No. 33466 (5-year Review): Rule R414-309. Medicare Drug Benefit Low-Income Subsidy Determination

DAR File No.: 33466
Filed: 03/18/2010 02:30:57 PM

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. In addition, 42 CFR 423.904 requires the Department to exchange information on Medicare Part D subsidy applicants.

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 has not received 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 should be continued because the Medicare Modernization Act requires the Department to have the ability to determine eligibility for the Medicare drug benefit low-income subsidies.

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:

• Kimi Gomez at the above address, by phone at 801-538-6381, by FAX at 801-237-0785, or by Internet E-mail at [e-mail]

Effective:

03/18/2010

Authorized by:

David Sundwall, Executive Director

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