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Amend CSSB 204 (house committee report) by striking SECTION 41 of the bill (page 39, lines 2 through 10), and substituting the following:
SECTION 41.  Section 161.080, Human Resources Code, is amended by adding Subsections (c), (d), and (e) to read as follows:
(c)  The executive commissioner by rule shall establish:
(1)  a list of services a state supported living center may provide under a contract described by Subsection (a); and
(2)  procedures for the department to create, maintain, and amend as needed a schedule of fees that a state supported living center may charge for a service included in the list established by rule of the executive commissioner.
(d)  In creating a schedule of fees, the department shall use the reimbursement rate for the applicable service under the Medicaid program.
(e)  Notwithstanding Subsection (c), a state supported living center, based on negotiations between the center and a managed care organization, as defined by Section 533.001, Government Code, may charge a fee for a service other than the fee provided by the schedule of fees created by the department under this section.