REINTERPRETATION OF EXISTING MEDICAID POLICY; BED AND REPORTING REQUIREMENTS: If the department changes how it interprets existing Medicaid provider policy, that change in policy must be processed in the same manner that the department uses when promulgating new Medicaid provider policy. This process shall Include, but is not limited to, allowing Medicaid providers the opportunity to comment on the change of policy and providing a prospective effective date for the change of policy.

The department shall establish a bed escrow program that allows a nursing facility to set aside beds for not less than 10 years without having to reestablish or relinquish the beds. This program shall not require the beds set aside to be contiguous and shall replace the current Medicaid policy for nonavailable bed plans for a nursing facility.