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."