BILL NUMBER:  S244

 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 :

S. 7619 Passed Senate in 2016.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the sixtieth day.