(a) The department may issue such regulations and orders as may be necessary to implement the nursing facility assessment program in accordance with the requirements of this article.

(b) During each fiscal year in which an assessment is implemented pursuant to this article, the department shall not adopt new regulations or revise existing regulations that limit, restrict or reduce eligibility for medical assistance nursing facility services or program participation or reimbursement for medical assistance nursing facility providers without publishing a notice of proposed rulemaking and adopting a final-form regulation after public notice and comment in accordance with 45 Pa.C.S. (relating to legal notices) and the act of July 31, 1968 (P.L. 769, No. 240),¹ known as the “Commonwealth Documents Law,” and subject to review pursuant to the act of June 25, 1982 (P.L. 633, No. 181),² known as the “Regulatory Review Act.” Notice of proposed rule making shall not be omitted pursuant to section 204³ of the “Commonwealth Documents Law,” and no final-form regulation subject to this section may take effect pursuant to emergency certification by the Governor under section 6(d)⁴ of the “Regulatory Review Act.”

(c) Notwithstanding subsection (b) and subject to compliance with the requirements of section 6(d) of the “Regulatory Review Act” relating to emergency certification by the Attorney General or by the Governor, the department may adopt emergency-certified regulations if all of the following apply: