Amend SB 1839 on third reading by amending Floor Amendment No. 1, Second Reading, as amended, to SB 1839 on third reading as follows: 1) Amend Section 252.202, Health and Safety Code, as added by Committee Amendment 1, as amended on Second Reading, by striking the first sentence thereof and substituting the following: "(a) A quality assurance fee is imposed on each facility for which a license fee must be paid under Section 252.034 and on each ICF/MR facility owned by a community mental health and mental retardation center, as defined in Chapter 534, Subchapter A, Health and Safety Code." 2) Amend Section 252.206(d), Health and Safety Code, as added by Committee Amendment 1, as amended on Second Reading, to read as follows: "(d) Subject to legislative appropriation and this subchapter, quality assurance fees collected under this subchapter, combined with federal matching funds, will support or maintain an increase in Medicaid reimbursement for facilities. Any funds remaining after ICF/MR rates have been established for the biennium shall be transferred by the Health and Human Services Commission to the Home and Community-Based Services and Mental Retardation Local Authority waiver programs for persons with mental retardation adopted in accordance with 42 U.S.C. Section 1396n(c)." 3) Amend subsections (a) and (b) of Section 252.207, Health and Safety Code, as added by Committee Amendment 1, as amended on Second Reading, to read as follows: "(a) The Health and Human Services Commission shall use money in the quality assurance fund, together with any federal money available to match that money, to: (1) Offset allowable expenses to administer the fee under this chapter under the Medicaid program; or (2) increase reimbursement rates paid under the Medicaid program to facilities. Any funds remaining after ICF/MR rates have been established for the biennium may be transferred by the Health and Human Services Commission to the Home and Community-Based Services and Mental Retardation Local Authority waiver programs for persons with mental retardation adopted in accordance with 42 U.S.C. Section 1396n(c). (b) The Health and Human Services Commission or the department at the direction of the commission shall by rule adopt the formula by which amounts received under this section increase the reimbursement rates paid to facilities and Home and Community-Based Services and Mental Retardation Local Authority waiver programs under the Medicaid program."