No. 36085 (5-year Review): Rule R414-307. Eligibility for Home and Community-Based Services Waivers

DAR File No.: 36085
Filed: 04/17/2012 10:47:14 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 26-18-3 requires the Department to implement Medicaid policy through administrative rules, which allow the Department to administer the Medicaid program. In addition, this rule is authorized by 42 CFR 435.217, which specifies who may qualify for services under a Medicaid home and community-based services waiver. Further, Section 1924 of the Social Security Act sets forth the provisions on how to apply income and resources for institutionalized spouses.

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 general eligibility requirements for home and community-based services waivers, establishes eligibility requirements for institutionalized individuals, establishes eligibility requirements for medically needy waiver groups, establishes eligibility criteria for the New Choices Waiver, and sets forth other waiver provisions. Therefore, this rule should be continued.

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]

Authorized by:

David Patton, Executive Director

Effective:

04/17/2012

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