the LPPF (including a local
government that created the district under Texas Health and Safety Code §
300A.0021) and
a health care provider or entity related to a health care provider that is
required to pay a mandatory assessment, if applicable.
(3) On receipt of a notice for the creation
of an LPPF, HHSC:
(A) acknowledges receipt of
the notice to the local government or district; and
(B) reviews the information submitted by the
local government or district.
(i) HHSC may
request additional information from the local government or district. The
additional information must be received by HHSC no later than 10 business days
from the date of the written request for additional information.
(ii) HHSC will extend this deadline for an
additional 10 business days if it receives a request for the extension prior to
the initial 10 business day due date. A request for an extension that is not
received by the stated deadline will not be
accepted.
(4)
No local government or district may transfer local funds generated by an LPPF
to HHSC via intergovernmental transfer (IGT) until it has completed the
following steps.
(A) Notify HHSC of the
creation of the LPPF in accordance with this section and receive acknowledgment
of receipt from HHSC.
(B) Provide
HHSC documentation that the governmental entity has completed the following:
(i) Established a distinct bank account for
the LPPF that is not commingled with other funds of the governmental
entity.
(ii) Established a unique
TEXNET account for the LPPF through the Texas Comptroller of Public Accounts
that allows transfers from only the distinct bank account identified in clause
(i) of this subparagraph.
(iii)
Emailed PFD_Payments@hhs.texas.gov to confirm that the bank account HHSC has on
file for issuing LPPF account refunds matches the distinct bank account
identified in clause (i) of this subparagraph.
(C) Provide HHSC with any additional
information requested by HHSC as provided in this
section.
(b)
Any local government or district that creates an LPPF is subject to annual
reporting requirements under 1 TAC Chapter 355, Subchapter L (relating to Local
Funds Monitoring).
Notes
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