DAR File No. 39460

Health, Health Care Financing, Coverage and Reimbursement Policy

Section R414-1-5

Incorporations by Reference

Notice of Proposed Rule

(Amendment)

DAR File No.: 39460
Filed: 06/23/2015 01:49:02 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Subsection 26-18-3(2)(a) requires the Medicaid program to implement policy through administrative rules. The Department, in order to draw down federal funds, must have an approved State Plan with the Centers for Medicare and Medicaid Services (CMS). The purpose of this change, therefore, is to incorporate the most current Medicaid State Plan by reference and to implement by rule ongoing Medicaid policy described in the Medical Supplies Utah Medicaid Provider Manual, and the manual's attachment for Donor Human Milk Request Form; Hospital Services Utah Medicaid Provider Manual, with its attachments; Home Health Agencies Utah Medicaid Provider Manual, and the manual's attachment for the Private Duty Nursing Acuity Grid; Speech-Language Pathology and Audiology Services Utah Medicaid Provider Manual; Hospice Care Utah Medicaid Provider Manual, and the manual's attachment for the Utah Medicaid Prior Authorization Request for Hospice Services; Long Term Care Services in Nursing Facilities Utah Medicaid Provider Manual with its attachments; Utah Home and Community-Based Waiver Services for Individuals Age 65 or Older Utah Medicaid Provider Manual; Personal Care Utah Medicaid Provider Manual, and the manual's attachment for the Request for Prior Authorization: Personal Care and Capitated Programs; Utah Home and Community-Based Waiver Services for Individuals with an Acquired Brain Injury Utah Medicaid Provider Manual; Utah Community Supports Waiver for Individuals with Intellectual Disabilities or Other Related Conditions Utah Medicaid Provider Manual; Utah Home and Community-Based Services Waiver for Individuals with Physical Disabilities Utah Medicaid Provider Manual; Utah Home and Community-Based Waiver Services New Choices Waiver Utah Medicaid Provider Manual; Utah Home and Community-Based Services Waiver for Technology Dependent, Medically Fragile Individuals Utah Medicaid Provider Manual; Utah Home and Community-Based Waiver Services Medicaid Autism Waiver Utah Medicaid Provider Manual; Office of Inspector General (OIG) Administrative Hearings Procedures Manual; Pharmacy Services Utah Medicaid Provider Manual with its attachments; Coverage and Reimbursement Code Look-up Tool; CHEC Services Utah Medicaid Provider Manual with its attachments; Chiropractic Medicine Utah Medicaid Provider Manual; Dental, Oral Maxillofacial, and Orthodontia Services Utah Medicaid Provider Manual; General Attachments (All Providers) for the Utah Medicaid Provider Manual; Indian Health Utah Medicaid Provider Manual; Laboratory Services Utah Medicaid Provider Manual with its attachments; Medical Transportation Utah Medicaid Provider Manual; Non-Traditional Medicaid Plan Utah Medicaid Provider Manual with its attachments; Licensed Nurse Practitioner Utah Medicaid Provider Manual; Physical Therapy and Occupational Therapy Services Utah Medicaid Provider Manual, and the manual's attachment for Physical Therapy and Occupational Therapy Decision Tables; Physician Services, Anesthesiology and Laboratory Services Utah Medicaid Provider Manual with its attachments; Podiatric Services Utah Medicaid Provider Manual; Primary Care Network Utah Medicaid Provider Manual with its attachments; Psychology Services Utah Medicaid Provider Manual; Rehabilitative Mental Health and Substance Use Disorder Services Utah Medicaid Provider Manual; Rural Health Clinics and Federally Qualified Health Centers Services Utah Medicaid Provider Manual; School-Based Skills Development Services Utah Medicaid Provider Manual; Section I: General Information Utah Medicaid Provider Manual; Targeted Case Management for Individuals with Serious Mental Illness Utah Medicaid Provider Manual; Targeted Case Management for Early Childhood (Ages 0-4) Utah Medicaid Provider Manual; Vision Care Services Utah Medicaid Provider Manual; and Women's Services Utah Medicaid Provider Manual.

