Amend SB 52 by inserting the following appropriately numbered 
sections to the bill and renumbering the subsequent sections of the 
bill accordingly:
	SECTION __.  Subchapter B, Chapter 531, Government Code, is 
amended by adding Section 531.085 to read as follows:
	Sec. 531.085.  PILOT PROGRAM FOR FUNDING COMMUNITY-BASED 
SERVICES.  (a)  In this section, "ICF-MR" has the meaning assigned 
by Section 531.002, Health and Safety Code.
	(b)  The commission shall direct the Department of Aging and 
Disability Services to develop and implement a pilot program to:
		(1)  quantify the amount of money appropriated by the 
legislature that would have been spent during the remainder of a 
state fiscal biennium to care for a person who lives in an ICF-MR 
facility administered by an ICF-MR provider selected to participate 
in the pilot program under this section, but who is leaving that 
facility before the end of the biennium to live in the community 
with the assistance of community-based services provided through a 
medical assistance waiver program; and
		(2)  notwithstanding any other state law and to the 
maximum extent allowed by federal law, transfer within the 
department's budget or among the commission and the health and 
human services agencies at the time the person leaves the facility 
the amount necessary to pay the cost of the community-based 
services provided to the person as necessary to comply with this 
section.
	(c)  The amount transferred under this section must be 
redirected by the commission or a health and human services agency 
to one or more community-based programs to provide community-based 
services to the person through a medical assistance waiver program 
after the person leaves the ICF-MR facility.
	(d)  The commission and the Department of Aging and 
Disability Services shall jointly determine criteria for selecting 
providers of ICF-MR services to participate in the pilot program 
under this section and shall jointly select at least one provider, 
but not more than five providers, for participation.  The criteria 
for selecting a provider may relate to any factor the commission and 
department consider relevant, including:
		(1)  the size and number of ICF-MR facilities the 
provider administers;
		(2)  the history of the provider's quality of care;                    
		(3)  the specific geographic area in which the provider 
provides services; or
		(4)  whether the provider is willing to convert the 
services provided from institutional services to community-based 
medical assistance waiver program services.
	(e)  The executive commissioner may adopt rules under which 
the commission may decertify an appropriate Medicaid bed for each 
person who leaves an ICF-MR facility and for whom money is 
transferred under Subsection (b) (2).
	(f)  Not later than December 1, 2006, the commission and the 
Department of Aging and Disability Services shall submit a joint 
report concerning the effectiveness of the pilot program to the 
governor and the committees of each house of the legislature that 
have primary oversight jurisdiction over health and human services 
agencies.  The report must include a recommendation regarding the 
feasibility of expanding the pilot program statewide, and analysis 
of provider and consumer experiences under the program, provider 
information related to the feasibility of expanding the program, 
and stakeholder recommendations relating to the program.  In 
preparing the report and recommendations, the commission and 
department must:
		(1)  consider consumer satisfaction with the services 
provided under the program;
		(2)  compare like provider elements, including the 
following elements with respect to each provider:
			(A)  size;                                                            
			(B)  the number of persons served;                                    
			(C)  financial viability, including rates;                            
			(D)  service transition costs;                                        
			(E)  geographic location; and                                         
			(F)  type and physical condition of facilities; 
and                 
		(3)  consider other aspects necessary to provide a 
comprehensive analysis of the program.
	SECTION __.  Not later than December 1, 2005, the Department 
of Aging and Disability Services shall implement the pilot program 
under Section 531.085, Government Code, as added by this Act.