Title 55—PUBLIC WELFARE DEPARTMENT OF PUBLIC WELFARE [ 55 PA. CODE CHS. 1187 AND 1189 ] Rate Setting for County Nursing Facilities that Change Ownership [44 Pa.B. 4498]
[Saturday, July 19, 2014]The Department of Public Welfare (Department), under the authority of sections 201(2), 206(2), 403(b) and 443.1 of the Public Welfare Code (62 P. S. §§ 201(2), 206(2), 403(b) and 443.1), amends Chapters 1187 and 1189 (relating to nursing facility services; and county nursing facility services).
Purpose of Final-Form Rulemaking
The purpose of this final-form rulemaking is to amend § 1187.97 (relating to rates for new nursing facilities, nursing facilities with a change of ownership, reorganized nursing facilities and former prospective payment nursing facilities) to codify the rate setting methodology used when a county nursing facility has a change of ownership from county ownership to a nonpublic nursing facility provider. The Department is also amending the terminology used in certain definitions in §§ 1187.2 and 1189.2 (relating to definitions).
The final-form rulemaking is needed to codify the methodology for setting rates for county nursing facilities that change ownership to a nonpublic nursing facility provider. Since county nursing facilities have been phased-out of the rate setting process under Chapter 1187, updated cost data audited to verify compliance with Chapter 1187 is no longer available to establish a per diem rate for a former county nursing facility.
Summary
A complete description of the rulemaking was published at 43 Pa.B. 5822 (October 5, 2013).
Affected Individuals and Organizations
This final-form rulemaking affects a county nursing facility that changes ownership from county ownership to a nonpublic nursing facility provider and remains in the Medical Assistance (MA) Program.
Accomplishments and Benefits
This final-form rulemaking codifies the rate setting methodology for county nursing facilities that change ownership to a nonpublic nursing facility provider and remain in the MA Program.
Fiscal Impact
Cost to the Commonwealth, local government, nursing facility providers or MA recipients is not anticipated as a result of this final-form rulemaking.
Paperwork Requirements
There are no new or additional paperwork requirements.
Public Comment
The Department received one letter through the public comment process from the Pennsylvania Association of County Affiliated Homes (PACAH). The Independent Regulatory Review Commission (IRRC) did not comment on the proposed rulemaking.
Comment
PACAH stated that it did not have objections to the proposed rulemaking.
Response
The Department appreciates PACAH's comment.
Regulatory Review Act
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on September 20, 2013, the Department submitted a copy of the notice of proposed rulemaking, published at 43 Pa.B. 5822, to IRRC and the Chairpersons of the House Committee on Human Services and the Senate Committee on Public Health and Welfare for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC and the House and Senate Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Department has considered all comments from IRRC, the House and Senate Committees and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on June 18, 2014, the final-form rulemaking was deemed approved by the House and Senate Committees. Under section 5(g) of the Regulatory Review Act, the final-form rulemaking was deemed approved by IRRC effective June 18, 2014.
Findings
The Department finds that:
(1) Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) The adoption of this final-form rulemaking in the manner provided by this order is necessary and appropriate for the administration and enforcement of the Public Welfare Code.
Order
The Department, acting under sections 201(2), 206(2), 403(b) and 443.1 of the Public Welfare Code, orders that:
(a) The regulations of the Department, 55 Pa. Code Chapters 1187 and 1189, are amended by amending §§ 1187.2, 1187.97 and 1189.2 to read as set forth at 43 Pa.B. 5822.
(b) The Secretary of the Department shall submit this order and 43 Pa.B. 5822 to the Offices of General Counsel and Attorney General for approval as to legality and form as required by law.
(c) The Secretary of the Department shall certify and deposit this order and 43 Pa.B. 5822 with the Legislative Reference Bureau as required by law.
(d) This order shall take effect upon publication in the Pennsylvania Bulletin.
BEVERLY D. MACKERETH,
Secretary(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 44 Pa.B. 4263 (July 5, 2014).)
Fiscal Note: Fiscal Note 14-536 remains valid for the final adoption of the subject regulations.
[Pa.B. Doc. No. 14-1492. Filed for public inspection July 18, 2014, 9:00 a.m.]
