File No. 33571
This rule was published in the May 15, 2010, issue (Vol. 2010, No. 10) of the Utah State Bulletin.
Health, Health Care Financing, Coverage and Reimbursement Policy
Rule R414-33C
Targeted Case Management for the Homeless
Notice of Proposed Rule
(Repeal)
DAR File No.: 33571
Filed: 04/22/2010 04:16:12 PM
RULE ANALYSIS
Purpose of the rule or reason for the change:
This repeal is necessary because targeted case management for the homeless as outlined in this rule is no longer available to Medicaid clients.
Summary of the rule or change:
This rule is repealed in its entirety.
State statutory or constitutional authorization for this rule:
- Section 26-18-3
- Section 26-1-5
Anticipated cost or savings to:
the state budget:
There is no impact to the state budget because no agencies or individuals have been enrolled to provide these services since 2003.
local governments:
There is no impact to local governments because they do not fund or provide case management services.
small businesses:
There is no impact to small businesses because no agencies or individuals have been enrolled to provide these services since 2003.
persons other than small businesses, businesses, or local governmental entities:
There is no impact to Medicaid providers and to Medicaid clients because no agencies or individuals have been enrolled to provide these services since 2003.
Compliance costs for affected persons:
There is no impact to a single Medicaid provider or to a Medicaid client because no agencies or individuals have been enrolled to provide these services since 2003.
Comments by the department head on the fiscal impact the rule may have on businesses:
This repeal will have no fiscal impact because the service has not been available since 2003.
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:
HealthHealth Care Financing, Coverage and Reimbursement Policy
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:
06/14/2010
This rule may become effective on:
06/21/2010
Authorized by:
David Sundwall, Executive Director
RULE TEXT
R414. Health, Health Care Financing, Coverage and Reimbursement Policy.
[R414-33C. Targeted Case Management for the
Homeless.
R414-33C-1. Introduction and Authority.
(1) This rule outlines targeted case management services
that are available to homeless Medicaid clients.
(2) This rule is authorized under UCA 26-18-3 and implements
42 USC 1396n(g), which authorizes targeted case management
services.
R414-33C-2. Definitions.
In this rule, "CHEC" means Child Health Evaluation
and Care and is Utah's version of the federally mandated
Early Periodic Screening, Diagnosis and Treatment (EPSDT)
program. All Medicaid clients from birth through age twenty who
are in the Traditional Medicaid Plan are eligible for the CHEC
program.
R414-33C-3. Client Eligibility
Requirements.
Targeted case management services are available to homeless
Medicaid clients enrolled in the Non-Traditional Medicaid Plan,
pregnant women, and CHEC-eligible Medicaid recipients enrolled in
the Traditional Medicaid Plan who:
(1) reside in Salt Lake, Summit, Wasatch, Weber, or Utah
County emergency homeless shelters;
(2) do not otherwise have a permanent address, residence, or
facility in which they could reside;
(3) do not live in a boarding home, residential treatment
facility, or facility that houses only victims of domestic abuse;
or
(4) have left the homeless shelter and require continued
targeted case management to prevent a recurrence of
homelessness.
R414-33C-4. Program Access Requirements.
(1) Targeted case management services may be provided only
by an emergency homeless shelter in Salt Lake, Summit, Wasatch,
Weber, or Utah County that is capable of providing temporary
shelter for at least 30 days in order to assure that sufficient
case management services are provided to successfully reintegrate
the homeless individual into the community.
(2) A qualified targeted case manager case must complete a
management needs assessment that documents that:
(a) the individual requires treatment or services from a
variety of agencies and providers to meet the individual's
medical, social, educational, and other needs; and
(b) there is reasonable indication that the individual will
access needed services only if assisted by a qualified targeted
case manager who, in accordance with an individualized case
management service plan, locates, coordinates, and regularly
monitors the services.
R414-33C-5. Service Coverage.
(1) Medicaid covers:
(a) client assessment to determine service needs, including
activities that focus on needs identification to determine the
need for any medical, educational, social, or other services.
