Health, Health Systems Improvement, Licensing

Section R432-6-211

Penalties

Notice of Proposed Rule

(Amendment)

DAR File No.: 33189
Filed: 11/24/2009 11:23:59 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule change was reviewed by the Health Facilities Committee and approved. This committee has representation from a broad cross section of the entities affected by this rule. This rule change is proposed to amend three parts of the rule: 1) to change the civil money penalty limits in rule from a maximum of $5,000 to $10,000 per H.B. 32 (2009); 2) to remove old rule language pertaining to the Bureaus of Licensing and Certification as two separate bureaus. These bureaus were combined in 2004; and 3) the penalty section was located at Section R432-6-211 which is specifically for Assisted Living type II facilities by changing the penalties section to Section R432-6-26 it will apply to Assisted Living type I and type II facilities. (DAR NOTE: H.B. 32 (2009) is found at Chapter 347, Laws of Utah 2009, and was effective 05/12/2009.)

Summary of the rule or change:

The first rule change will include an increase from the previous maximum of $5,000 to $10,000. The second change will change the wording of "Bureau of Licensing" to "licensing agency". The third would change that the penalty section was located at Section R432-6-211 which is specifically for Assisted Living type II facilities by moving the penalties section to Section R432-6-26 it will apply to Assisted Living type I and type II facilities.

State statutory or constitutional authorization for this rule:

• Title 26, Chapter 23
• Title 26, Chapter 21

Anticipated cost or savings to:

the state budget:

There may be some additional revenue to the state from the assessment of civil money penalties against providers who violate the rules. However, monies collected from these penalties is not used to offset budget expenditures within the Bureau. It is the policy of the Bureau to use these monies for additional activities to benefit providers, such as training.

local governments:

No Assisted Living facilities are a part of the government system therefore this change will not affect the local government.

small businesses:

In the State Fiscal Year 2009 no small businesses were assessed a civil money penalty for violation of Rule R432-6. It is possible, but not likely, with this rule change that a small business could be assessed a $10,000 civil money penalty.

persons other than small businesses, businesses, or local governmental entities:

In the State Fiscal Year 2009 no businesses were assessed a civil money penalty for violation of Rule R432-6. It is possible, but not likely, with this rule change that a business could be assessed a $10,000 civil money penalty.

Compliance costs for affected persons:

In the State Fiscal Year 2009 no businesses were assessed a civil money penalty for violation of Rule R432-6. It is possible, but not likely, with this rule change that a business could be assessed a $10,000 civil money penalty.

Comments by the department head on the fiscal impact the rule may have on businesses:

Removing obsolete criminal penalties will impose no new fiscal impact. Enforcement of civil money penalties is not expected to change as a result of this rule change, therefore no new fiscal impact is expected.

David N. Sundwall, MD, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Health
Health Systems Improvement, Licensing
288 N 1460 W
SALT LAKE CITY, UT 84116-3231

Direct questions regarding this rule to:

• Joel Hoffman at the above address, by phone at 801-538-6279, by FAX at 801-538-6024, or by Internet E-mail at [email protected]
• Carmen Richins at the above address, by phone at 801-538-9087, by FAX at 801-538-6024, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

01/14/2010

This rule may become effective on:

01/21/2010

Authorized by:

David Sundwall, Executive Director

R432. Health, Health Systems Improvement, Licensing.

R432-6. Assisted Living Facility General Construction.

R432-6-[211]26. Penalties.

[Any person who violates any provision of this rule may be subject to the penalties enumerated in 26-21-11 and R432-3-6 and be punished for violation of a class A misdemeanor as provided in 26-21-16.

The Department may assess a civil money penalty of up to $5,000 and deny approval for patient utilization of new or remodeled areas if a health care provider does not submit architectural drawings to the Bureau of Licensing. The Department may assess a civil money penalty of up to $5,000 if the licensee fails to follow Department-approved architectural plans. The Department may assess a civil money penalty of up to $500 per day for each day a new or renovated area is occupied prior to Bureau of Licensing approval.]The Department may assess a civil money penalty of up to $10,000 and deny approval for patient utilization of new or remodeled areas if a health care provider does not submit architectural drawings to the Bureau of Licensing. The Department may assess a civil money penalty of up to $10,000 if the licensee fails to follow Department-approved architectural plans. The Department may assess a civil money penalty of up to $1,000 per day for each day a new or renovated area is occupied prior to licensing agency approval.

 

KEY: health facilities

Date of Enactment or Last Substantive Amendment: [ July 20, 2006 ] 2010

Notice of Continuation: December 30, 2008

Authorizing, and Implemented or Interpreted Law: 26-21-5; 26-21-16