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Amend CSHB 2292 by adding the following appropriately 
numbered section to the bill and renumbering subsequent sections 
accordingly:
	SECTION ____. Subchapter B, Chapter 533, Health and Safety 
Code, is amended by adding Section 533.0355 to read as follows:
	Sec. 533.0355. ALLOCATION OF DUTIES UNDER CERTAIN MEDICAID 
WAIVER PROGRAMS.  (a) In this section, "waiver program" means the 
mental retardation local authority waiver program established 
under the state Medicaid program.
	(b) A provider of services under the waiver program shall:              
		(1) develop a person directed plan and an individual 
program plan for each person who receives services from the 
provider under the waiver program;
		(2) perform justification and implementation functions 
for the plans described by Subdivision (1);
		(3) conduct case management under the waiver program, 
other than case management under Subsection (c)(4), in accordance 
with applicable state and federal laws; and
		(4) plan, coordinate, and review the provision of 
services to all persons who receive services from the service 
provider under the waiver program.
	(c) A local mental retardation authority shall:                         
		(1) manage any waiting lists for services under the 
waiver program;  
		(2) screen and assess persons who may receive services 
under the waiver program and perform any functions relating to 
inventory for those persons and agency planning assessments;
		(3) perform functions relating to consumer choice and 
enrollment for persons who receive services under the waiver 
program;
		(4) conduct case management under the waiver program 
relating to funding disputes between a service provider and the 
local mental retardation authority; and
		(5) manage an appeals process relating to decisions 
that affect a person receiving services under the waiver program.
	(d) The department shall perform all administrative 
functions under the waiver program that are not assigned to a 
service provider under Subsection (b) or to a local mental 
retardation authority under Subsection (c).  Administrative 
functions performed by the department include any surveying, 
certification, and utilization review functions required under the 
waiver program.
	(e) The department shall review case management fees paid 
under the waiver program to a community center and administrative 
fees paid under the waiver program to a service provider.  The 
review must include a comparison of fees paid before the 
implementation of this section with fees paid after the 
implementation of this section.  The department may adjust fees 
paid based on that review.
	(f) The department shall allocate the portion of the gross 
reimbursement funds paid to a local authority and a service 
provider for client services for the case management function in 
accordance with this section and to the extent allowed by law.
	(g) The department may adopt rules governing the functions of 
a local mental retardation authority or service provider under this 
section.