Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 392 (2024GS)

Sponsor

Rep. Whyte, S.

Final action

Governor Signed 3/14/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• removes statutorily prescribed penalties and interest imposed on nursing care facilities for failure to pay an assessment;
• grants to the Division of Integrated Healthcare rulemaking authority to require nursing care facilities to pay a penalty for failure to timely pay an assessment; and
• makes technical corrections.

Every vote on this bill

Bill text

This document includes House Committee Amendments incorporated into the bill on Thu, Feb 1, 2024 at 9:53 AM by housengrossing.
NURSING CARE FACILITY MODIFICATIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephen L. Whyte
Senate Sponsor: 
 Ann Millner
LONG TITLE
General Description:
This bill modifies provisions related to nursing care facilities.
Highlighted Provisions:
This bill:
▸ removes statutorily prescribed penalties and interest imposed on nursing care
facilities for failure to pay an assessment;
▸ grants to the Division of Integrated Healthcare rulemaking authority to require
nursing care facilities to pay a penalty for failure to timely pay an assessment; and
▸ makes technical corrections.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26B-3-403
, as renumbered and amended by Laws of Utah 2023, Chapter 306
26B-3-404
, as renumbered and amended by Laws of Utah 2023, Chapter 306
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26B-3-403
 is amended to read:
26B-3-403.
Collection, remittance, and payment of nursing care facilities
assessment.
(1) (a) Beginning July 1, 2004, an assessment is imposed upon each nursing care
facility in the amount designated in Subsection (1)(c).
(b) (i) The department shall establish by rule, a uniform rate per non-Medicare patient
day that may not exceed 6% of the total gross revenue for services provided to patients of all
nursing care facilities licensed in this state.
(ii) For purposes of Subsection (1)(b)(i), total revenue does not include charitable
contribution received by a nursing care facility.
(c) The department shall calculate the assessment imposed under Subsection (1)(a) by
multiplying the total number of patient days of care provided to non-Medicare patients by the
nursing care facility, as provided to the department pursuant to Subsection (3)(a), by the
uniform rate established by the department pursuant to Subsection (1)(b).
(2) (a) The assessment imposed by this part is due and payable on a monthly basis on
or before the last day of the month next succeeding each monthly period.
(b) The collecting agent for this assessment shall be the department which is vested
with the administration and enforcement of this part, including the right to audit records of a
nursing care facility related to patient days of care for the facility.
(c) The department shall forward proceeds from the assessment imposed by this part to
the state treasurer for deposit in the expendable special revenue fund as specified in Section
26B-1-332
.
(3) Each nursing care facility shall, on or before the end of the month next succeeding
each calendar monthly period, file with the department:
(a) a report which includes:
(i) the total number of patient days of care the facility provided to non-Medicare
patients during the preceding month;
(ii) the total gross revenue the facility earned as compensation for services provided to
patients during the preceding month; and
(iii) any other information required by the department; and
(b) a return for the monthly period, and shall remit with the return the assessment
required by this part to be paid for the period covered by the return.
(4) Each return shall contain information and be in the form the department prescribes
by rule.
(5) The assessment as computed in the return is an allowable cost for Medicaid
reimbursement purposes.
(6) The department may by rule, extend the time for making returns and paying the
assessment.
(7) Each nursing care facility that fails to pay any assessment required to be paid to the
state, within the time required by this part, or that fails to file a return as required by this part,
shall pay, in addition to the assessment[
,
] 
and
 penalties [
and interest
] as provided in Section
26B-3-404
.
Section 2. Section 
26B-3-404
 is amended to read:
26B-3-404.
Penalties .
[
(1) The penalty for failure to file a return or pay the assessment due within the time
prescribed by this part is the greater of $50, or 1% of the assessment due on the return.
]
[
(2) For failure to pay within 30 days of a notice of deficiency of assessment required
to be paid, the penalty is the greater of $50 or 5% of the assessment due.
]
[
(3) The penalty for underpayment of the assessment is as follows:
]
[
(a) If any underpayment of assessment is due to negligence, the penalty is 25% of the
underpayment.
]
[
(b) If the underpayment of the assessment is due to intentional disregard of law or
rule, the penalty is 50% of the underpayment.
]
[
(4) For intent to evade the assessment, the penalty is 100% of the underpayment.
]
[
(5) The rate of interest applicable to an underpayment of an assessment under this part
or an unpaid penalty under this part is 12% annually.
]
(1) The division shall require a nursing care facility that fails to pay an assessment due
under this part to pay
Ĥ→ 
to
 ←Ĥ
the division, in addition to the assessment, a penalty determined
84a 
by the
division.
[
(6)
] 
(2)
 The department may waive the imposition of a penalty for good cause.
(3) The division shall make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, prescribing the administration and requirements for this
section.
Section 3. 
Effective date.
This bill takes effect on May 1, 2024.