DAR File No. 28383

Health, Health Systems Improvement, Licensing

R432-100-4

Hospital Swing-Bed and Transitional Care Units

NOTICE OF PROPOSED RULE

DAR File No.: 28383
Filed: 11/30/2005, 02:34
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this change is to allow transitional care units in hospitals with 16 or fewer beds to license as small health care facilities. Health providers have requested this change in order to avoid the Medicaid bed tax that affects nursing homes. The hospital Transitional Care Units (TCUs) do not benefit from this tax, but are presently licensed as nursing homes, so they still pay it. This change would allow them to avoid the bed tax.

Summary of the rule or change:

Subsection R432-100-4(2) is amended to add language allowing TCUs in hospitals with 16 or fewer beds to license as small health care facilities.

State statutory or constitutional authorization for this rule:

Section 26-21-6

Anticipated cost or savings to:

the state budget:

There will be a $375 additional fee revenue as a result of these facilities relicensing as small health care facilities. There are an estimated five facilities that would relicense as Small Health Care Facilities. This would be a one-time fee for each facility to relicense.

local governments:

Local governments do not operate TCUs and will not be impacted by this rule change.

other persons:

There will be $375 in fees as a result of relicensing 5 facilities impacted by this rule change. There are an estimated five facilities that would relicense as Small Health Care Facilities. This would be a one-time fee for each facility to relicense.

Compliance costs for affected persons:

The fee will be $75 per facility that relicenses. There are an estimated five hospital TCUs that would relicense as Small Health Care Facilities. This would be a one-time fee for each facility to relicense. No other fees would be associated with this change.

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

Facilities have requested this change to avoid having to pay a provider tax imposed on nursing homes. The fiscal impact will be overall positive. 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:

Direct questions regarding this rule to:

Joel Hoffman at the above address, by phone at 801-538-6165, by FAX at 801-538-6163, or by Internet E-mail at jhoffman@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:

01/17/2006

This rule may become effective on:

01/18/2006

Authorized by:

David N. Sundwall, Executive Director

RULE TEXT

R432. Health, Health Systems Improvement, Licensing.

R432-100. General Hospital Standards.

R432-100-4. Hospital Swing-Bed and Transitional Care Units.

Hospitals with designated swing bed units or transitional care units shall comply with this section.

(1) In addition to R432-100, designated hospital swing beds shall comply with the following sections of R432-150, Nursing Care Facility Rules: 150-4, 150-5, 150-11 through 150-17, 150-20, 150-22, and 150-24.

(2) Transitional Care Units having 16 or fewer licensed beds shall be licensed as Small Health Care Facilities under a separate licensing category and shall conform to the requirements of R432-200, Small Health Care Facility. All other Transitional Care Units shall be licensed as Nursing Care Facilities under a separate licensing category and shall conform to the requirements of R432-150, Nursing Care Facility Rules. Licenses for Transitional Care Units having 16 or fewer beds as Small Health Care Facilities may be issued retrospectively to January 1, 2005 at the discretion of the Department.

KEY: health facilities

[November 10, 2004]2006

Notice of Continuation October 16, 2002

26-21-5

26-21-2.1

26-21-20

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For questions regarding the content or application of this rule, please contact Joel Hoffman at the above address, by phone at 801-538-6165, by FAX at 801-538-6163, or by Internet E-mail at jhoffman@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.