PASRR SCREEN Requirements
NY-ADR
11/4/09 N.Y. St. Reg. HLT-28-09-00015-A
NEW YORK STATE REGISTER
VOLUME XXXI, ISSUE 44
November 04, 2009
RULE MAKING ACTIVITIES
DEPARTMENT OF HEALTH
NOTICE OF ADOPTION
I.D No. HLT-28-09-00015-A
Filing No. 1207
Filing Date. Oct. 20, 2009
Effective Date. Nov. 04, 2009
PASRR SCREEN Requirements
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of section 400.12 of Title 10 NYCRR.
Statutory authority:
Public Health Law, section 2803(2)
Subject:
PASRR SCREEN Requirements.
Purpose:
Remove outdated language; revise incorrect language; remove SCREEN from regulation text and replace with reference.
Text or summary was published
in the July 15, 2009 issue of the Register, I.D. No. HLT-28-09-00015-P.
Final rule as compared with last published rule:
No changes.
Text of rule and any required statements and analyses may be obtained from:
Katherine Ceroalo, DOH, Bureau of House Counsel, Regulatory Affairs Unit, Room 2438, ESP, Tower Building, Albany, NY 12237, (518) 473-7488, email: [email protected]
Assessment of Public Comment
The Department received one written comment during the 45-day public comment period on the proposed rule making changes to Section 400.12 of Title 10 New York Codes, Rules and Regulation regarding PASRR SCREEN requirements. The written comment was submitted by the Long Term Care Community Coalition (LTCCC). In their comment, LTCCC expressed its concern that removal of the SCREEN form from the regulation will deprive the public of the opportunity for notice and comment when the form is revised.
"The Long Term Care Community Coalition, a coalition of over two dozen civic, consumer and professional organizations, writes in opposition to one section in the proposed rulemaking I.D. No. HLT-28-09-00015-P.
The proposed regulation, if adopted, will deprive the public of the opportunity for notice and comment when changes are made to New York's screening of individuals for nursing home admission. The current regulation contains the SCREEN form, permitting the public to comment when changes are proposed. By removing the SCREEN form from regulation, the proposed regulation will deprive interested individuals the opportunity to comment. While we understand that the SCREEN is currently being updated and support the effort to conform the form to federal law, we do not support denying the public an opportunity to comment on these revisions."
Response:
The Department will continue to accept comments and concerns from the public and any interested party regarding the SCREEN form and will consider this input in evaluating proposed revisions to the form. This process will be facilitated by removal of the form from 10 NYCRR since the need for regulatory revision will be negated. As the regulatory process tends to be quite lengthy, it is anticipated that the proposed rulemaking currently under consideration will expedite processing of future revisions to the SCREEN form. As described in the proposed rule, I.D. No. HLT-28-09-00015-P, the form will be maintained and accessible to all interested parties on the Department's public website at: http://www.health.state.ny.us/forms/.
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