Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 814-A - Regulations(a) The department may issue such regulations and orders as may be necessary to implement the nursing facility assessment program in accordance with the requirements of this article.(b) During each fiscal year in which an assessment is implemented pursuant to this article, the department shall not adopt new regulations or revise existing regulations that limit, restrict or reduce eligibility for medical assistance nursing facility services or program participation or reimbursement for medical assistance nursing facility providers without publishing a notice of proposed rulemaking and adopting a final-form regulation after public notice and comment in accordance with 45 Pa.C.S. (relating to legal notices) and the act of July 31, 1968 (P.L. 769, No. 240), known as the "Commonwealth Documents Law," and subject to review pursuant to the act of June 25, 1982 (P.L. 633, No. 181), known as the "Regulatory Review Act." Notice of proposed rule making shall not be omitted pursuant tosection 204 of the "Commonwealth Documents Law," and no final-form regulation subject to this section may take effect pursuant to emergency certification by the Governor undersection 6(d) of the "Regulatory Review Act."(c) Notwithstanding subsection (b) and subject to compliance with the requirements of section 6(d) of the "Regulatory Review Act," relating to emergency certification by the Attorney General or by the Governor, the department may adopt emergency-certified regulations if all of the following apply: (1) The regulations are necessary for the department to comply with changes in applicable Federal statutes or regulations relating to:(i) eligibility for medical assistance nursing facility services; or(ii) program participation or reimbursement for medical assistance nursing facility providers.(2) A delay in adoption of regulations will result in either the loss of Federal funds or replacement of Federal funds with State funds in an amount in excess of one million dollars ($1,000,000).(3) Before publishing the regulations under section 6(d) of the "Regulatory Review Act," the department publishes advance notice in the Pennsylvania Bulletin announcing its intent to adopt regulations pursuant to section 6(d) and solicits public comments for at least fourteen days.(4) The department publishes responses to the comments it received during the fourteen-day public comment period upon adoption of the regulations under section 6(d) of the "Regulatory Review Act."1967, June 13, P.L. 31, No. 21, art. 8-A, § 814-A, added 2003, Sept. 30, P.L. 169, No. 25, § 1, retroactive effective 7/1/2003. Amended 2007, June 30, P.L. 49, No. 16, § 3, imd. effective.