Title 55--PUBLIC WELFARE DEPARTMENT OF PUBLIC WELFARE [55 PA. CODE CH. 1187] Corrective Amendment to 55 Pa. Code § 1187.2 [32 Pa.B. 1962] The Department of Public Welfare has discovered discrepancies between the agency text in 55 Pa. Code § 1187.2 (relating to definitions) as deposited with the Legislative Reference Bureau and the official text as published at 32 Pa.B. 734, 758 and 759 (February 9, 2002) and the text which will be codified in the Pennsylvania Code Reporter (Master Transmittal Sheet No. 329) (April, 2002). The definitions of ''appraisal of nursing facilities,'' ''fair rental value'' and ''interest-capital indebtedness'' should have been deleted. In addition, the definition of ''special rehabilitation facility'' was inadvertently omitted.
Therefore, under 45 Pa.C.S. § 901: The Department of Public Welfare has deposited with the Legislative Reference Bureau a corrective amendment to 55 Pa. Code § 1187.2. The corrective amendment to 55 Pa. Code § 1187.2 is effective February 9, 2002, (retroactively effective November 1, 1999) the date the defective official text was printed in the Pennsylvania Bulletin.
The correct version of 55 Pa. Code § 1187.2 appears in Annex A, with ellipses referring to the existing text of the regulation.
FEATHER O. HOUSTOUN,
SecretaryAnnex A TITLE 55. PUBLIC WELFARE PART III. MEDICAL ASSISTANCE MANUAL CHAPTER 1187. NURSING FACILITY SERVICES Subchapter A. GENERAL PROVISIONS § 1187.2. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Appraisal--A determination of the depreciated replacement cost of fixed or movable property, made by qualified personnel of an independent appraisal firm under contract with the Department.
Audited MA-11 cost reports--MA-11 cost reports that have been subjected to desk or field audit procedures by the Commonwealth.
* * * * * Facility MA CMI--The arithmetic mean CMI for MA residents in the nursing facility for whom the Department paid an MA day of care on the picture date.
Federally Approved Pennsylvania (PA) Specific Minimum Data Set (MDS)--One of three components of the Federally designed Resident Assessment Instrument (RAI). The RAI includes the MDS, the Resident Assessment Protocols and Utilization Guidelines. The MDS is a minimum core of assessment items with definitions and coding categories needed to comprehensively assess a nursing facility resident.
* * * * * Interest--
(i) Capital interest. The direct actual cost incurred for funds borrowed to obtain fixed property, major movable property or minor movable property.
(ii) Other interest. The direct actual cost incurred for funds borrowed on a short-term basis to finance the day-to-day operational activities of the nursing facility, including the acquisition of supplies.
Intergovernmental Transfer Agreement--The formal document that executes the transfer of funds or certification of funds to the Commonwealth by another unit of government within this Commonwealth in accordance with section 1903 of the Social Security Act (42 U.S.C.A. § 1396b(w)(6)(A)).
* * * * * Special rehabilitation facility--A nursing facility with residents more than 70% of whom have a neurological/neuromuscular diagnosis and severe functional limitations.
* * * * * [Pa.B. Doc. No. 02-617. Filed for public inspection April 19, 2002, 9:00 a.m.]
