Relates to the effectiveness of certain rules adopted pursuant to the state administrative procedure act

Title of bill

An act to amend the state administrative procedure act, in relation to rule making procedures

Purpose or general idea of bill

This legislation allows that when rules that require changes to compliance or billing standards that could result in withholding or takebacks due to Medicaid auditing that the effective date of these regulations shall not be sooner than 90 days from the publication of adoption of the rule.

Summary of specific provisions

Section 1 amends SAPA to require that rules that require changes to compliance or billing standards that could result in eventual withholdings or takebacks due to Medicaid auditing and/or self-disclosure obligations, such effective date shall not be sooner than 90 days from the publication of the notice of adoption of the rule.

Section 2 is the effective date.

Justification

This legislation aims to address concerns that where there is not an additional statutory requirement for a public hearing or implementation period prior to the implementation of a new rule, there is insufficient time afforded to parties required to comply with a new rule to initiate any changes necessary to do so. This leads to significant hardship and considerable difficulty for affected parties because it has a detrimental impact on the ability of these parties to efficiently and effectively operate and provide services. Furthermore, there are concerns that where there is no implementation period prior to the effective date of a new regulation, comments made later in the comment period are less likely to be taken into account due to time constraints. The addition of the ninety day implementation period proposed by this bill would serve to alleviate both of these concerns and increase the efficient and effective implementation of new rules.

Prior legislative history

New Bill.

Fiscal implications

None.

Effective date

This act shall take effect on the sixtieth day.