Summary of the rule or change:

Section R414-1-5 is changed to incorporate the Utah Medicaid State Plan and an approved State Plan Amendment (SPA) by reference to 07/01/2015. This SPA includes: SPA 15-0006-UT Reimbursement for Home Health Services, which updates the effective date of rates for home health services to 07/01/2015; SPA 15-0008-UT Reimbursement for Optometry Services, which updates the effective date of rates for optometry services to 07/01/2015; SPA 15-0009-UT Reimbursement for Speech Pathology Services, which updates the effective date of rates for speech pathology services to 07/01/2015; SPA 15-0010-UT Reimbursement for Audiology Services, which updates the effective date of rates for audiology services to 07/01/2015; SPA 15-0011-UT Reimbursement for Chiropractic Services, which updates the effective date of rates for chiropractic services to 07/01/2015; SPA 15-0012-UT Reimbursement for Eyeglasses Services, which updates the effective date of rates for eyeglasses services to 07/01/2015; SPA 15-0014-UT Reimbursement for Physical Therapy and Occupational Therapy, which updates the effective date of rates for physical therapy and occupational therapy to 07/01/2015; SPA 15-0015-UT Reimbursement for Rehabilitative Mental Health Services, which updates the effective date of rates for rehabilitative mental health services to 07/01/2015; SPA 15-0016-UT Reimbursement for Licensed Practitioner Services, which updates the effective date of rates for licensed practitioner services to 07/01/2015; SPA 15-0017-UT Reimbursement for Transportation Services, which updates the effective date of rates for transportation services to 07/01/2015; and SPA 15-0018-UT Medicaid Eligibility Marriage Policy, which recognizes same-sex couples as spouses, if legally married, in regard to income determination and other post-eligibility issues for both Modified Adjusted Gross Income (MAGI) and non-MAGI groups. This rule change also incorporates by reference the Medical Supplies Utah Medicaid Provider Manual, and the manual's attachment for Donor Human Milk Request Form, effective 07/01/2015; incorporates by reference the Hospital Services Utah Medicaid Provider Manual with its attachments, effective 07/01/2015; incorporates by reference the Home Health Agencies Utah Medicaid Provider Manual, and the manual's attachment for the Private Duty Nursing Acuity Grid, effective 07/01/2015; incorporates by reference the Speech-Language Pathology and Audiology Services Utah Medicaid Provider Manual, effective 07/01/2015; incorporates by reference the Hospice Care Utah Medicaid Provider Manual, and the manual's attachment for the Utah Medicaid Prior Authorization Request for Hospice Services, effective 07/01/2015; incorporates by reference the Long Term Care Services in Nursing Facilities Utah Medicaid Provider Manual, with its attachments, effective 07/01/2015; incorporates by reference the Utah Home and Community-Based Waiver Services for Individuals Age 65 or Older Utah Medicaid Provider Manual, effective 07/01/2015; incorporates by reference the Personal Care Utah Medicaid Provider Manual, and the manual's attachment for the Request for Prior Authorization: Personal Care and Capitated Programs effective 07/01/2015; incorporates by reference the Utah Home and Community-Based Waiver Services for Individuals with an Acquired Brain Injury Utah Medicaid Provider Manual, effective 07/01/2015; Utah Community Supports Waiver for Individuals with Intellectual Disabilities or Other Related Conditions Utah Medicaid Provider Manual, effective 07/01/2015; incorporates by reference the Utah Home and Community-Based Services