Health, Health Care Financing, Coverage and Reimbursement Policy

Rule R414-501

Preadmission and Continued Stay Review

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 32894
Filed: 08/20/2009 04:21:38 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 of Health the power to adopt, amend, or rescind rules that shall have the force and effect of law. In addition, 42 CFR Part 456 requires the evaluation of each resident's need for admission and continued stay review.

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 Utah Health Care Association wanted to see the rule changed to allow for retroactive authorization when making the medical determination for nursing facility care. The Department has recently filed a change to this rule that addressed this concern. (DAR NOTE: The proposed repeal and reenactment of Rule R414-501 is under DAR No. 32882 in the September 1, 2009, issue of the Bulletin.)

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 outlines provisions for preadmission authorization and continued stay reviews. 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:

• Kimi McNutt at the above address, by phone at 801-538-6381, by FAX at 801-538-6099, or by Internet E-mail at kmcnutt@utah.gov

Effective:

08/20/2009

Authorized by:

David Sundwall, Executive Director