Restructuring of the Reimbursement Methodology for Community Residences

NY-ADR

12/30/09 N.Y. St. Reg. MRD-41-09-00016-A
NEW YORK STATE REGISTER
VOLUME XXXI, ISSUE 52
December 30, 2009
RULE MAKING ACTIVITIES
OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES
NOTICE OF ADOPTION
 
I.D No. MRD-41-09-00016-A
Filing No. 1370
Filing Date. Dec. 15, 2009
Effective Date. Jan. 01, 2010
Restructuring of the Reimbursement Methodology for Community Residences
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of sections 635-10.5, 671.7 and 686.13 of Title 14 NYCRR.
Statutory authority:
Mental Hygiene Law, sections 13.07, 13.09(b), 41.36(c) and 43.02
Subject:
Restructuring of the reimbursement methodology for community residences.
Purpose:
To achieve efficiencies by restructuring community residence reimbursement methodology to conform with IRA methodology.
Substance of final rule:
Prior to January 1, 2010, OMRDD had two separate reimbursement methodologies for community residences and Individualized Residential Alternatives (IRAs).
The regulations change the reimbursement methodology for community residences to conform to the methodology currently used for IRAs. The IRA pricing mechanism utilizes a weighted average approach. It aggregates the allowable annual costs of all sites operated by one provider and then recognizes certified capacity and billing periods to render an individual monthly price. The pricing methodology differentiates between supervised sites and supportive sites establishing a singular price for each type of residential facility. These regulations promulgate the consolidation of aggregate costs of community residences with the aggregate costs of IRAs to determine a single agency-specific price for both supervised IRA and supervised community residence facilities and a single agency-specific price for both supportive IRA and supportive community residence facilities.
The proposed regulations are finalized effective January 1, 2010.
Final rule as compared with last published rule:
Nonsubstantive changes were made in sections 635-10.5(b)(5), (8), (9), 671.7(a), 686.13(d)(2), (i)(1), (2), (k)(1).
Text of rule and any required statements and analyses may be obtained from:
Barbara Brundage, Director, Regulatory Affairs Unit, OMRDD, 44 Holland Avenue, Albany, New York 12229, (518) 474-1830, email: [email protected]
Additional matter required by statute:
Pursuant to the requirements of SEQRA OMRDD, as lead agency, has determined that the action described herein will have no effect on the environment and an E.I.S. is not needed.
Revised Regulatory Impact Statement
In preparing the final version of the regulations, non-substantive changes were made from the text that was originally proposed. This was done in recognition of regulations regarding food stamps benefits, liability for food costs and a provider reimbursement offset which also goes into effect on January 1, 2010. In the proposal phase, each of these regulations was constructed as a stand alone document without regard to the consequences one regulation would impose on the other. In order to synchronize the two, the CR regulations adjust cross references to accommodate renumbering due to insertions and deletions in the regulations addressing food stamp benefits; incorporate changes to the reimbursement methodology in the other regulation in explaining the price determination in this regulation; and modify terminology to employ the appropriate language as in changing from a “fee” to a “price.” Minor non-substantive revisions unrelated to the food stamps regulations were also made and typographical errors were corrected.
None of these changes necessitate revisions to the previously published Regulatory Impact Statement.
Revised Regulatory Flexibility Analysis
In preparing the final version of the regulations, non-substantive changes were made from the text that was originally proposed. This was done in recognition of regulations regarding food stamps benefits, liability for food costs and a provider reimbursement offset which also goes into effect on January 1, 2010. In the proposal phase, each of these regulations was constructed as a stand alone document without regard to the consequences one regulation would impose on the other. In order to synchronize the two, the CR regulations adjust cross references to accommodate renumbering due to insertions and deletions in the regulations addressing food stamp benefits; incorporate changes to the reimbursement methodology in the other regulation in explaining the price determination in this regulation; and modify terminology to employ the appropriate language as in changing from a “fee” to a “price.” Minor non-substantive revisions unrelated to the food stamps regulations were also made and typographical errors were corrected.
None of these changes necessitate revisions to the previously published Regulatory Flexibility Analysis.
Revised Rural Area Flexibility Analysis
In preparing the final version of the regulations, non-substantive changes were made from the text that was originally proposed. This was done in recognition of regulations regarding food stamps benefits, liability for food costs and a provider reimbursement offset which also goes into effect on January 1, 2010. In the proposal phase, each of these regulations was constructed as a stand alone document without regard to the consequences one regulation would impose on the other. In order to synchronize the two, the CR regulations adjust cross references to accommodate renumbering due to insertions and deletions in the regulations addressing food stamp benefits; incorporate changes to the reimbursement methodology in the other regulation in explaining the price determination in this regulation; and modify terminology to employ the appropriate language as in changing from a “fee” to a “price.” Minor non-substantive revisions unrelated to the food stamps regulations were also made and typographical errors were corrected.
None of these changes necessitate revisions to the previously published Rural Area Flexibility Analysis.
Revised Job Impact Statement
In preparing the final version of the regulations, non-substantive changes were made from the text that was originally proposed. This was done in recognition of regulations regarding food stamps benefits, liability for food costs and a provider reimbursement offset which also goes into effect on January 1, 2010. In the proposal phase, each of these regulations was constructed as a stand alone document without regard to the consequences one regulation would impose on the other. In order to synchronize the two, the CR regulations adjust cross references to accommodate renumbering due to insertions and deletions in the regulations addressing food stamp benefits; incorporate changes to the reimbursement methodology in the other regulation in explaining the price determination in this regulation; and modify terminology to employ the appropriate language as in changing from a “fee” to a “price.” Minor non-substantive revisions unrelated to the food stamps regulations were also made and typographical errors were corrected.
None of these changes necessitate revisions to the previously published Job Impact Statement.
Assessment of Public Comment
The agency received no public comment.
End of Document