No. 32352: R414-99. Chiropractic Services

DAR File No.: 32352
Filed: 02/04/2009, 08:20
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 26-1-5 grants the Department of Health the power to adopt, amend, or rescind rules that shall have the force and effect of law. Section 26-18-3 requires the Department to implement the Medicaid program through administrative rules. In addition, 42 CFR 440.60 authorizes the provision of chiropractic services to Medicaid clients by licensed practitioners.

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

The Department did not receive any written or oral comments 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 eligibility and access requirements for clients who need chiropractic services. Therefore, this rule should be continued. In accordance with budget reduction mandates set forth by the 2008 Second Special Session of the Utah Legislature, an amendment to this rule has been filed. This amendment allows only pregnant women and individuals eligible under the Early and Periodic Screening, Diagnosis and Treatment (EPSDT) program to receive chiropractic services. (DAR NOTE: the proposed amendment to Section R414-99-2 is under DAR No. 32229 in the January 15, 2009, issue of the Bulletin.)

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:

Kimi McNutt at the above address, by phone at 801-538-6381, by FAX at 801-538-6099, or by Internet E-mail at [e-mail]

Authorized by:

David N. Sundwall, Executive Director