DAR File No. 32666

Health, Health Care Financing, Coverage and Reimbursement Policy

R414-303-10

Refugee Medicaid

NOTICE OF PROPOSED RULE

DAR File No.: 32666
Filed: 05/12/2009, 05:14
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

In accordance with federal law, the purpose of this change is to provide medical assistance to Iraqi and Afghan Special Immigrants under the Refugee Medicaid program.

Summary of the rule or change:

This federal mandate changes Department policy and directs Medicaid to provide medical assistance to refugees under the Refugee Medicaid program. It also specifies that Iraqi and Afghan Special Immigrants are eligible to receive the same medical assistance.

State statutory or constitutional authorization for this rule:

Section 26-18-3, 42 CFR 400.90 through 400.107, and 45 CFR Part 401

Anticipated cost or savings to:

the state budget:

There is no budget impact because at this time there are no Iraqi and Afghan Special Immigrants under the Utah Medicaid program. Further, there is insufficient data to estimate how many clients this policy will affect in the future.

local governments:

This change does not impact local governments because they do not determine Medicaid eligibility and do not provide Medicaid services.

small businesses and persons other than businesses:

There is no impact to other persons and small businesses because at this time there are no Iraqi and Afghan Special Immigrants under the Utah Medicaid program. Further, there is insufficient data to estimate how many clients this policy will affect in the future.

Compliance costs for affected persons:

There are no compliance costs because at this time there are no Iraqi and Afghan Special Immigrants under the Utah Medicaid program. Further, there is insufficient data to estimate how many clients this policy will affect in the future.

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

This rule change is required to remain in compliance with federal law. Fiscal impact should be positive on business. David N. Sundwall, MD, 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 cdevashrayee@utah.gov

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:

07/01/2009

This rule may become effective on:

07/08/2009

Authorized by:

David N. Sundwall, Executive Director

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

R414-303. Coverage Groups.

R414-303-10. Refugee Medicaid.

(1) The Department [adopts]provides medical assistance to refugees in accordance with the provisions of 45 CFR 400.90 through 400.107[, 2001 ed., which are modified by the Federal Register 60 FR 33584, published Wednesday, June 28, 1995,] and 45 CFR, Part 401[, 2001 ed., all of which are incorporated by reference].

(2) Specified relative rules do not apply.

(3) Child support enforcement rules do not apply.

(4) The sponsor's income and resources are not counted. In-kind service or shelter provided by the sponsor is not counted.

(5) Initial settlement payments made to a refugee from a resettlement agency are not counted.

(6) Refugees may qualify for medical assistance for eight months after entry into the United States.

(7) The Department provides medical assistance to Iraqi and Afghan Special Immigrants in the same manner as medical assistance provided to other refugees.

 

KEY: income, coverage groups, independent foster care adolescent

Date of Enactment or Last Substantive Amendment: [November 21, 2007]2009

Notice of Continuation: January 25, 2008

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