Health, Health Care Financing, Coverage and Reimbursement Policy

Rule R414-502

Nursing Facility Levels of Care

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 32902
Filed: 08/27/2009 01:04:12 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 Department to monitor nursing facility levels of care.

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 of Human Services and the Utah Health Care Association provided comments stating that the rule should be revised to more clearly and objectively describe the level of care requirements. The Department of Health has addressed these concerns by amending 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 outlines the criteria for nursing facility care and appropriate levels of care. 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:

08/27/2009

Authorized by:

David Sundwall, Executive Director