1. (a) This chapter implements the determination, assessment, collection, and enforcement of the quality assurance fee authorized under chapter 252, Health and Safety Code, subchapter H.

2. (b) The purpose of the quality assurance fee established under this chapter is to improve the quality of care provided to persons with mental retardation as follows:

   1. (1) The quality assurance fee is intended to support and/or maintain an increase in reimbursement to licensed intermediate care facilities for the mentally retarded and facilities operated according to the requirements of chapter 252, Health and Safety Code and owned and/or operated by a community mental health and mental retardation center as described in chapter 534, subchapter A, Health and Safety Code, that participate in Medicaid program, subject to legislative appropriation for this purpose; and
   2. (2) If funds generated from the collection of quality assurance fees under this chapter are available following fulfillment of the purpose described in subsection (b)(1) of this section, such funds may be allocated to the Home and Community Based waiver program and the Mental Retardation Local Authority waiver program established pursuant to 42 U.S.C. § 1396n(c).
   3. (3) The Commission or its designee may also offset allowable expenses to administer the quality assurance fee program against revenues generated by the collection of the quality assurance fee.
3. (c) This chapter will expire on September 1, 2005, unless chapter 252, subchapter H, Health and Safety Code, is extended by the 79th Texas Legislature.

Source Note:The provisions of this §352.1 adopted to be effective November 18, 2001, 26 TexReg 9085.