Waiver for Individuals with Physical Disabilities Utah Medicaid Provider Manual, effective 07/01/2015; incorporates by reference the Utah Home and Community-Based Waiver Services New Choices Waiver Utah Medicaid Provider Manual, effective 07/01/2015; incorporates by reference the Utah Home and Community-Based Services Waiver for Technology Dependent, Medically Fragile Individuals Utah Medicaid Provider Manual, effective 07/01/2015; incorporates by reference the Utah Home and Community-Based Waiver Services Medicaid Autism Waiver Utah Medicaid Provider Manual, effective 07/01/2015; incorporates by reference the Office of Inspector General (OIG) Administrative Hearings Procedures Manual, effective 07/01/2015; incorporates by reference the Pharmacy Services Utah Medicaid Provider Manual with its attachments, effective 07/01/2015; incorporates by reference the Coverage and Reimbursement Code Look-up Tool, effective 07/01/2015; incorporates by reference the CHEC Services Utah Medicaid Provider Manual with its attachments, effective 07/01/2015; incorporates by reference the Chiropractic Medicine Utah Medicaid Provider Manual, effective 07/01/2015; incorporates by reference the Dental, Oral Maxillofacial, and Orthodontia Services Utah Medicaid Provider Manual, effective 07/01/2015; incorporates by reference the General Attachments (All Providers) for the Utah Medicaid Provider Manual, effective 07/01/2015; incorporates by reference the Indian Health Utah Medicaid Provider Manual, effective 07/01/2015; incorporates by reference the Laboratory Services Utah Medicaid Provider Manual with its attachments, effective 07/01/2015; incorporates by reference the Medical Transportation Utah Medicaid Provider Manual, effective 07/01/2015; incorporates by reference the Non-Traditional Medicaid Plan Utah Medicaid Provider Manual with its attachments, effective 07/01/2015; incorporates by reference the Licensed Nurse Practitioner Utah Medicaid Provider Manual, effective 07/01/2015; incorporates by reference the Physical Therapy and Occupational Therapy Services Utah Medicaid Provider Manual, and the manual's attachment for Physical Therapy and Occupational Therapy Decision Tables, effective 07/01/2015; incorporates by reference the Physician Services, Anesthesiology and Laboratory Services Utah Medicaid Provider Manual with its attachments, effective 07/01/2015; incorporates by reference the Podiatric Services Utah Medicaid Provider Manual, effective 07/01/2015; incorporates by reference the Primary Care Network Utah Medicaid Provider Manual with its attachments, effective 07/01/2015; incorporates by reference the Psychology Services Utah Medicaid Provider Manual, effective 07/01/2015; incorporates by reference the Rehabilitative Mental Health and Substance Use Disorder Services Utah Medicaid Provider Manual, effective 07/01/2015; incorporates by reference the Rural Health Clinics and Federally Qualified Health Centers Services Utah Medicaid Provider Manual, effective 07/01/2015; incorporates by reference the School-Based Skills Development Services Utah Medicaid Provider Manual, effective 07/01/2015; incorporates by reference Section I: General Information Utah Medicaid Provider Manual, effective 07/01/2015; incorporates by reference the Targeted Case Management for Individuals with Serious Mental Illness Utah Medicaid Provider Manual, effective 07/01/2015; Targeted Case Management for Early Childhood (Ages 0-4) Utah Medicaid Provider Manual, effective 07/01/2015; Vision Care Services Utah Medicaid Provider Manual, effective 07/01/2015; and Women's Services Utah Medicaid Provider Manual, effective 07/01/2015.

