No. 41422 (5-year Review): Rule R414-307. Eligibility for Home and Community-Based Services Waivers

DAR File No.: 41422
Filed: 03/29/2017 04:38:01 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 26-18-3 requires the Department to implement the Medicaid program through administrative rules. In addition, 42 CFR 435.217 specifies who may qualify for home and community-based services (HCBS), and Section 1924 of the Social Security Act sets forth provisions on how to apply income and resources for certain 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:

The Department will continue this rule because it establishes general eligibility requirements for HCBS waivers, sets forth eligibility for institutionalized individuals and community spouses, and specifies who may become eligible for each HCBS waiver under the Medicaid program.

The full text of this rule may be inspected, during regular business hours, at the Office 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]

Effective:

03/29/2017

Authorized by:

Joseph Miner, Executive Director

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