Assessment activities include taking client history, identifying
the needs of the client and completing related documentation,
gathering information from other sources such as family members,
medical providers, social workers, and educators, if necessary,
to form a complete assessment of the client;
(b) development of a written, individualized, coordinated
case management service plan based on information collected
through an assessment that specifies the goals and actions to
address the client's medical, social, educational and other
service needs. This includes input from the client, the
client's authorized health care decision maker, family, and
other agencies knowledgeable about the client, to develop goals
and identify a course of action to respond to the client's
assessed needs;
(c) referral and related activities to help the client
obtain needed services, including activities that help link the
client with medical, social, educational providers or other
programs and services that are capable of providing needed
services, such as making referrals to providers for needed
services and scheduling appointments for the client;
(d) coordinating the delivery of services to the client,
including CHEC screening and follow-up;
(e) client assistance to establish and maintain eligibility
for entitlements other than Medicaid;
(f) monitoring and follow-up activities, including
activities and contacts that are necessary to ensure the targeted
case management service plan is effectively implemented and
adequately addressing the needs of the client, which activities
may be with the client, family members, providers or other
entities, and conducted as frequently as necessary to help
determine whether services are furnished in accordance with the
client's case management service plan, whether the services
in the case management service plan are adequate, whether there
are changes in the needs or status of the client, and if so,
making necessary adjustments in the case management service plan
and service arrangements with providers;
(g) contacting non-eligible or non-targeted individuals when
the purpose of the contact is directly related to the management
of the eligible individual's care. For example, family
members may be able to help identify needs and supports, assist
the client to obtain services, and provide case managers with
useful feedback to alert them to changes in the client's
status or needs;
(h) instructing the client or caretaker, as appropriate, in
independently accessing needed services; and
(i) monitoring the client's progress and continued need
for targeted case management and other services.
(2) The agency may bill Medicaid for the above activities
only if:
(a) the activities are identified in the case management
service plan and the time spent in the activity involves a
face-to-face encounter, telephone or written communication with
the client, family, caretaker, service provider, or other
individual with a direct involvement in providing or assuring the
client obtains the necessary services documented in the service
plan; and
(b) there are no other third parties liable to pay for
services, including reimbursement under a medical, social,
educational, or other program.
(3) Covered case management service provided to a hospital
or nursing facility patient is limited to a maximum of five hours
per admission.
(4) Medicaid does not cover:
(a) documenting targeted case management services with the
exception of time spent developing the written case management
needs assessment, service plans, and 180-day service plan
reviews;
(b) teaching, tutoring, training, instructing, or educating
the client or others, except when the activity is specifically
designed to assist the client, parent, or caretaker to
independently obtain client services. For example, Medicaid does
not cover client assistance in completing a homework assignment
or instructing a client or family member on nutrition, budgeting,
cooking, parenting skills, or other skills development;
(c) directly assisting with personal care or daily living
activities that include bathing, hair or skin care, eating,
shopping, laundry, home repairs, apartment hunting, moving
residences, or acting as a protective payee;
(d) routine courier services. For example, running errands
or picking up and delivering food stamps or entitlement
checks;
(e) direct delivery of an underlying medical, educational,
social, or other service to which an eligible individual has been
referred. For example, providing medical and psychosocial
evaluations, treatment, therapy and counseling, otherwise
billable to Medicaid under other categories of service;
(f) direct delivery of foster care services that include
research gathering and completion of documentation, assessing
adoption placements, recruiting or interviewing potential foster
care placements, serving legal papers, home investigations,
providing transportation, administering foster care subsidies, or
making foster care placement arrangements;
(g) traveling to the client's home or other location
where a covered case management activity occurs, nor time spent
transporting a client or a client's family member;
(h) services for or on behalf of a non-Medicaid eligible or
a non-targeted individual if services relate directly to the
identification and management of the non-eligible or non-targeted
individual's needs and care. For example, Medicaid does not
cover counseling the client's sibling or helping the
client's parent obtain a mental health service;
(i) activities for the proper and efficient administration
of the Medicaid State Plan that include client assistance to
establish and maintain Medicaid eligibility. For example,
locating, completing and delivering documents to a Medicaid
eligibility worker;
(j) recruitment activities in which the mental health center
or case manager attempts to contact potential service
recipients;
(k) time spent assisting the client to gather evidence for a
Medicaid hearing or participating in a hearing as a witness;
and
(l) time spent coordinating between case management team
members for a client.
R414-33C-6. Qualified Providers.
Targeted case management services must be provided by an
individual employed by or under contract with the emergency
homeless shelter who is:
(1) a licensed physician, a licensed psychologist, a
licensed clinical social worker, a licensed certified social
worker, a licensed social service worker, a licensed advanced
practice registered nurse, a licensed registered nurse, a
licensed professional counselor, a licensed marriage and family
counselor; or
(2) an individual working toward licensure in one of the
professions identified in subsection (1) to the extent permitted
by Utah Code Title 58; or
(3) a licensed practical nurse or a non-licensed individual
working under the supervision of one of the individuals
identified in subsection (1) or (2).
R414-33C-7. Reimbursement Methodology.
The Department pays the lower of the amount billed and the
rate on the fee schedule. The fee schedule was initially
established after consultation with provider representatives. A
provider shall not charge the Department a fee that exceeds the
provider's usual and customary charges for the provider's
private pay clients.
KEY: Medicaid
Date of Enactment or Last Substantive
Amendment: September 30, 2009
Notice of Continuation: February 23,
2010
Authorizing, and Implemented or Interpreted
Law: 26-1-5; 26-18-3]
Additional Information
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For questions regarding the content or application of this rule, please contact 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.