No. 32637 (Amendment): R414-1-5. Incorporations by Reference  

  • DAR File No.: 32637
    Filed: 04/30/2009, 05:28
    Received by: NL

    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 July 1, 2009. It also incorporates State Plan Amendments that become effective no later than July 1, 2009. The change further incorporates by reference the Medical Supplies Manual and List and the hospital services provider manual, effective July 1, 2009.

    State statutory or constitutional authorization for this rule:

    Sections 26-1-5 and 26-18-3

    This rule or change incorporates by reference the following material:

    Utah Medicaid State Plan, July 1, 2009; Utah Medicaid Provider Manual, Medical Supplies Manual and List, July 1, 2009; and Hospital Services Provider Manual, July 1, 2009

    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 the Department or other state agencies.

    small businesses and persons other than 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 the Department or other state agencies.

    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 the Department or other state agencies.

    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
    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 cdevashrayee@utah.gov

    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:

    06/15/2009

    This rule may become effective on:

    07/01/2009

    Authorized by:

    David N. 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 adopts the Utah State Plan Under Title XIX of the Social Security Act Medical Assistance Program effective [April]July 1, 2009. It also incorporates by reference State Plan Amendments that become effective no later than [April]July 1, 2009.

    (2) The Department adopts the Medical Supplies Manual and List described in the Utah Medicaid Provider Manual, Section 2, Medical Supplies, with its referenced attachment, Medical Supplies List, [April]July 1, 2009, as applied in Rule R414-70.

    (3) The Department adopts the Hospital Services Provider Manual, effective [April]July 1, 2009.

     

    KEY: Medicaid

    Date of Enactment or Last Substantive Amendment: [April 1], 2009

    Notice of Continuation: April 16, 2007

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

     

     

Document Information

Effective Date:
7/1/2009
Publication Date:
05/15/2009
Filed Date:
04/30/2009
Agencies:
Health,Health Care Financing, Coverage and Reimbursement Policy
Rulemaking Authority:

Sections 26-1-5 and 26-18-3

Authorized By:
David N. Sundwall, Executive Director
DAR File No.:
32637
Related Chapter/Rule NO.: (1)
R414-1-5. State Plan.