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Amend CSHB 3540 by striking Section 8.02 of the bill (page 26,
lines 13-26) and substituting:
SECTION 8.02. Subchapter B, Chapter 531, Government Code, is
amended by adding Sections 531.078–531.081 to read as follows:
Sec. 531.078. QUALITY ASSURANCE FEES ON CERTAIN WAIVER
PROGRAM SERVICES. (a) In this section, "gross receipts" means
money paid as compensation for services provided to another person.
The term does not include a charitable contribution.
(b) The executive commissioner by rule shall establish a
quality assurance fee program as provided by this section and
impose a quality assurance fee on persons providing services under
a home and community services waiver or a community living
assistance and support services waiver.
(c) The executive commissioner shall establish the fee at an
amount that will produce annual revenues of not more than six
percent of the gross receipts of a person from services the person
provides under the waiver.
(d) The executive commissioner shall adopt rules governing:
(1) the reporting required to compute and collect the
fee and the manner and times of collecting the fee; and
(2) the administration of the fee, including the
imposition of penalties for a violation of the rules.
(e) Fees collected under this section shall be deposited in
the waiver program quality assurance fee account.
Sec. 531.079. WAIVER PROGRAM QUALITY ASSURANCE FEE ACCOUNT.
(a) The waiver program quality assurance fee account is a dedicated
account in the general revenue fund. The account is exempt from the
application of Section 403.095. Interest earned on money in the
account shall be credited to the account.
(b) The account consists of fees collected under Section
531.078 and interest earned on money in the account.
(c) Subject to legislative appropriation and state and
federal law, money in the account may be appropriated only to the
commission to increase reimbursement rates paid under the home and
community services waiver program or the community living
assistance and support services waiver program or to offset
allowable expenses under the state Medicaid program.
Sec. 531.080. REIMBURSEMENT OF WAIVER PROGRAMS. Subject to
legislative appropriation and state and federal law, the commission
shall use money from the waiver program quality assurance fee
account, together with any federal money available to match money
from the account, to increase reimbursement rates paid under the
home and community services waiver program or the community living
assistance and support services waiver program.
Sec. 531.081. INVALIDITY; FEDERAL FUNDS. If any portion of
Sections 531.078–531.080 is held invalid by a final order of a court
that is not subject to appeal, or if the commission determines that
the imposition of the quality assurance fee and the expenditure of
the money collected as provided by those sections will not entitle
this state to receive additional federal money under the Medicaid
program, the commission shall:
(1) stop collection of the quality assurance fee; and
(2) not later than the 30th day after the date the
collection of the quality assurance fee is stopped, return any
money collected under Section 531.078, but not spent under Section
531.080, to the persons who paid the fees in proportion to the total
amount paid by those persons.