No. 37610 (5-year Review): Rule R382-10. Eligibility

DAR File No.: 37610
Filed: 05/09/2013 10:13:39 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 of Health the power to adopt, amend, or rescind rules that shall have the force and effect of law. In addition, Section 26-40-103 requires the Department to administer the Children's Health Insurance Program (CHIP) by rule and to implement eligibility requirements.

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

In May 2011, the Department received a written comment after it filed an amendment to implement H.B. 260, from the 2010 General Session. This bill allows households to use adjusted gross income as reported to the Tax Commission for eligibility in CHIP. The advocacy group which issued the comment argued that the rule change was too restrictive because it expressly excluded CHIP recipients from the gross income allowance if they received other medical assistance. The group further stated that the restriction did not reflect legislative intent.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The Department agreed that the rule should not be more restrictive than the statute. The Department, therefore, filed a change to the proposed rule to remove the restriction on CHIP recipients, and the new change became effective on 08/22/2011. The Department will continue this rule because it sets forth eligibility requirements for children to receive CHIP coverage.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Health
Children's Health Insurance Program
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:

05/09/2013

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