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.