Facilities for Persons with Developmental Disabilities (ICFDD) LSC: 0325209

Facilities for Persons with Developmental Disabilities (ICFDD) LSC: 0325209

REGULATORY ANALYSIS

For

Proposed amendments to 6 CCR 1011-1, Standards for Hospitals and
Health Facilities

Chapter VIII (2) – Facilities for Persons with Developmental Disabilities

Adopted by the State Board of Health on
April 15, 2009

Physical Plant Safety and Life Safety Code Fees

1.A description of the classes of persons who will be affected by the proposed rule, including classes that will bear the costs of the proposed rule and classes that will benefit from the proposed rule.

The proposed regulations will impact facilities for persons with developmental disabilities by requiring that they undergo plan review to ensure life safety code compliance as a condition of state licensure. In addition, the review determines compliance with other applicable physical plant requirements established in Chapter VIII (2). The cost of the rule will be borne by the facilities, which will be assessed fees to cover the Department’s cost associated with oversight.

Plan review is triggered by the following events initiated by the facility:

 submittal of an initial licensure application;

 new construction by a licensee;

 relocation by a licensee to a different facility;

 remodeling by a licensee, such as alteration of the structural elements of egress components.

The rule is designed to benefit the facilities’ patients, visitors and staff because it will allow the Department to monitor facilities – through the state licensure program – for compliance with fire safety standards, specifically the National Fire Protection Association (NFPA) 101, Life Safety Code (2000).

2.To the extent practicable, a description of the probable quantitative and qualitative impact of the proposed rule, economic or otherwise, upon affected classes of persons.

Fires can cause harm to individuals, disruption to care, and damage to property. Monitoring compliance with fire codes minimizes the danger that a fire will occur at a facility and also mitigates harm in the event that it does occur.

Compliance monitoring will be conducted through a process called plan review. Plan review involves analysis of construction building plans and/or onsite inspections depending on the complexity of the construction project. The analysis of the plans typically occurs prior to facility construction. (Healthcare stakeholder groups have noted that construction plan analysis is cost-effective because modifying errors in plans is significantly cheaper than correcting deficiencies after the facility is built.) Onsite inspections typically occur during construction (interim inspections) as well as upon completion of construction (final inspection). Since construction often deviates somewhat from the construction plans, it is anticipated that it will be more cost-effective for facilities if the problems are found during interim inspections than after project completion.

Facilities that undergo plan review will be assessed a fee to cover Department costs. The amount of the fee will depend on the square footage subject to plan review. Sample plan review fees for facilities that meet the Health Care Occupancy standards are provided in Table 1.

Table 1. Sample Plan Review Fees for Health Care Occupancies

Plan Review Fee for:

Sample plan review fees for facilities that meet the Board and Care standards are provided in Table 2.

Table 2. Sample Plan Review Fees for Board and Care Occupancies

Plan Review Fee for:

3.The probable costs to the agency and to any other agency of the implementation and enforcement of the proposed rule and any anticipated effect on state revenues.

The Department’s licensure program is cash funded, which means that costs must be paid for through fees. The amount of fees that will be collected is unknown.

4.A comparison of the probable costs and benefits of the proposed rule to the probable costs and benefits of inaction.

Action is being taken to comply with state law. Inaction would prevent the Department from collecting licensure fees and conducting fire safety code oversight.

5.A determination of whether there are less costly methods or less intrusive methods for achieving the purpose of the proposed rule.

No less costly or less intrusive methods for achieving the purpose of the proposed rule were found.

6.A description of any alternative methods for achieving the purpose of the proposed rule that were seriously considered by the agency and the reasons why they were rejected in favor of the proposed rule.

No alternative methods of achieving the purpose of the proposed rule were found. Although fire safety is also monitored under the federal Medicare/Medicaid program, the federal oversight does not include review of construction plans or periodic inspections prior to project completion.

7.To the extent practicable, a quantification of the data used in the analysis; the analysis must take into account both short-term and long-term consequences.

The consequences of the rule include regulatory conformance with state law.

1