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:

• Updates Vision Care Services, published by Health Care Financing, 07/01/2015
• Updates Utah Home and Community-Based Services Waiver for Technology Dependent, Medically Fragile Individuals, published by Health Care Financing, 07/01/2015
• Updates Utah Community Supports Waiver for Individuals with Intellectual Disabilities or Other Related Conditions, published by Health Care Financing, 07/01/2015
• Updates Home Health Agencies and Private Duty Nursing Acuity Grid att., published by Health Care Financing, 07/01/2015
• Updates Medical Transportation, published by Health Care Financing, 07/01/2015
• Updates General Attachments (All Providers) for the Utah Medicaid Provider Manual, published by Health Care Financing, 07/01/2015
• Updates Utah Home and Community-Based Waiver Services Medicaid Autism Waiver, published by Health Care Financing, 07/01/2015
• Updates Hospital Services with attachments, published by Health Care Financing, 07/01/2015
• Updates Targeted Case Management for Early Childhood (Ages 0-4), published by Health Care Financing, 07/01/2015
• Updates Speech-Language Pathology and Audiology Services, published by Health Care Financing, 07/01/2015
• Updates Non-Traditional Medicaid Plan with its attachments, published by Health Care Financing, 07/01/2015
• Updates Rural Health Clinics and Federally Qualified Health Centers Services, published by Health Care Financing, 07/01/2015
• Updates Utah Medicaid State Plan, published by Health Care Financing, 07/01/2015
• Updates Med. Supp. and Donor Human Milk Request Form att., published by Health Care Financing, 07/01/2015
• Updates Licensed Nurse Practitioner, published by Health Care Financing, 07/01/2015
• Updates Coverage and Reimbursement Code Look-up Tool, published by Health Care Financing, 07/01/2015
• Updates School-Based Skills Development Services, published by Health Care Financing, 07/01/2015
• Updates Section I: General Information, published by Health Care Financing, 07/01/2015
• Updates Targeted Case Management for Individuals with Serious Mental Illness, published by Health Care Financing, 07/01/2015
• Updates Podiatric Services, published by Health Care Financing, 07/01/2015
• Updates Pharmacy Services with attachments, published by Health Care Financing, 07/01/2015
• Updates CHEC Services with attachments, published by Health Care Financing, 07/01/2015
• Updates Utah Home and Community-Based Waiver Services New Choices Waiver, published by Health Care Financing, 07/01/2015
• Updates Rehabilitative Mental Health and Substance Use Disorder Services, published by Health Care Financing, 07/01/2015
• Updates Women's Services, published by Health Care Financing, 07/01/2015
• Updates Utah Home and Community-Based Waiver Services for Individuals with an Acquired Brain Injury, published by Health Care Financing, 07/01/2015
• Updates Long Term Care Services in Nursing Facilities with attachments, published by Health Care Financing, 07/01/2015
• Updates Utah Home and Community-Based Waiver Services for Individuals Age 65 or Older, published by Health Care Financing, 07/01/2015
• Updates Physical Therapy and Occupational Therapy Services and Physical Therapy and Occupational Therapy Decision Tables att., published by Health Care Financing, 07/01/2015
• Updates Physician Services, Anesthesiology and Laboratory Services with attachments, published by Health Care Financing, 07/01/2015
• Updates Office of Inspector General Administrative Hearings Procedures Manual, published by Office of the Medicaid Inspector General, 07/01/2015
• Updates Primary Care Network with attachments, published by Health Care Financing, 07/01/2015
• Updates Indian Health, published by Health Care Financing, 07/01/2015
• Updates Hospice Care and Prior Authorization Request for Hospice Services att., published by Health Care Financing, 07/01/2015
• Updates Personal Care and attachment for the Request for Prior Authorization: Personal Care and Capitated Programs, published by Health Care Financing, 07/01/2015
• Updates Utah Home and Community-Based Services Waiver for Individuals with Physical Disabilities, published by Health Care Financing, 07/01/2015
• Updates Dental, Oral Maxillofacial, and Orthodontia Services, published by Health Care Financing, 07/01/2015
• Updates Psychology Services, published by Health Care Financing, 07/01/2015
• Updates Laboratory Services with attachments, published by Health Care Financing, 07/01/2015
• Updates Chiropractic Medicine, published by Health Care Financing, 07/01/2015

Anticipated cost or savings to:

the state budget:

There is no budget impact because this change only fulfills the requirement to incorporate the State Plan by reference. Implementation of the State Plan is within legislative budget allotments. Further, the rule's incorporation of ongoing Medicaid policy described in the provider manuals and in the Look-up Tool, and hearings procedures described in the OIG manual do not create costs or savings to the Department or other state agencies.

local governments:

There is no budget impact because this change only fulfills the requirement to incorporate the State Plan by reference. Implementation of the State Plan is within legislative budget allotments. Further, the rule's incorporation of ongoing Medicaid policy described in the provider manuals and in the Look-up Tool, and hearings procedures described in the OIG manual do not create costs or savings to local governments.

small businesses:

There is no budget impact because this change only fulfills the requirement to incorporate the State Plan by reference. Implementation of the State Plan is within legislative budget allotments. Further, the rule's incorporation of ongoing Medicaid policy described in the provider manuals and in the Look-up Tool, and hearings procedures described in the OIG manual do not create costs or savings to small businesses.

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

There is no budget impact because this change only fulfills the requirement to incorporate the State Plan by reference. Implementation of the State Plan is within legislative budget allotments. Further, the rule's incorporation of ongoing Medicaid policy described in the provider manuals and in the Look-up Tool, and hearings procedures described in the OIG manual do not create costs or savings to Medicaid recipients and to Medicaid providers.

Compliance costs for affected persons:

There are no compliance costs because this change only fulfills the requirement to incorporate the State Plan by reference. Implementation of the State Plan is within legislative budget allotments. Further, the rule's incorporation of ongoing Medicaid policy described in the provider manuals and in the Look-up Tool, and hearings procedures described in the OIG manual do not create costs or savings to a single Medicaid recipient or to a Medicaid provider.

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

There is no additional impact on businesses because all changes are already in the State Plan.

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:

08/14/2015

This rule may become effective on:

08/21/2015

Authorized by:

David Patton, Executive Director

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

R414-1. Utah Medicaid Program.

R414-1-5. Incorporations by Reference.

