33-5-108 - Determination of fiscal impact on licensees following regulatory or policy changes Notice.

33-5-108. Determination of fiscal impact on licensees following regulatory or policy changes Notice.

The department of mental health and developmental disabilities, division of intellectual disabilities services (DIDS), shall assess in writing the fiscal impact on licensees under title 33, chapter 2, part 4, of any change to any rule, regulation, policy or guideline relating to the staffing, physical plant or operating procedures of the licensee for rendering services pursuant to a contract, grant or agreement with DIDS. Unless exigent circumstances require the change to be implemented sooner, no less than thirty (30) days before the change in the rule, regulation, policy or guideline is to take effect, the department's estimate of fiscal impact shall be transmitted by the deputy commissioner for mental retardation services to the finance, ways and means committee of the house of representatives, the finance, ways and means committee of the senate and the comptroller of the treasury for any appropriate review. If exigent circumstances, such as an unforeseen court order, require a change to be implemented sooner, then DIDS's statement describing the exigent circumstances that prevented thirty (30) days notice shall be provided to the finance, ways and means committee of the house of representatives, the finance, ways and means committee of the senate and the comptroller of the treasury not later than five (5) days after implementing the change. In that case DIDS shall provide the estimate of fiscal impact to the entities above within sixty (60) days after implementing the change.

[Acts 2001, ch. 137, § 1; 2002, ch. 730, § 26; 2009, ch. 477, § 1.]