Health, Health Care Financing, Coverage and Reimbursement Policy

Section R414-1-5

Incorporations by Reference

Notice of Proposed Rule

(Amendment)

DAR File No.: 35225
Filed: 09/09/2011 10:53:03 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Subsection 26-18-3(2)(a) requires the Medicaid program to implement policy through administrative rules. The Department, in order to draw down federal funds, must have an approved State Plan with the Centers for Medicare and Medicaid Services (CMS). The purpose of this change, therefore, is to incorporate the most current Medicaid State Plan by reference and to implement by rule both the definitions and the attachment for the Private Duty Nursing Acuity Grid found in the Home Health Agencies Provider Manual, and to implement by rule ongoing Medicaid policy for services described in the Utah Medicaid Provider Manual, Medical Supplies Manual and List; Hospital Services Provider Manual; Speech-Language Services Provider Manual; Audiology Services Provider Manual; Hospice Care Provider Manual; Long Term Care Services in Nursing Facilities Provider Manual; Personal Care Provider Manual; Utah Home and Community-Based Waiver Services for Individuals 65 or Older Provider Manual; Utah Home and Community-Based Waiver Services for Individuals with Acquired Brain Injury Age 18 and Older Provider Manual; Utah Home and Community-Based Waiver Services for Individuals with Developmental Disabilities and Mental Retardation Provider Manual; Utah Home and Community-Based Waiver Services for Individuals with Physical Disabilities Provider Manual; Utah Home and Community-Based Waiver Services New Choices Waiver Provider Manual; and Utah Home and Community-Based Waiver Services for Technology Dependent, Medically Fragile Individuals (HCBWS) Provider Manual.

Summary of the rule or change:

Section R414-1-5 is changed to update the incorporation of the State Plan by reference to 10/01/2011. It also incorporates by reference State Plan Amendments (SPAs) that become effective no later than 10/01/. Four SPAs became effective since the last incorporation the State Plan. These include SPA 11-001-UT Peer Support Services, which assists in the rehabilitation and recovery of individuals with serious and persistent mental illness or serious emotional disturbance; SPA 11-003-UT Exclusion of State Income Tax Returns from Countable Resources, which implements a resource exclusion under the Medicaid program to exclude a state tax refund for 12 months after receipt when an individual receives the refund between 04/01/2011, and 12/31/2012; SPA 11-004-UT Medicaid Prohibition on Payments to Institutions or Entities Located Outside of the United States, which implements Section 6505 of the Affordable Care Act to prohibit payments to entities located outside of the United States that provide items or services under the State Plan or a waiver; and SPA 11-007-UT, which updates the direct graduate medical education payment pool and modifies the supplemental state teaching hospital payments calculation. This amendment also incorporates by reference the Medical Supplies Manual and List and the hospital services provider manual, effective 10/01/2011; incorporates by reference both the definitions and the attachment for the Private Duty Nursing Acuity Grid found in the Home Health Agencies Provider Manual, effective 10/01/2011; incorporates by reference the Speech-Language Services Provider Manual, effective 10/01/2011; incorporates by reference the Audiology Services Provider Manual, effective 10/01/2011; incorporates by reference the Hospice Care Provider Manual, effective 10/01/2011; incorporates by reference the Long Term Care Services in Nursing Facilities Provider Manual, with its attachments, effective 10/01/2011; incorporates by reference the Utah Home and Community-Based Waiver Services for Individuals 65 or Older Provider Manual, effective 10/01/2011; incorporates by reference the Personal Care Provider Manual, with its attachments, effective 10/01/2011; incorporates by reference the Utah Home and Community-Based Waiver Services for Individuals with Acquired Brain Injury Age 18 and Older Provider Manual, effective 10/01/2011; incorporates by reference the Utah Home and Community-Based Waiver Services for Individuals with Developmental Disabilities and Mental Retardation Provider Manual, effective 10/01/2011; incorporates by reference the Utah Home and Community-Based Waiver Services for Individuals with Physical Disabilities Provider Manual, effective 10/01/2011; incorporates by reference the Utah Home and Community-Based Waiver Services New Choices Waiver Provider Manual, effective 10/01/2011; and incorporates by reference the Utah Home and Community-Based Waiver Services for Technology Dependent, Medically Fragile Individuals (HCBWS) Provider Manual, effective 10/01/2011.

