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Amend SB 1830 (House Committee Printing) by adding the 
following appropriately numbered section:
	SECTION __.  Subchapter B, Chapter 531, Government Code, is 
amended by adding Sections 531.078 through 531.082 to read as 
follows:
	Sec. 531.078.  QUALITY ASSURANCE FEES ON CERTAIN WAIVER 
PROGRAM SERVICES.  (a)  In this section, "gross receipts" means 
money received as compensation for services under an intermediate 
care facilities for the mentally retarded waiver program such as a 
home and community services waiver or a community living assistance 
and support services waiver.  The term does not include a charitable 
contribution, revenues received for services or goods other than 
waivers, or any money received from consumers or their families as 
reimbursement for services or goods not normally covered by the 
waivers.
	(b)  The executive commissioner by rule shall modify the 
quality assurance fee program under Subchapter H, Chapter 252, 
Health and Safety Code, by providing for a quality assurance fee 
program that imposes 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 
Department of Aging and Disability Services 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 Department 
of Aging and Disability Services 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.
	Sec. 531.082.  EXPIRATION OF QUALITY ASSURANCE FEE ON WAIVER 
PROGRAMS.  If Subchapter H, Chapter 252, Health and Safety Code, 
expires, this section and Sections 531.078-531.081 expire on the 
same date.