Health, Family Health and Preparedness, Licensing

Section R432-3-3

Deemed Status

Notice of Proposed Rule

(Amendment)

DAR File No.: 35025
Filed: 07/11/2011 01:15:32 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

H.B. 133 passed in the 2003 General Session permitting a health care facility to be issued a license for a period of time not to exceed 24 months. These rule amendments are required to be consistent with the amendments to Section 26-21-8. (DAR NOTE: H.B. 133 is found at UT L 2003 Ch 326, and was effective May 5, 2003.)

Summary of the rule or change:

These rule amendments align this rule with the current licensing period of 24 months instead of annually.

State statutory or constitutional authorization for this rule:

• Title 26, Chapter 21

Anticipated cost or savings to:

the state budget:

These rule amendments will have no effect on state budgets since facility licenses have historically (since 2003) been issued every two years. There will be no change in current practice.

local governments:

These rule amendments will have no effect on local government budgets since facility licenses have historically (since 2003) been issued every two years. There will be no change in current practice.

small businesses:

These rule amendments will have no effect on small business budgets since facility licenses have historically (since 2003) been issued every two years. There will be no change in current practice.

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

These rule amendments will have no effect on persons since facility licenses have historically (since 2003) been issued every two years. There will be no change in current practice.

Compliance costs for affected persons:

These rule amendments will have no effect on persons since facility licenses have historically (since 2003) been issued every two years. There will be no change in current practice.

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

As part of ongoing review of administrative rules in the Department to reduce unnecessary negative business impacts, this rule change confirms an ongoing practice to allow licenses to remain in effect for two years. Positive impact on business.

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
Family Health and Preparedness, 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 jhoffman@utah.gov
• Carmen Richins at the above address, by phone at 801-538-9087, by FAX at 801-538-6024, or by Internet E-mail at carmenrichins@utah.gov

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:

08/31/2011

This rule may become effective on:

09/07/2011

Authorized by:

David Patton, Executive Director

R432. Health, Family Health and Preparedness, Licensing.

R432-3. General Health Care Facility Rules Inspection and Enforcement.

R432-3-3. Deemed Status.

The Department may grant licensing deemed status to facilities and agencies accredited by the Joint Commission on Accreditation of Healthcare Organizations (Joint Commission), Accreditation Association for Ambulatory Health Care (AAAHC), Accreditation Commission for Health Care, or Community Health Accreditation Program in lieu of the [annual] licensing inspection by the Department upon completion of the following by the facility or agency:

(1) As part of the [annual] license renewal process, the licensee shall identify on the Request for Agency Action/Application its desire to:

(a) initiate deemed status,

(b) continue deemed status, or

(c) relinquish deemed status during the licensing year of application.

(2) This request shall constitute written authorization for the Department to attend the accrediting agency exit conference.

(3) Upon receipt from the accrediting agency, the facility shall submit copies of the following:

(a) accreditation certificate;

(b) Joint Commission Statement of Construction;

(c) survey reports and recommendations;

(d) progress reports of all corrective actions underway or completed in response to accrediting body's action or Department recommendations.

(4) Regardless of deemed status, the Department may assert regulatory responsibility and authority pursuant to applicable state and federal statutes to include:

(a) [annual and follow up] inspections,

(b) complaint investigation s,

(c) verification of the violations of state law, rule, or standard identified in a Department survey or, violations of state law, rule, or standard identified in the accrediting body's survey including:

(i) facilities or agencies granted a provisional or conditional accreditation by the Joint Commission until a full accreditation status is achieved,

(ii) any facility or agency that does not have a current, valid accreditation certificate, or

(iii) construction, expansion, or remodeling projects required to comply with standards for construction promulgated in the rules by the Health Facility Committee.

(5) The Department may annually conduct validation inspections of facilities or agencies accredited for the purpose of determining compliance with state licensing requirements. If a validation survey discloses a failure to comply with the standards for licensing, the provisions relating to regular [annual] inspection s shall apply.

 

KEY: health care facilities

Date of Enactment or Last Substantive Amendment: [January 5, 2010]2011

Notice of Continuation: December 24, 2008

Authorizing, and Implemented or Interpreted Law: 26-21-5; 26-21-14 through 26-21-16