No. 39949 (5-year Review): Rule R527-800. Acquisition of Real Property, and Medical Support Cooperation Requirements

DAR File No.: 39949
Filed: 11/16/2015 08:05:13 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 62A-11-104 gives the Office of Recovery Services (ORS) the authority to determine whether an applicant or recipient of cash assistance or Medicaid is cooperating in good faith. Section 62A-11-111 provides ORS with reasonable costs of sale and settlement of property or an estate when it becomes necessary to sell property or settle an estate. Section 59-2-1101 states that property owned by the state is tax exempt. 42 CFR 433.147-148 authorizes ORS to gather information from a recipient of medical assistance regarding Third Party Liability, establishment of paternity for children to establish medical support liability, and in utilizing all available third party resources to offset Medicaid expenditures, and by failing to provide this information, the recipient may be removed from the medical assistance case.

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

There have been no comments received since the last five-year review of the 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 laws that require ORS to initiate enforcement actions against real property in order to satisfy financial obligations when other methods have failed or are unavailable are still in effect.

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

Human Services
Recovery Services
515 E 100 S
SALT LAKE CITY, UT 84102-4211

Direct questions regarding this rule to:

• Casey Cole at the above address, by phone at 801-536-0360, by FAX at 801-536-8509, or by Internet E-mail at [e-mail]

Effective:

11/16/2015

Authorized by:

Liesa Stockdale, Director

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