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S.B. 94

             1     

NURSING CARE FACILITIES ASSESSMENT

             2     
AMENDMENTS

             3     
2000 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Sponsor: Gene Davis

             6      AN ACT RELATING TO HEALTH; ELIMINATING THE ANNUAL ADJUSTMENT OF THE
             7      NURSING CARE FACILITY ASSESSMENT; MAKING TECHNICAL AMENDMENTS; AND
             8      PROVIDING AN EFFECTIVE DATE.
             9      This act affects sections of Utah Code Annotated 1953 as follows:
             10      AMENDS:
             11          26-35-104, as last amended by Chapter 150, Laws of Utah 1994
             12      Be it enacted by the Legislature of the state of Utah:
             13          Section 1. Section 26-35-104 is amended to read:
             14           26-35-104. Collection, remittance, and payment of nursing facilities assessment.
             15          (1) [Beginning July 1, 1992, an] An assessment is imposed upon each nursing care facility
             16      in the amount of $1.50 per patient day. [The amount of the assessment shall be adjusted annually
             17      as determined by rule by the department. The adjustment shall be based on the same percentage
             18      change as the percentage change in the Utah nursing facility inflation index.]
             19          (2) (a) The assessment imposed by this chapter is due and payable on a monthly basis on
             20      or before the last day of the month next succeeding each monthly period.
             21          (b) The collecting agent for this assessment shall be the department which is vested with
             22      the administration and enforcement of this chapter, including the right to audit records of a nursing
             23      facility related to patient days of care for the facility.
             24          (c) The department shall forward proceeds from the assessment imposed by this chapter
             25      to the state treasurer for deposit in the General Fund as specified in Section 26-35-106 .
             26          (3) Each nursing facility shall, on or before the end of the month next succeeding each
             27      calendar monthly period, file with the department a return for the monthly period, and shall remit


             28      with the return the assessment required by this chapter to be paid for the period covered by the
             29      return.
             30          (4) Each return shall contain information and be in the form the department prescribes by
             31      rule.
             32          (5) The assessment as computed in the return shall be based on the total amount of patient
             33      days during the monthly period.
             34          (6) The department may by rule, extend the time for making returns and paying the
             35      assessment.
             36          (7) Each nursing facility that fails to pay any assessment required to be paid to the state,
             37      within the time required by this chapter, or that fails to file a return as required by this chapter,
             38      shall pay, in addition to the assessment, penalties and interest as provided in Section 26-35-105 .
             39          Section 2. Effective date.
             40          This act takes effect on July 1, 2000.




Legislative Review Note
    as of 12-1-99 1:14 PM


A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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