No. 33342 (Amendment): Section R414-1-5. Incorporations by Reference  

  • (Amendment)

    DAR File No.: 33342
    Filed: 01/27/2010 11:28:57 AM

    RULE ANALYSIS

    Purpose of the rule or reason for the change:

    Subsection 26-18-3(2)(a) requires the Medicaid program to implement policy through administrative rules. The Department, in order to draw down federal funds, 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. It also implements by rule ongoing Medicaid policy for services described in the Utah Medicaid Provider Manual, Medical Supplies Manual and List, and policy described in the hospital services provider manual. It further incorporates these manuals 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 04/01/2010. It also incorporates State Plan Amendments that become effective no later than 04/01/2010. The change further incorporates by reference the Medical Supplies Manual and List and the hospital services provider manual, effective 04/01/2010.

    State statutory or constitutional authorization for this rule:

    This rule or change incorporates by reference the following material:

    • Updates: Hospital Services Provider Manual, 04/01/2010
    • Updates: Medcial Supplies Manual and List, 04/01/2010
    • Updates: Utah Medicaid State Plan, 04/01/2010

    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. Further, the rule's incorporation of ongoing Medicaid policy described in the Medical Supplies Manual and List and in the hospital services provider manual does not create costs or savings to the Department or other state agencies.

    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. Further, the rule's incorporation of ongoing Medicaid policy described in the Medical Supplies Manual and List and in the hospital services provider manual does not create costs or savings to local governments.

    small 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. Further, the rule's incorporation of ongoing Medicaid policy described in the Medical Supplies Manual and List and in the hospital services provider manual does not create costs or savings to small businesses.

    persons other than small businesses, businesses, or local governmental entities:

    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. Further, the rule's incorporation of ongoing Medicaid policy described in the Medical Supplies Manual and List and in the hospital services provider manual does not create costs or savings to persons other than small businesses, businesses, or local government entities.

    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. Further, the rule's incorporation of ongoing Medicaid policy described in the Medical Supplies Manual and List and in the hospital services provider manual does not create costs or savings to a single Medicaid client or provider.

    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.

    David N. Sundwall, MD, Executive Director

    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
    288 N 1460 W
    SALT LAKE CITY, UT 84116-3231

    Direct questions regarding this rule to:

    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:

    03/17/2010

    This rule may become effective on:

    03/24/2010

    Authorized by:

    David 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 incorporates by reference the Utah State Plan Under Title XIX of the Social Security Act Medical Assistance Program effective [January]April 1, 2010. It also incorporates by reference State Plan Amendments that become effective no later than [January]April 1, 2010.

    (2) The Department incorporates by reference the Medical Supplies Manual and List described in the Utah Medicaid Provider Manual, Section 2, Medical Supplies, with its referenced attachment, Medical Supplies List, [January]April 1, 2010, as applied in Rule R414-70.

    (3) The Department incorporates by reference the Hospital Services Provider Manual, with its attachments, effective [January]April 1, 2010.

     

    KEY: Medicaid

    Date of Enactment or Last Substantive Amendment: [January 1], 2010

    Notice of Continuation: April 16, 2007

    Authorizing, and Implemented or Interpreted Law: 26-1-5; 26-18-3

     


Document Information

Effective Date:
3/24/2010
Publication Date:
02/15/2010
Filed Date:
01/27/2010
Agencies:
Health,Health Care Financing, Coverage and Reimbursement Policy
Rulemaking Authority:

Section 26-18-3

Section 26-1-5

Authorized By:
David Sundwall, Executive Director
DAR File No.:
33342
Related Chapter/Rule NO.: (1)
R414-1-5. State Plan.