Utah State Bulletin, January 15, 2012, Vol. 2012, No. 2

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NOTICES OF PROPOSED RULES DAR File No. 35584(14) The Department incorporates by reference the UtahHome and Community-Based Waiver Services New Choices WaiverProvider Manual, effective [October]January 1, 201[1]2.(15) The Department incorporates by reference the UtahHome and Community-Based Waiver Services for TechnologyDependent, Medically Fragile Individuals (HCBWS) ProviderManual, effective [October]January 1, 201[1]2.KEY: MedicaidDate of Enactment or Last Substantive Amendment:[November 15, 2011]2012Notice of Continuation: April 16, 2007Authorizing, and Implemented or Interpreted Law: 26-1-5; 26-18-3; 26-34-2Health, Health Care Financing,Coverage and Reimbursement PolicyR414-401-5Penalties and InterestNOTICE OF PROPOSED RULE(Amendment)DAR FILE NO.: 35583FILED: 12/27/2011RULE ANALYSISPURPOSE OF THE RULE OR REASON FOR THECHANGE: The purpose of this change is to implementpenalties on nursing facilities that do not pay their NursingCare Facility Assessment mandated by Utah Code Title 26,Chapter 35a, on a timely basis.SUMMARY OF THE RULE OR CHANGE: This amendmentoutlines the penalties for delinquent deficiency assessmentsthat include a suspension of all Medicaid payments, anegligence penalty, an intentional disregard penalty, and anintent to evade penalty.STATUTORY OR CONSTITUTIONAL AUTHORIZATION FORTHIS RULE: Section 26-18-3ANTICIPATED COST OR SAVINGS TO:♦ THE STATE BUDGET: The Department anticipates apossible savings to the state budget as a result of thisamendment. Nevertheless, there is not enough data toestimate how many nursing facilities will default on theirassessment payments or what kinds of penalties they willincur.♦ LOCAL GOVERNMENTS: The Department anticipates apossible loss in revenue to local hospitals that default on theirassessment payments. Nevertheless, there is not enoughdata to estimate how many of these hospitals will default orwhat kinds of penalties they will incur.♦ SMALL BUSINESSES: The Department anticipates apossible loss in revenue to nursing facilities that default ontheir assessment payments. Nevertheless, there is notenough data to estimate how many nursing facilities willdefault or what kinds of penalties they will incur.♦ PERSONS OTHER THAN SMALL BUSINESSES,BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES:The Department anticipates a possible loss in revenue tonursing facilities that default on their assessment payments.Nevertheless, there is not enough data to estimate how manynursing facilities will default or what kinds of penalties theywill incur. Medicaid recipients will continue to receive nursingfacility services and will not incur out-of-pocket expenses.COMPLIANCE COSTS FOR AFFECTED PERSONS: TheDepartment anticipates a possible loss in revenue to a singlenursing facility or to a local hospital that defaults on itsassessment payment. Nevertheless, there is not enoughdata to estimate the kinds of penalties that these facilities willincur. A Medicaid recipient will continue to receive nursingfacility services and will not incur out-of-pocket expenses.COMMENTS BY THE DEPARTMENT HEAD ON THEFISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES:This rule amendment implements the penalties provided forby the Legislature and assures that all facilities are treatedfairly and equally in the event that payment of theassessment is not made on a timely basis.THE FULL TEXT OF THIS RULE MAY BE INSPECTED,DURING REGULAR BUSINESS HOURS, AT:HEALTHHEALTH CARE FINANCING,COVERAGE AND REIMBURSEMENT POLICYCANNON HEALTH BLDG288 N 1460 WSALT LAKE CITY, UT 84116-3231or at the Division of Administrative Rules.DIRECT QUESTIONS REGARDING THIS RULE TO:♦ Craig Devashrayee by phone at 801-538-6641, by FAX at801-538-6099, or by Internet E-mail atcdevashrayee@utah.govINTERESTED PERSONS MAY PRESENT THEIR VIEWS ONTHIS RULE BY SUBMITTING WRITTEN COMMENTS NOLATER THAN AT 5:00 PM ON 02/14/2012THIS RULE MAY BECOME EFFECTIVE ON: 02/21/2012AUTHORIZED BY: David Patton, PhD, Executive DirectorR414. Health, Health Care Financing, Coverage andReimbursement Policy.R414-401. Nursing Care Facility Assessment.R414-401-5. Penalties and Interest.(1) The penalties for failure to file a report, to pay theassessment due within the time prescribed, to pay within 30 days ofa notice of deficiency of the assessment[, for underpayment of theassessment, for intent to evade the assessment] are[ as] provided in36 UTAH STATE BULLETIN, January 15, 2012, Vol. 2012, No. 2
