This filing was published in the 05/15/2008, issue, Vol. 2008, No. 10, of the Utah State Bulletin.
Health, Health Care Financing, Coverage and Reimbursement Policy
Medicare Nursing Home Certification
NOTICE OF PROPOSED RULE
DAR File No.: 31360
Filed: 05/01/2008, 03:49
Received by: NL
Purpose of the rule or reason for the change:
The purpose of this change is to implement Medicaid certification requirements for nursing facilities in accordance with H.B. 366 (2008). H.B. 366 will not allow, in most cases, any increase in bed capacity for nursing facilities certified by Medicaid. (DAR NOTE: H.B. 366 (2008) is found at Chapter 347, Laws of Utah 2008, and was effective 03/18/2008.)
Summary of the rule or change:
This change specifies Medicaid certification requirements for nursing care facilities. Facilities will not be allowed to increase bed capacity in most cases.
State statutory or constitutional authorization for this rule:
Sections 26-18-3 and 26-18-503
Anticipated cost or savings to:
the state budget:
There may be a savings to the state budget because of this rule change. Facilities will not be allowed to expand in most cases which may mitigate upward pressure on nursing home reimbursement resulting from excess bed capacity. The exact amount cannot be quantified.
Local governments that operate nursing care facilities will not be allowed to expand. This could have a negative impact on revenue. The number of their occupied beds may increase as overall bed capacity in the system is stabilized. If so, the fiscal impact of the rule would be positive as their fixed costs are spread over more residents. The exact amount cannot be quantified.
small businesses and persons other than businesses:
Nursing care facilities will not be allowed to expand. This could have a negative impact on revenue. The number of their occupied beds may increase as overall bed capacity in the system is stabilized. If so, the fiscal impact of the rule would be positive as their fixed costs are spread over more residents. The exact amount cannot be quantified.
Compliance costs for affected persons:
There are no compliance costs mandated by this rule or reporting requirements.
Comments by the department head on the fiscal impact the rule may have on businesses:
Pressure to increase reimbursement to Medicaid certified nursing facilities may be mitigated by this rule. The fiscal impact on business may be positive as their fixed costs are spread over more residents. 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: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@example.com
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:
This rule may become effective on:
David N. Sundwall, Executive Director
R414. Health, Health Care Financing, Coverage and Reimbursement Policy.
Medicare Nursing Home Certification].
R414-27-1. Medicare Nursing Home Certification. All skilled nursing homes must
be certified for Medicare participation as a condition of Medicaid
certification. The effects of this rule
will be to enable more third-party collections (Medicare) and reduce Medicaid
nursing home payments.]
Date of Enactment or
Last Substantive Amendment: [
Notice of Continuation: January 17, 2008
Authorizing, Implemented or Interpreted Law: 26-1-5
Text to be deleted is struck through and surrounded by brackets (e.g., [
example]). Text to be added is underlined (e.g., ). Older browsers may not depict some or any of these attributes on the screen or when the document is printed.
For questions regarding the content or application of this rule, please contact Craig Devashrayee at the above address, by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at firstname.lastname@example.org
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.
Last modified: 05/14/2008 3:03 PM