S.B. No. 1830
AN ACT
relating to the continuation and operation of the quality assurance
fee program with regard to intermediate care facilities for persons
with mental retardation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 total annual gross receipts in this state.
(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.
SECTION 2. Section 252.209, Health and Safety Code, is
repealed.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1830 passed the Senate on
April 28, 2005, by the following vote: Yeas 31, Nays 0;
May 25, 2005, Senate refused to concur in House amendment and
requested appointment of Conference Committee; May 27, 2005, House
granted request of the Senate; May 29, 2005, Senate adopted
Conference Committee Report by the following vote: Yeas 31,
Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1830 passed the House, with
amendment, on May 23, 2005, by a non-record vote; May 27, 2005,
House granted request of the Senate for appointment of Conference
Committee; May 29, 2005, House adopted Conference Committee Report
by the following vote: Yeas 140, Nays 0, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor