No. 38632 (5-year Review): Rule R414-501. Preadmission Authorization, Retroactive Authorization, and Continued Stay Review

DAR File No.: 38632
Filed: 06/17/2014 03:15:49 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:

42 USC Sec. 1396r(b)(3)(e)(5)(f)(6)(B) and 42 CFR 456.350 through 456.380 specify resident assessment and utilization control requirements for nursing care facilities. In addition, Section 26-1-5 grants the Department the authority to adopt, amend, or rescind rules as necessary to implement the Medicaid program, and Section 26-18-3 requires the Department to implement the Medicaid program through administrative rules.

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 implements nursing facility and utilization requirements to evaluate each resident's need for admission and continued stay in a nursing facility.

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]

Effective:

06/17/2014

Authorized by:

David Patton, Executive Director

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