DAR File No. 38888

Health, Health Care Financing, Coverage and Reimbursement Policy

Section R414-303-9

Subsidized Adoptions

Notice of Proposed Rule

(Amendment)

DAR File No.: 38888
Filed: 09/30/2014 09:37:05 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this change is to include a coverage group for Medicaid clients who receive kinship guardianship assistance payments through the Department of Human Services.

Summary of the rule or change:

This amendment provides kinship guardianship assistance payments for certain foster care individuals. It also updates what the Department has incorporated by reference and makes other technical changes.

State statutory or constitutional authorization for this rule:

• Section 26-1-5
• Section 26-18-3

This rule or change incorporates by reference the following material:

• Adds Subsection 1902(a)(10)(A)(i)(I) of the Social Security Act, published by Social Security Administration, 01/01/2014
• Adds 42 CFR 435.227, published by Government Printing Office, 10/01/2013
• Updates 42 CFR 435.115(e)(1), published by Government Printing Office, 10/01/2013

Anticipated cost or savings to:

the state budget:

There is no impact to the state budget because this change only shifts coverage for clients who are already covered under Title IV-E Foster Care Medicaid.

local governments:

There is no impact to local governments because they neither fund Medicaid services nor determine Medicaid eligibility.

small businesses:

There is no budget impact because this amendment does not impose new costs or requirements on small businesses.

persons other than small businesses, businesses, or local governmental entities:

There is no budget impact because this amendment does not impose new costs or requirements on Medicaid providers and Medicaid recipients.

Compliance costs for affected persons:

There are no compliance costs because this amendment does not impose new costs or requirements on a single Medicaid provider or on a Medicaid recipient.

Comments by the department head on the fiscal impact the rule may have on businesses:

There is no impact on business because the amendment does not impose new costs or requirements.

David Patton, PhD, Executive Director

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 [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

11/14/2014

This rule may become effective on:

12/01/2014

Authorized by:

David Patton, Executive Director

R414. Health, Health Care Financing, Coverage and Reimbursement Policy.

R414-303. Coverage Groups.

R414-303-9. Subsidized Adoptions and Kinship Guardianship.

(1) The Department adopts and incorporates by reference 42 CFR 435.115(e)(1), October 1, 2013[2] ed, in regard to Subsidized Adoption Medicaid.

(2) The Department elects to cover individuals under a state adoption agreement as defined in 42 CFR 435.227, October 1, 2013 ed., which is adopted and incorporated by reference.

(3) The Department may not impose resource or income tests for a child eligible under a state subsidized adoption agreement.

(4) The Department adopts and incorporates by reference Subsection 1902(a)(10)(A)(i)(I) of the Social Security Act, effective January 1, 2014, in regard to Kinship Guardianship Medicaid.

( 5[2]) [Eligibility for subsidized adoptions is not governed by this rule. ]The Department of Human Services determines eligibility for subsidized adoption and Kinship Guardianship Medicaid.

 

KEY: MAGI-based, coverage groups, former foster care youth, presumptive eligibility

Date of Enactment or Last Substantive Amendment: [July 1, ]2014

Notice of Continuation: January 23, 2013

Authorizing, and Implemented or Interpreted Law: 26-18-3; 26-1-5