BILL NUMBER: S344

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 signif-
icant hardship and considerable difficulty for affected parties because
it has a detrimental impact on the ability of these parties to effi-
ciently 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. 2899/A. 6059 of 2019/20; Passed Senate

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.