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Amend CSHB 2292 by adding the appropriately numbered section
as follows:
SECTION . Subchapter B, Chapter 531, Government Code, is
amended by adding a new Section 531.076 to read as follows:
Section 531.076 UP TO SIX-BED FACILITY MODEL AUTHORIZED.
(a) The commission shall develop a plan to permit the use of a
residential program model of a facility of up to six beds in the
Mental Retardation Medicaid Waiver program under the authority of
the Department of Mental Health and Mental Retardation.
(b) The plan described in this section shall provide for
retaining a three-bed facility model and a planned, organized
transition from the four-bed facility model to the six-bed facility
model, which shall include:
(1) the evaluation of the feasibility of, and legal
and liability considerations related to, the use of contracted
workers in a residential setting, including any impediments in
current state regulations relating to the elimination of the staff
live-in limits and consumer residential assistance delegations,
and
(2) the development of a reimbursement rate for each
residential model that considers cost factors including but not
limited to:
(A) the adequacy of the current rate structure of
the three-bed and four-bed facility models and the rate for the
six-bed facility model;
(B) the adequacy of the occupancy factor;
(C) the adequacy of the resident leave factor;
(D) the transition costs, including those
related to real estate, vehicles, federal safety standards, and
consumer movement cost factors; and
(E) the inclusion of the same wage assumptions
for direct support staff that are provided under the reimbursement
methodology for ICF-MR facilities.
(3) The plan shall be developed with the assistance of
a work group which shall include members of the staff of the
commission, representatives of public providers, private
providers, and advocates. The plan shall be submitted to the
Governor's Office of Budget and Planning, the House Appropriations
Committee, and the Senate Finance Committee not later than
September 1, 2004.