The Department incorporates the [April]July 1, 2015, versions of the following by reference:

(1) Utah Medicaid State Plan, including any approved amendments, under Title XIX of the Social Security Act Medical Assistance Program;

(2) Medical Supplies Utah Medicaid Provider Manual, Section 2, Medical Supplies, as applied in Rule R414-70, and the manual's attachment for Donor Human Milk Request Form;

(3) Hospital Services Utah Medicaid Provider Manual with its attachments;

(4) Home Health Agencies Utah Medicaid Provider Manual, and the manual's attachment for the Private Duty Nursing Acuity Grid;

(5) Speech-Language Pathology and Audiology Services Utah Medicaid Provider Manual;

(6) Hospice Care Utah Medicaid Provider Manual, and the manual's attachment for the Utah Medicaid Prior Authorization Request for Hospice Services;

(7) Long Term Care Services in Nursing Facilities Utah Medicaid Provider Manual with its attachments;

(8) Personal Care Utah Medicaid Provider Manual and the manual's attachment for the Request for Prior Authorization: Personal Care and Capitated Programs;

(9) Utah Home and Community-Based Waiver Services for Individuals Age 65 or Older Utah Medicaid Provider Manual;

(10) Utah Home and Community-Based Waiver Services for Individuals with an Acquired Brain Injury Utah Medicaid Provider Manual;

(11) Utah Community Supports Waiver for Individuals with Intellectual Disabilities or Other Related Conditions Utah Medicaid Provider Manual;

(12) Utah Home and Community-Based Services Waiver for Individuals with Physical Disabilities Utah Medicaid Provider Manual;

(13) Utah Home and Community-Based Waiver Services New Choices Waiver Utah Medicaid Provider Manual;

(14) Utah Home and Community-Based Services Waiver for Technology Dependent, Medically Fragile Individuals Utah Medicaid Provider Manual;

(15) Utah Home and Community-Based Waiver Services Medicaid Autism Waiver Utah Medicaid Provider Manual;

(16) Office of Inspector General Administrative Hearings Procedures Manual;

(17) Pharmacy Services Utah Medicaid Provider Manual with its attachments;

(18) Coverage and Reimbursement Code Look-up Tool found at http://health.utah.gov/medicaid/stplan/lookup/CoverageLookup.php;

(19) CHEC Services Utah Medicaid Provider Manual with its attachments;

(20) Chiropractic Medicine Utah Medicaid Provider Manual;

(21) Dental, Oral Maxillofacial, and Orthodontia Services Utah Medicaid Provider Manual;

(22) General Attachments (All Providers) for the Utah Medicaid Provider Manual;

(23) Indian Health Utah Medicaid Provider Manual;

(24) Laboratory Services Utah Medicaid Provider Manual with its attachments;

(25) Medical Transportation Utah Medicaid Provider Manual;

(26) Non-Traditional Medicaid Plan Utah Medicaid Provider Manual with its attachments;

(27) Licensed Nurse Practitioner Utah Medicaid Provider Manual;

(28) Physical Therapy and Occupational Therapy Services Utah Medicaid Provider Manual, and the manual's attachment for Physical Therapy and Occupational Therapy Decision Tables;

(29) Physician Services, Anesthesiology and Laboratory Services Utah Medicaid Provider Manual with its attachments;

(30) Podiatric Services Utah Medicaid Provider Manual;

(31) Primary Care Network Utah Medicaid Provider Manual with its attachments;

(32) Psychology Services Utah Medicaid Provider Manual;

(33) Rehabilitative Mental Health and Substance Use Disorder Services Utah Medicaid Provider Manual;

(34) Rural Health Clinics and Federally Qualified Health Centers Services Utah Medicaid Provider Manual;

(35) School-Based Skills Development Services Utah Medicaid Provider Manual;

(36) Section I: General Information Utah Medicaid Provider Manual;

(37) Targeted Case Management for Individuals with Serious Mental Illness Utah Medicaid Provider Manual;

(38) Targeted Case Management for Early Childhood (Ages 0-4) Utah Medicaid Provider Manual;

(39) Vision Care Services Utah Medicaid Provider Manual; and

(40) Women's Services Utah Medicaid Provider Manual.

 

KEY: Medicaid

Date of Enactment or Last Substantive Amendment: [June 1, ]2015

Notice of Continuation: March 2, 2012

Authorizing, and Implemented or Interpreted Law: 26-1-5; 26-18-3; 26-34-2