DAR File No. 43544

Health, Center for Health Data, Health Care Statistics

Rule R428-1

Health Data Plan and Incorporated Documents

Notice of Proposed Rule

(Amendment)

DAR File No.: 43544
Filed: 02/27/2019 10:21:44 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule change reports the correct Data Submittal Guide that should be used by submitters to Utah's Health Care Facility Database.

Summary of the rule or change:

The amendment makes one technical change explained in summary below; clarifies Version 2.1 of Utah Healthcare Facility Data Submission Guide should be used by all facility submitters for data submissions going forward. All facilities that generate emergency department encounters shall submit all data--ambulatory surgery, inpatient, and emergency department encounter data--following the monthly schedule outlined in this rule. In sum, each monthly submission of emergency department data will contain two months of data: a new month and an old month. The new month will be the first submission of that month's data. For this data, the facility will have had 15 days to clean-up and submit the data. The old month will be a resubmission of the prior month's data. The old data will have had 45-days for clean-up and submission. This should ensure that the final monthly data are consistent with the quarterly processing data.

Statutory or constitutional authorization for this rule:

• Section 26-33a-109

This rule or change incorporates by reference the following material:

• Adds Utah Healthcare Facility Data Submission Guide, published by Utah Department of Health, 04/22/2019
• Removes Utah Healthcare Facility Data Submission Guide, published by Utah Department of Health, 02/16/2016

Anticipated cost or savings to:

the state budget:

This rule change is not expected to have any fiscal impact on state government revenues or expenditures because it only clarifies the version of Data Submitter Guide (DSG) expected for use by data submitters to Utah's Health Care Facility Database. The Utah Department of Health (Department) has determined enactment of the amended version will not create any cost or savings impact to the state budget or the Department's budget, since the change will not increase workload and can be carried out with existing budget.

local governments:

This rule change is not expected to have any fiscal impact on local governments' revenues or expenditures because they are not directly affected by this rule; nor are local governments indirectly impacted because this rule does not create a situation requiring services from local governments.

small businesses:

This rule change is not expected to have any fiscal impact on small businesses' revenues or expenditures because all potentially impacted have more than 50 employees. As a result, this rule will have no effect on small businesses budgets for costs or savings.

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

Some data suppliers will need to program changes to their system in order to be consistent with the updated guidelines. According to our research, some suppliers may incur cost while others report $0 as an estimate for compliance. Overall, the Department estimates a one-time compliance cost of $4,300 per impacted facility submitter (approximately 49 man hours x DTS approved rate of $88 per hour) to comply with proposed Facility DSG 2.1.

Compliance costs for affected persons:

The Department anticipates that some facilities will need to make programming changes to implement the additional flexibility and clarifications. Based on figures reported under other persons above and current submission roster, the Department estimates an industry cost of $69,000 (16 submitters x $4,300) to comply with proposed Facility DSG 2.1.

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

The proposed amendment clarifies that Version 2.1 of Utah Healthcare Facility Data Submission Guide should be used by all facility submitters, including those facilities that generate emergency department encounters. Some facilities will need to make programming changes to their system in order to be consistent with updated guidelines which is estimated to be a one-time cost of $4,300.

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
Center for Health Data, Health Care Statistics
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY, UT 84116-3231

Direct questions regarding this rule to:

• Mike Martin at the above address, by phone at 801-538-9205, by FAX at 801-538-9916, or by Internet E-mail at mikemartin@utah.gov
• Norman Thurston at the above address, by phone at 801-538-7052, by FAX at 801-237-0787, or by Internet E-mail at nthurston@utah.gov
• Stephanie Saperstein at the above address, by phone at 801-538-6430, by FAX at , or by Internet E-mail at stephaniesaperstein@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:

04/15/2019

This rule may become effective on:

04/22/2019

Authorized by:

Joseph Miner, Executive Director

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2019	FY 2020	FY 2021
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$69,000	$22,400	$22,400
Other Person	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$0	$0	$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non - Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

There are 46 non-small businesses in the industry in question represented by 16 data suppliers. Some data suppliers will need to program changes to their system in order to be consistent with the updated guidelines. According to our research, some suppliers may incur cost while others report $0 as an estimate for compliance. Overall, the Division estimates a one-time compliance cost of $1,500 per impacted non-business (approximately 17 man hours x DTS approved rate of $88 per hour) to comply with proposed Facility DSG 2.1. Based on these figures and current submission roster, the Division estimates FY19 industry cost of $69,000 (16 submitters x $4,300) to comply with proposed Facility DSG 2.1. One supplier will incur ongoing cost of $2,800 per year for seven facilities resulting in increased annual cost of $22,400.

 

The Executive Director of the Department of Health, Joseph Miner, MD, has reviewed and approved this fiscal analysis.

 

 

R428. Health, Center for Health Data, Health Care Statistics.

R428-1. Health Data Plan and Incorporated Documents.

R428-1-1. Legal Authority.

This rule is promulgated in accordance with Title 26, Chapter 33a.

 

R428-1-2. Purpose.

This rule adopts and incorporates documents related to the collection, analysis, and dissemination of data covered in this title.

 

R428-1-3. Health Data Plan Adoption.

As required by Section 26-33a-104, the Health Data Committee adopts by rule the health data plan dated October 3, 1991.

 

R428-1-4. Incorporation by Reference.

The following documents are adopted and incorporated by reference:

(1) "Utah Healthcare Facility Data Submission Guide" means:

(a) [Utah Healthcare Facility Data Submission Guide, Version 1, January 15, 2016 for data submissions required before February 16, 2018, and

(b) ]Utah Healthcare Facility Data Submission Guide, Version 2 for data submissions required on or after February 16, 2018;

(b) Utah Healthcare Facility Data Submission Guide, Version 2.1 for data submissions required on or after May 16, 2019;

(2) "NCQA Survey Specifications" means:

(a) HEDIS 2017, Volume 3: Specifications for Survey Measures, published by NCQA for data submissions required before January 1, 2018, and

(b) HEDIS 2018, Volume 3: Specifications for Survey Measures, published by NCQA for data submissions required on or after January 1, 2018;

(3) "NCQA HEDIS Specifications" means:

(a) HEDIS 2017, Volume 5: HEDIS Compliance Audit: Standards, Policies, and Procedures, published by NCQA for data submissions required before January 1, 2018, and

(b) HEDIS 2018, Volume 5: HEDIS Compliance Audit: Standards, Policies, and Procedures, published by NCQA for data submissions required on or after January 1, 2018;

(4) "Data Submission Guide for Claims Data" means:

(a) Utah All-Payer Claims Database Data Submission Guide Version 3.0 for data submissions required before March 1, 2018, and

(b) Utah All-Payer Claims Database Data Submission Guide Version 3.1 (as corrected on March 15, 2018) for data submissions required on or after March 1, 2018.

 

KEY: APCD, health, health policy, health planning

Date of Enactment or Last Substantive Amendment: [May 25, 2018]2019

Notice of Continuation: November 10, 2016

Authorizing, and Implemented or Interpreted Law: 26-33a-104