By Eiland                                             H.B. No. 3592
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the imposition of an additional fee on home and
 1-3     community support services agencies for the purpose of allowing the
 1-4     state to increase reimbursement rates to the agencies under the
 1-5     state Medicaid program and to qualify for more federal Medicaid
 1-6     funds.
 1-7           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-8           SECTION 1. Subchapter A, Chapter 142, Health and Safety Code,
 1-9     is amended by adding Subsection 142.0101 to read as follows:
1-10           Sec. 142.0101.  QUALITY ASSURANCE FEE. (a)  A quality
1-11     assurance fee is imposed on each home and community support
1-12     services agency licensed in the category of personal assistance
1-13     services as defined in the Chapter.  The fee is:
1-14                 (1)  equal to six percent of the agency's gross
1-15     receipts from its operations in this state;
1-16                 (2)  payable monthly;
1-17                 (3)  in addition to other fees imposed under this
1-18     chapter; and
1-19                 (4)  an allowable cost for reimbursement under the
1-20     state Medicaid program.
1-21           (b)  The Health and Human Services Commission or the
1-22     department at the direction of the commission shall collect the
1-23     fee.  Each agency shall send to the commission or department, as
 2-1     appropriate, the information that the commission or department
 2-2     requires to collect the fee from the agency.  The commission or the
 2-3     department at the direction of the commission shall prescribe the
 2-4     time by which an agency must pay the monthly fee.
 2-5           (c)  Amounts received under this section may be appropriated
 2-6     only for the purpose of paying the cost of administering this
 2-7     section and increasing the rate of reimbursement paid to agencies
 2-8     licensed under this Chapter and providing long term care under the
 2-9     state Medicaid program.  The commission or the department at the
2-10     direction of the commission shall devise the formula by which
2-11     amounts received under this section increase the rate of
2-12     reimbursement paid to agencies under the state Medicaid program.
2-13           (d)  The quality assurance fee may not be imposed and
2-14     collected if the commission determines that the imposition of the
2-15     fee and the expenditure as prescribed by this section of amounts
2-16     collected will not entitle the state to receive additional federal
2-17     funds under the Medicaid program.
2-18           SECTION 2. If before implementing any provision of this Act a
2-19     state agency determines that a waiver or authorization from a
2-20     federal agency is necessary for implementation of that provision,
2-21     the agency affected by the provision shall request the waiver or
2-22     authorization and may delay implementing that provision until the
2-23     waiver or authorization is granted.
2-24           SECTION 3. This Act takes effect on September 1, 2001.