NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Notice of Comments Issued

[41 Pa.B. 714]
[Saturday, January 29, 2011]

 Section 5(g) of the Regulatory Review Act (71 P. S. § 745.5(g)) provides that the Independent Regulatory Review Commission (Commission) may issue comments within 30 days of the close of the public comment period. The Commission comments are based upon the criteria contained in section 5.2 of the Regulatory Review Act (71 P. S. § 745.5b).

 The Commission has issued comments on the following proposed regulation. The agencies must consider these comments in preparing the final-form regulation. The final-form regulation must be submitted within 2 years of the close of the public comment period or it will be deemed withdrawn.

			IRRC
		Close of the Public	Comments
Reg No.	Agency/Title	Comment Period	Issued
14-520	Department of Public Welfare	12/13/10	1/12/11
	Transition to RUG-III Version 5.12  and Latest Assessment
	40 Pa.B. 6525
	(November 13, 2010)

Department of Public Welfare
Regulation #14-520 (IRRC #2881)

Transition to RUG-III Version 5.12 and Latest Assessment

January 12, 2011

 We submit for your consideration the following comments on the proposed rulemaking published in the November 13, 2010 Pennsylvania Bulletin. Our comments are based on criteria in Section 5.2 of the Regulatory Review Act (RRA) (71 P. S. § 745.5b). Section 5.1(a) of the RRA (71 P. S. § 745.5a(a)) directs the Department of Public Welfare (Department) to respond to all comments received from us or any other source.

1. Section 1187.93. CMI calculations.—Implementation procedures; Clarity.

 This regulation amends the Department's payment methodology to phase-in the use of a new classification system and the most recent resident assessments in determining the case-mix indices that are used in setting case-mix per-diem rates for non-public nursing facilities and in making certain incentive payments to county nursing facilities. In the proposed regulation, the Department applies rate settings to past rate years and quarters, in particular beginning with July 1, 2010. The Department needs to clarify how the new rates applied to these periods will occur retroactively. Similar concerns apply to Section 1187.96, Section 1187.97, Appendix A, and Section 1189.105.

SILVAN B. LUTKEWITTE, III, 
Chairperson

[Pa.B. Doc. No. 11-199. Filed for public inspection January 28, 2011, 9:00 a.m.]

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