No. 32113: R414-1-5. Incorporations by Reference

DAR File No.: 32113
Filed: 10/30/2008, 03:34
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this change is to comply with budget reduction mandates set forth in the 2008 Second Special Session of the Utah Legislature. Accordingly, the Department is amending the State Plan to comply with these reductions because Subsection 26-18-3(2)(a) requires the Medicaid program to implement policy through administrative rules. In order to draw down federal funds, the Department must have an approved State Plan with the Centers for Medicare and Medicaid Services. This change, therefore, incorporates the most current Medicaid State Plan by reference.

Summary of the rule or change:

Subsection R414-1-5(2) is changed to update the incorporation of the State Plan by reference effective 11/01/2008, to comply with budget reduction mandates. It also incorporates State Plan Amendments that become effective no later than 11/01/2008.

State statutory or constitutional authorization for this rule:

Section 26-18-3

This rule or change incorporates by reference the following material:

Utah Medicaid State Plan, 11/01/2008

Anticipated cost or savings to:

the state budget:

There is no budget impact because this change only fulfills the requirement to incorporate the State Plan by reference. Implementation of the State Plan is within legislative budget allotments.

local governments:

There is no budget impact because this change only fulfills the requirement to incorporate the State Plan by reference. Implementation of the State Plan is within legislative budget allotments.

small businesses and persons other than businesses:

There is no budget impact because this change only fulfills the requirement to incorporate the State Plan by reference. Implementation of the State Plan is within legislative budget allotments.

Compliance costs for affected persons:

There are no compliance costs because this change only fulfills the requirement to incorporate the State Plan by reference. Implementation of the State Plan is within legislative budget allotments.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule should not have a direct fiscal impact on business. Incorporation of the State Plan by this rule assures that the Medicaid program is implemented through administrative rule. Emergency filing is necessary due to changes in the special session, S.B. 2001 (2008 2nd Spec Sess). David N. Sundwall, MD, Executive Director (DAR NOTE: S.B. 2001 (2008 2nd Spec Sess) is found at Chapter 9, Laws of Utah 2008, and was effective 10/15/2008.)

Emergency rule reason and justification:

Regular rulemaking procedures would cause an imminent budget reduction because of budget restraints or federal requirements.

This change is necessary to comply with budget reduction mandates set forth in the 2008 Second Special Session of the Utah Legislature.

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, Coverage and Reimbursement Policy
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]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

This rule is effective on:

11/01/2008

Authorized by:

David N. Sundwall, Executive Director

RULE TEXT

R414. Health, Health Care Financing, Coverage and Reimbursement Policy.

R414-1. Utah Medicaid Program.

R414-1-5. Incorporations by Reference.

(1) The Department adopts the Utah State Plan Under Title XIX of the Social Security Act Medical Assistance Program effective [October]November 1, 2008. It also incorporates by reference State Plan Amendments that become effective no later than [October]November 1, 2008.

(2) The Department adopts the Medical Supplies Manual and List described in the Utah Medicaid Provider Manual, Section 2, Medical Supplies, with its referenced attachment, Medical Supplies List, October 1, 2008, as applied in Rule R414-70.

 

KEY: Medicaid

Date of Enactment or Last Substantive Amendment: November 1, 2008

Notice of Continuation: April 16, 2007

Authorizing, and Implemented or Interpreted Law: 26-1-5; 26-18-1