DAR File No. 40822

Health, Family Health and Preparedness, Licensing

Section R432-3-11

Annual Reporting Requirements

Notice of Proposed Rule

(Amendment)

DAR File No.: 40822
Filed: 09/23/2016 08:56:40 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule amendment is to add requirements to ensure that nursing facilities comply with new annual financial reporting requirements according to amended Subsection 26-21-23(7). The Health Facility Committee reviewed and approved this rule amendment on 09/14/2016.

Summary of the rule or change:

Section R432-3-11 adds definitions and requirements to ensure that facilities comply with new annual financial reporting requirements according to amended Subsection 26-21-23(7). Subsection 26-21-23(7)(c)(i) requires the department to create rules to meet the statutory requirements.

Statutory or constitutional authorization for this rule:

• Title 26, Chapter 21

Anticipated cost or savings to:

the state budget:

There is no impact to the state budget because this change only affects nursing facilities, and there are no nursing facilities that are currently licensed under this condition.

local governments:

There is no impact to local governments because this change only affects nursing facilities, and there are no nursing facilities that are currently licensed under this condition.

small businesses:

There is no impact to small businesses because this change only affects nursing facilities, and there are no nursing facilities that are currently licensed under this condition.

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

Currently, there is no impact to businesses because there are no nursing facilities that have been licensed under this exception to the moratorium. There may be an impact to nursing facilities in the future that license under these conditions; however, the agency does not foresee this situation occurring in the near future. If a nursing facility did license under these conditions in the future and failed to meet the rule requirements, then the department would impose a civil money penalty in the amount of $50,000 in accordance with Subsection 26-21-23(7).

Compliance costs for affected persons:

There is no impact to affected persons because there are not any nursing facilities currently licensed under this condition.

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

There is no fiscal impact to current businesses that are licensed under the exception to the moratorium. This amendment will fiscally impact any business that applies for this license in the future in that failure to comply with the specific reporting requirements could result in a fine of $50,000.

Joseph Miner, MD, Executive Director

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

Health
Family Health and Preparedness, Licensing
3760 S HIGHLAND DR
SALT LAKE CITY, UT 84106

Direct questions regarding this rule to:

• Joel Hoffman at the above address, by phone at 801-273-2804, by FAX at 801-274-0658, or by Internet E-mail at jhoffman@utah.gov
• Carmen Richins at the above address, by phone at 801-273-2802, by FAX at 801-274-0658, 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:

11/16/2016

This rule may become effective on:

11/23/2016

Authorized by:

Joseph Miner, Executive Director

R432. Health, Family Health and Preparedness, Licensing.

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

R432-3-11. Annual Reporting Requirements.

(1) A nursing care facility approved for a health facility license under Section 26-21-23(2)(c) shall submit an annual financial report within 90 days of the end of each calendar year.

(2) the financial report shall contain:

(a) total of all revenues received within the calendar year;

(b) total of all Medicare inpatient revenue received within the calendar year;

(c) total of all Medicare Advantage revenue received within the calendar year; and

(d) Percentage of Medicare inpatient revenue including Medicare Advantage revenue in relation to the total of all revenues received within the calendar year.

(3) The department shall review the submitted reports for compliance with 26-21-23(7)(a). The Department may perform financial audits as part of the review. If the department determines a facility is not in compliance with 26-21-23(7)(a)a CMP of $50,000 will be issued for the facility's failure to comply.

 

KEY: health care facilities

Date of Enactment or Last Substantive Amendment: [September 29, 2015]2016

Notice of Continuation: August 12, 2013

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