No. 39145 (5-year Review): Rule R414-309. Medicare Drug Benefit Low-Income Subsidy Determination

DAR File No.: 39145
Filed: 02/18/2015 07:49:56 AM

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 the authority to adopt, amend, or rescind rules as necessary to implement the Medicaid program, and Section 26-18-3 requires the Department to implement the Medicaid program through administrative rules. In addition, 42 CFR 423.904 requires the Department to make eligibility determinations and redeterminations for low-income premium and cost-sharing subsidies.

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:

The Department will continue this rule because it sets forth the requirements for completing eligibility determinations for the Medicare Part D low-income subsidies as required by the Medicare Modernization Act.

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]

Effective:

02/18/2015

Authorized by:

David Patton, Executive Director

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