DAR File No. 39543

Health, Health Care Financing, Coverage and Reimbursement Policy

Rule R414-7C

Alternative Remedies for Nursing Facilities

Notice of Proposed Rule

(Repeal)

DAR File No.: 39543
Filed: 07/27/2015 04:07:22 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule repeal is necessary because the rule should reside with the Division of Family Health and Preparedness (DFHP). DFHP will file a new rule to keep provisions ongoing and effective.

Summary of the rule or change:

This rule is repealed in its entirety.

State statutory or constitutional authorization for this rule:

• Section 26-18-3
• Section 26-1-5

Anticipated cost or savings to:

the state budget:

This rule repeal does not affect the state budget because a new rule will continue to implement current provisions.

local governments:

This rule repeal does not affect local governments because a new rule will continue to implement current provisions.

small businesses:

This rule repeal does not affect small businesses because a new rule will continue to implement current provisions.

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

This rule repeal does not affect Medicaid providers and Medicaid recipients because a new rule will continue to implement current provisions.

Compliance costs for affected persons:

This rule repeal does not affect a single Medicaid provider or a Medicaid recipient because a new rule will continue to implement current provisions.

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

There is no fiscal impact to business because no requirement has been added or deleted pursuant to this rule renumbering.

David Patton, PhD, 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 Care Financing, Coverage and Reimbursement Policy
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY, UT 84116-3231

Direct questions regarding this rule to:

• Craig Devashrayee at the above address, by phone at 801-538-6641, by FAX at 801-538-6099, 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:

09/14/2015

This rule may become effective on:

09/21/2015

Authorized by:

David Patton, Executive Director

R414. Health, Health Care Financing, Coverage and Reimbursement Policy.

[R414-7C. Alternative Remedies for Nursing Facilities.

R414-7C-1. Authority and Purpose.

(1) The department conducts on-site inspections of nursing facilities to determine compliance with state and federal Medicaid standards. When the department finds that a nursing facility is out of compliance with requirements of participation, the department may apply remedies to eliminate deficiencies and bring the facility into compliance.

(2) Authority to apply the remedies described in this section is defined in the federal Omnibus Budget Reconciliation Act (OBRA) of 1987 (P.L. 100-203), which mandates compliance with requirements of participation for the Medicaid program, and in Section 26-18-3 of the Utah Code Annotated 1953. Section 1919(h) of the Social Security Act specifies remedies available to a state when a skilled nursing facility (SNF) or nursing facility (NF) is out of compliance with the requirements for participation in the Medicaid program. This section requires the state to ensure prompt compliance, and it further specifies that the available remedies are in addition to other remedies available under state or federal law and, except for fines, are imposed prior to the conduct of a hearing.

(3) This rule establishes criteria for the imposition of remedies authorized by statute.

(4) The department adopts and incorporates by reference the regulations in 42 CFR, Part 488-Survey, Certification, and Enforcement Procedures, as amended in the Federal Register for November 10, 1994, 59 FR 56237.

 

R414-7C-2. Civil Fines.

(1) Interest shall be assessed on the unpaid balance of the fine, beginning on the due date. The interest rate charged shall be the average of the bond equivalent of the weekly 90-day U.S. treasury bill auction rates during the period for which interest will be charged.

(2) Disposition of Fines Collected.

(a) The department shall deposit fines and corresponding interest collected from Medicaid certified facilities in the General Fund in accordance with Section 26-18-3(5).

(b) Fines collected by the department must be applied in accordance with Section 1919 of the act for the protection of the health and property of residents.

 

KEY: medicaid

Date of Enactment or Last Substantive Amendment: December 20, 1995

Notice of Continuation: January 24, 2012

Authorizing, and Implemented or Interpreted Law: 26-1-4.1; 26-1-5; 26-18-3]