BILL NUMBER: S2899

SPONSOR: KAPLAN
 
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 compli-
ance 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 with-
holdings 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 detri-
mental impact on the ability of these parties to efficiently and effec-
tively 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.
S. 244 of 2017/2018; Passed Senate

 
FISCAL IMPLICATIONS:

None.

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