No. 30625: R410-14. Administrative Hearing Procedures

DAR File No.: 30625
Filed: 10/29/2007, 08:40
Received by: NL

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Section 26-18-3 requires the Department to enact administrative rules to implement Medicaid programs. Section 26-18-2.3 requires the effective and impartial administration of the Medicaid program. Section 63-46b-1 authorizes the department to conduct administrative review to carry out the provisions of this title. 42 CFR 431, Subpart E requires the department to provide a fair hearing process for disputed Medicaid issues. Section 1902(a)(3) of the Social Security Act requires the division to grant a fair hearing before the state agency to any individual whose claim for medical assistance under the plan is denied or is not acted upon with reasonable promptness.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No written or oral comments were received regarding this rule.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule is necessary because it establishes the administrative hearing procedures for the Department of Health, Division of Healthcare Financing. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Health
Health Care Financing
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY UT 84116-3231

Direct questions regarding this rule to:

Craig Devashrayee at the above address, by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at [e-mail]

Authorized by:

David N. Sundwall, Executive Director