Health, Health Care Financing, Coverage and Reimbursement Policy

Rule R414-7C

Alternative Remedies for Nursing Facilities

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 35719
Filed: 01/24/2012 10:09:37 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 26-18-3 requires the Department to implement Medicaid policy through administrative rules, which allow the Department to administer the Medicaid program. In addition, Section 26-1-5 allows the Department to adopt administrative rules which ensure that facilities and providers comply with Medicaid standards. Further, 42 U.S.C. 1396r(h) specifies the remedies available to the Department when skilled nursing facilities or nursing facilities do not comply with requirements for participation in the Medicaid program.

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:

This rule is necessary because it establishes criteria for imposing remedies on nursing facilities that do not comply with Medicaid standards. These standards allow the Department to provide safe, efficient, and cost effective care for Medicaid recipients. Therefore, this rule should be continued.

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 Patton, Executive Director

Effective:

01/24/2012