1. (a) Quality assurance fee on State facilities . As provided in section 1(b) of the Act of June 20, 2003, 78th Leg. R.S., (Senate Bill 1862), not later than August 31, 2003, the Texas Department of Mental Health and Mental Retardation shall pay for each facility owned by the department the quality assurance fee for patient days occurring between September 1, 2002, and July 31, 2003.
2. (b) Quality assurance fee. Beginning September 1, 2003, the quality assurance fee for a facility is in the amount of six percent of each reimbursement or payment rate received, including those received from the resident, for each resident in the facility during a calendar month, provided the amount of all such quality assurance fees assessed for the facility during the 12-month period following assessment of the quality assurance fee do not exceed six percent of the facility's total annual gross receipts in Texas.
3. (c) Not later than July 31, 2002, and every six months thereafter, the commission or its designee will review each individual facility's quality assurance fee calculation. A facility's liability for the quality assurance fee may be adjusted following this review to ensure that the quality assurance fee does not exceed six percent of annual revenue.

Source Note:The provisions of this §352.3 adopted to be effective November 18, 2001, 26 TexReg 9085; amended to be effective October 29, 2003, 28 TexReg 9235.