DAR File No. 35583NOTICES OF PROPOSED RULES[Utah Code ]Section 26-35a-105. The Department shall suspend allMedicaid payments to a nursing facility until the facility pays theassessment due in full or until the facility and the Department reacha negotiated settlement.(2) The Department shall charge a nursing facility anegligence penalty as prescribed in Subsection 26-35a-105(3)(a) ifthe facility does not pay in full (or file its report) within 45 days of anotice of deficiency of the assessment.(3) The Department shall charge a nursing facility anintentional disregard penalty as prescribed in Subsection 26-35-105(3)(b) if the facility does not pay in full (or file its report) within45 days of a notice of deficiency of the assessment two times withina 12-month period, or if the facility does not pay in full (or file itsreport) within 60 days of a notice of deficiency of the assessment.(4) The Department shall charge a nursing facility anintent to evade penalty as prescribed in Subsection 26-35a-105(4) ifthe facility does not pay in full (or file its report) within 45 days of anotice of deficiency of the assessment three times with a 12-monthperiod, or if the facility does not pay in full (or file its report) within75 days of a notice of deficiency of the assessment.KEY: Medicaid, nursing facilityDate of Enactment or Last Substantive Amendment: [July 1,2011]2012Notice of Continuation: June 25, 2009Authorizing, and Implemented or Interpreted Law: 26-1-30;26-35a; 26-18-3Health, Family Health andPreparedness, Child Care LicensingR430-1General Licensing, Certificate, andEnforcement Provisions, Child CareFacilitiesNOTICE OF PROPOSED RULE(New Rule)DAR FILE NO.: 35581FILED: 12/23/2011RULE ANALYSISPURPOSE OF THE RULE OR REASON FOR THECHANGE: As part of the Department's rule review requestedby the Governor's Office, two obsolete rules (Rules R430-2and R430-3) are being be repealed and replaced with thisnew Rule R430-1. (DAR NOTE: The proposed repeal ofRule R430-2 is under DAR No. 35579 and the proposedrepeal of Rule R430-3 is under DAR No. 35580 in this issue,January 15, 2012, of the Bulletin.)SUMMARY OF THE RULE OR CHANGE: This proposednew rule specifies the processes for child care license andcertificate application, issuance, changes, complianceassurance, and sanctions.STATUTORY OR CONSTITUTIONAL AUTHORIZATION FORTHIS RULE: Title 26, Chapter 39ANTICIPATED COST OR SAVINGS TO:♦ THE STATE BUDGET: Some state agencies operate orsponsor child care programs. Because this rule does notsubstantially change the current licensing processes or fees,the Department does not anticipate that this rule will result inany new costs or savings to child care programs operated bystate agencies.♦ LOCAL GOVERNMENTS: Some local governmentsoperate or sponsor child care programs. Because this ruledoes not substantially change the current licensing processesor fees, the Department does not anticipate that this rule willresult in any new costs or savings to child care programsoperated by local governments.♦ SMALL BUSINESSES: Almost all child care facilities aresmall businesses. Because this rule does not substantiallychange the current licensing processes or fees, theDepartment does not anticipate that this rule will result in anynew costs or savings to child care programs operated bysmall businesses.♦ PERSONS OTHER THAN SMALL BUSINESSES,BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES:Because this rule does not alter requirements for child careproviders, but rather moves the content of two other rules intothis rule, the Department does not anticipate any new costsor savings to child care programs operated by localgovernments.COMPLIANCE COSTS FOR AFFECTED PERSONS:Because this rule does not change the current licensingprocesses or fees being moved to this rule from another rule,the Department does not anticipate that this rule will result inany new compliance costs to affected persons.COMMENTS BY THE DEPARTMENT HEAD ON THEFISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES:As requested by Governor Herbert, this rule was carefullyreviewed with impacted business and other parties. Theproposed rule replaces two rules with streamlined andsimplified language. No new costs to business are expectedby this new rule.THE FULL TEXT OF THIS RULE MAY BE INSPECTED,DURING REGULAR BUSINESS HOURS, AT:HEALTHFAMILY HEALTH AND PREPAREDNESS,CHILD CARE LICENSINGCANNON HEALTH BLDG288 N 1460 WSALT LAKE CITY, UT 84116-3231or at the Division of Administrative Rules.DIRECT QUESTIONS REGARDING THIS RULE TO:♦ Teresa Whiting by phone at 801-538-6320, by FAX at 801-538-6325, or by Internet E-mail at twhiting@utah.govUTAH STATE BULLETIN, January 15, 2012, Vol. 2012, No. 2 37
Page 1: UTAH STATEBULLETINOFFICIAL NOTICES
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Utah State Bulletin, January 15, 2012, Vol. 2012, No. 2

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