SECTION 567.36. Supervision Fees

In accordance with Texas Health and Safety Code §314A.105, the Texas Health and Human Services Commission (HHSC) may assess an annual supervision fee in an amount that is at least $75,000 but not more than $200,000 for each hospital operating under a Certificate of Public Advantage (COPA).

(1) The amount of the annual supervision fee is $100,000 for each hospital operating under the COPA. However, HHSC may decrease this amount to the statutory minimum or increase this amount to the statutory maximum by the amount needed to cover the reasonable costs incurred in supervising hospitals and in implementing and administering Texas Health and Safety Code Chapter 314A and this chapter.

(2) The amount of any increase of the annual supervision fee may not exceed 25% of the previous annual supervision fee.

(3) HHSC shall publish on its website and directly notify each hospital operating under the COPA of the amount of the supervision fee annually and at least 90 days before any increase takes effect.

(4) Each hospital operating under a COPA shall pay the first supervision fee no later than 30 calendar days after the date HHSC issues the COPA.

(5) Each hospital operating under a COPA shall pay each subsequent supervision fee no later than the anniversary of the date HHSC issued the COPA.

Source Note: The provisions of this §567.36 adopted to be effective January 1, 2023, 47 TexReg 8724