Health, Health Care Financing, Coverage and Reimbursement Policy

Rule R414-59

Audiology-Hearing Services

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 34148
Filed: 10/13/2010 03:22:03 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 26-1-5 grants the Department the authority to adopt rules to carry out the provisions of the Medicaid program that allow Medicaid clients to receive Medicaid services. In addition, Section 26-18-3 requires the Department to implement these provisions of the Medicaid program through its administrative rules. In addition, 42 CFR 440.110 authorizes the provision of audiology services to Medicaid clients that include diagnostic, screening, preventive, or corrective services.

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 received written comments that requested the agency to incorporate by reference the audiology services provider manual. Among other citations used to reference the need for incorporation, one entity cited Subsection 26-18-3(2), which requires the Medicaid program to implement by rule the services that it provides. Previously, this rule referred to the audiology services provider manual but did not incorporate by reference the services that the manual includes.

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 allows clients who meet eligibility requirements under Medicaid to receive audiology-hearing services. Therefore, this rule should be continued. The Department agreed with comments to incorporate the manual by reference and amended the rule accordingly. The Department incorporates the manual by reference on a quarterly basis.

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

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 [email protected]

Authorized by:

David Sundwall, Executive Director

Effective:

10/13/2010