Health, Health Care Financing, Coverage and Reimbursement Policy

Rule R414-19A

Coverage for Dialysis Services by a Free-Standing State Licensed Dialysis Facility

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 33680
Filed: 05/27/2010 11:11:30 AM

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 rules that shall have the force and effect of law and Section 26-18-3 requires the Department to implement the Medicaid program through its administrative rules. In addition, 42 CFR 440.20 allows Medicaid clients to receive quality and cost effective outpatient dialysis services.

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 has not received any written or oral comments regarding 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 should be continued because it provides outpatient dialysis to Medicaid clients who meet the eligibility requirements and are in need of these services.

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 Gomez at the above address, by phone at 801-538-6381, by FAX at 801-237-0785, or by Internet E-mail at kgomez@utah.gov

Authorized by:

David Sundwall, Executive Director

Effective:

05/27/2010