No. 27541: R414-49. Dental Service

DAR File No.: 27541
Filed: 11/12/2004, 10:02
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:

This rule is authorized under Section 26-1-5 that grants the Utah Department of Health the power to adopt, amend, or rescind rules that shall have the force and effect of law. In addition, Section 26-18-3 requires the Department to administer the Medicaid program. Furthermore, 42 CFR 440.100 authorizes dental services that include diagnostic, preventive, or corrective procedures.

 

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

A public hearing on limited dental services was held in April of 2004. General comments focused on restoring the original adult dental benefit and including exams. On June 1, 2002, the adult dental benefit was cut due to a lack of funding. As a result, there were numerous complaints from recipients and advocacy groups regarding the reduction in service and testimony related to the need for adult dental benefits. While the program's reimbursement is within the appropriated dollars, there have been numerous phone calls and letters from providers, recipients, and advocacy groups expressing the need to raise dental reimbursement levels.

 

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

This rule should be continued because it provides dental services to eligible Medicaid recipients that are diagnostic, preventative, and corrective in nature and help to ensure better dental health. The Department disagrees with comments to the rule because the dental program should be consistent with legislative intent to not cover dental exams. In addition, the agency disagrees with opposing comments regarding original adult dental coverage because the legislature is limited in its appropriation of funds.

 

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]

 

Authorized by:

Scott D. Williams, Executive Director