File No. 34490

This notice was published in the April 1, 2011, issue (Vol. 2011, No. 7) of the Utah State Bulletin.


Human Services, Recovery Services

Rule R527-800

Acquisition of Real Property, and Medical Support Cooperation Requirements

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 34490
Filed: 03/03/2011 02:47:35 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 62A-11-104 requires the Office of Recovery Services to collect money due the department to offset expenditures by the state. This rule provides details for enforcement actions against real property to satisfy financial obligations when other methods have failed or are unavailable on a case. This rule describes the requirements of a recipient of medical assistance to cooperate with the Office of Recovery Services in offsetting Medicaid expenditures in accordance with 42 CFR 433.147-148.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No written comments have been received since the last five-year review.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The statutes under which this rule is enacted are still in effect. This rule describes necessary details of enforcement actions against real property taken by the Office of Recovery Services. This rule is necessary to explain the requirement of a recipient of medical assistance to cooperate with Medicaid cost recovery efforts of the Office of Recovery Services. 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:

Human Services
Recovery Services
515 E 100 S
SALT LAKE CITY, UT 84102-4211

Direct questions regarding this rule to:

  • Shancie Nance at the above address, by phone at 801-536-8191, by FAX at 801-536-8833, or by Internet E-mail at snance@utah.gov

Authorized by:

Mark Brasher, Director

Effective:

03/03/2011


Additional Information

The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2011/b20110401.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.

For questions regarding the content or application of this rule, please contact Shancie Nance at the above address, by phone at 801-536-8191, by FAX at 801-536-8833, or by Internet E-mail at snance@utah.gov.