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Amend CSHB 2292 by adding the following appropriately 
numbered section and renumbering subsequent :
	SECTION __.  (a) Subchapter B, Chapter 531, Government Code, 
is amended by adding Section 531.076 to read as follows:
	Sec. 531.076.  RESPONSIBILITIES REGARDING PAY DISPARITY FOR 
DIRECT SUPPORT PROFESSIONAL SERVICES TO PERSONS WITH MENTAL 
RETARDATION.  (a) In this section:
		(1)  "Community-based providers of mental retardation 
services" means:
			(A)  community centers established under 
Subchapter A, Chapter 534, Health and Safety Code, that provide 
community-based mental retardation services; and
			(B)  private entities that provide 
community-based mental retardation services under contract with a 
local mental retardation authority under Subchapter B, Chapter 534, 
Health and Safety Code.
		(2)  "Direct support professional services" means 
services provided directly to or for the benefit of a person 
receiving mental retardation services through a state-owned or 
state-operated residential care facility or through a 
community-based provider.
		(3)  "Direct support professional services worker" 
means a person who is employed to provide direct support 
professional services.
		(4)  "Disparity amount" means the average difference 
between the wages and benefits paid to a direct support 
professional services worker employed by a community-based 
provider of mental retardation services and the wages and benefits 
paid to a comparable worker in a state-owned or state-operated 
residential care facility under the Texas Department of Mental 
Health and Mental Retardation.
		(5)  "Mental retardation services" means programs and 
services provided to a person with mental retardation under the 
state Medicaid program through:
			(A)  a community medical assistance program 
serving persons receiving care in intermediate care facilities for 
mentally retarded persons; or
			(B)  a home and community-based services waiver 
program for persons with mental retardation adopted in accordance 
with Section 1915(c) of the federal Social Security Act (42 U.S.C. 
Section 1396n(c)), as amended.
	(b)  The commission shall reimburse community-based 
providers of mental retardation services in accordance with this 
section.
	(c)  The commissioner shall determine:                                  
		(1)  the disparity amount; and                                         
		(2)  the amount by which the reimbursement rate for 
community-based providers of mental retardation services must be 
increased to reduce and eliminate the disparity amount in 
accordance with Subsection (d).
	(d)  The commissioner shall increase the amount of the direct 
support professional services cost component of the reimbursement 
rate paid to community-based providers of mental retardation 
services by an amount that will:
		(1)  reduce the disparity amount by one-third not later 
than September 1, 2005;
		(2)  reduce the disparity amount by two-thirds not 
later than September 1, 2006; and
		(3)  eliminate the disparity amount not later than 
September 1, 2007.
	(e)  Before each regular session of the legislature, the 
commissioner shall include with the commission's legislative 
appropriations request or other general budget request a request 
for the appropriation of money in an amount necessary to implement 
this section.
	(f)  After the commissioner has eliminated the disparity 
amount under Subsection (d), the commissioner shall continue to 
monitor any disparity amount that may occur and as necessary change 
the reimbursement rate for the direct support professional services 
component of the aggregate reimbursement rate paid to 
community-based providers of mental retardation services to 
equalize the wages and benefits paid to direct support professional 
services workers employed by community-based providers of mental 
retardation services and the wages and benefits paid to comparable 
workers in state-owned or state-operated residential care 
facilities.
	(g)  In determining the disparity amount, the commissioner 
shall use information available from:
		(1)  the reimbursement methodology in effect under 
rules of the commission; and
		(2)  the state employee compensation schedule used by 
the Texas Department of Mental Health and Mental Retardation.
	(h)  The amount of an increase in reimbursement paid to a 
provider of community-based mental retardation services by the 
implementation of this section shall be used to increase the 
compensation of direct support professional services workers 
employed by that provider.
	(i)  The commissioner may reduce or eliminate the disparity 
amount earlier than this section requires.
	SECTION __.  The commissioner of health and human services 
shall adopt rules necessary to implement Section 531.076, 
Government Code, as added by this section, not later than September 
1, 2004.