State statutory or constitutional authorization for this rule:

• Section 26-1-5
• Section 26-18-3

This rule or change incorporates by reference the following material:

• Adds Hospice Care Provider Manual, published by Division of Medicaid and Health Financing, 10/01/2011
• Adds Speech-Language Services Provider Manual, published by Division of Medicaid and Health Financing, 10/01/2011
• Updates Utah Medicaid State Plan, published by Division of Medicaid and Health Financing, 10/01/2011
• Adds Utah Home and Community-Based Waiver Services for Individuals with Developmental Disabilities and Mental Retardation Provider Manual, published by Division of Medicaid and Health Financing, 10/01/2011
• Updates Utah Medicaid Provider Manual, Medical Supplies Manual and List, published by Division of Medicaid and Health Financing, 10/01/2011
• Adds Definitions and the Attachment for the Private Duty Nursing Acuity Grid in the Home Health Agencies Provider Manual, published by Division of Medicaid and Health Financing, 10/01/2011
• Updates Hospital Services Provider Manual, with its attachments, published by Division of Medicaid and Health Financing, 10/01/2011
• Adds Long Term Care Services in Nursing Facilities Provider Manual, with its attachments, published by Division of Medicaid and Health Financing, 10/01/2011
• Adds Personal Care Provider Manual, with its attachments, published by Division of Medicaid and Health Financing, 10/01/2011
• Adds Utah Home and Community-Based Waiver Services for Individuals with Physical Disabilities Provider Manual, published by Division of Medicaid and Health Financing, 10/01/2011
• Adds Audiology Services Provider Manual, published by Division of Medicaid and Health Financing, 10/01/2011
• Adds Utah Home and Community-Based Waiver Services New Choices Waiver Provider Manual, published by Division of Medicaid and Health Financing, 10/01/2011
• Adds Utah Home and Community-Based Waiver Services for Individuals with Acquired Brain Injury Age 18 and Older Provider Manual, published by Division of Medicaid and Health Financing, 10/01/2011
• Adds Utah Home and Community-Based Waiver Services for Individuals 65 or Older Provider Manual, published by Division of Medicaid and Health Financing, 10/01/2011
• Adds Utah Home and Community-Based Waiver Services for Technology Dependent, Medically Fragile Individuals (HCBWS) Provider Manual, published by Division of Medicaid and Health Financing, 10/01/2011

Anticipated cost or savings to:

the state budget:

There is no budget impact because this change only fulfills the requirement to incorporate the State Plan by reference. Implementation of the State Plan is within legislative budget allotments. Further, the rule's incorporation of ongoing Medicaid policy described in the provider manuals does not create costs or savings to the Department or other state agencies.

local governments:

There is no budget impact because this change only fulfills the requirement to incorporate the State Plan by reference. Implementation of the State Plan is within legislative budget allotments. Further, the rule's incorporation of ongoing Medicaid policy described in the provider manuals does not create costs or savings to local governments.

small businesses:

There is no budget impact because this change only fulfills the requirement to incorporate the State Plan by reference. Implementation of the State Plan is within legislative budget allotments. Further, the rule's incorporation of ongoing Medicaid policy described in the provider manuals does not create costs or savings to small businesses.

persons other than small businesses, businesses, or local governmental entities:

There is no budget impact because this change only fulfills the requirement to incorporate the State Plan by reference. Implementation of the State Plan is within legislative budget allotments. Further, the rule's incorporation of ongoing Medicaid policy described in the provider manuals does not create costs or savings to other persons or entities.

Compliance costs for affected persons:

There are no compliance costs because this change only fulfills the requirement to incorporate the State Plan by reference. Implementation of the State Plan is within legislative budget allotments. Further, the rule's incorporation of ongoing Medicaid policy described in the provider manuals does not create costs or savings to a single Medicaid recipient or provider.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule should not have a direct fiscal impact on business. Incorporation of the State Plan by this rule assures that the Medicaid program is implemented through administrative rule.

David Patton, PhD, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Health
Health Care Financing, Coverage and Reimbursement Policy
CANNON HEALTH BLDG
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:

10/31/2011

This rule may become effective on:

11/07/2011

Authorized by:

David Patton, Executive Director

R414. Health, Health Care Financing, Coverage and Reimbursement Policy.

R414-1. Utah Medicaid Program.

R414-1-5. Incorporations by Reference.

(1) The Department incorporates by reference the Utah State Plan Under Title XIX of the Social Security Act Medical Assistance Program effective [July]October 1, 2011. It also incorporates by reference State Plan Amendments that become effective no later than [July]October 1, 2011.

(2) The Department incorporates by reference the Medical Supplies Manual and List described in the Utah Medicaid Provider Manual, Section 2, Medical Supplies, with its referenced attachment, Medical Supplies List, [July]effective October 1, 2011, as applied in Rule R414-70.

(3) The Department incorporates by reference the Hospital Services Provider Manual, with its attachments, effective [July]October 1, 2011.

(4) The Department incorporates by reference both the definitions and the attachment for the Private Duty Nursing Acuity Grid found in the Home Health Agencies Provider Manual, effective October 1, 2011.

(5) The Department incorporates by reference the Speech-Language Services Provider Manual, effective October 1, 2011.

(6) The Department incorporates by reference the Audiology Services Provider Manual, effective October 1, 2011.

(7) The Department incorporates by reference the Hospice Care Provider Manual, effective October 1, 2011.

(8) The Department incorporates by reference the Long Term Care Services in Nursing Facilities Provider Manual, with its attachments, effective October 1, 2011.

(9) The Department incorporates by reference the Personal Care Provider Manual, with its attachments, effective October 1, 2011.

(10) The Department incorporates by reference the Utah Home and Community-Based Waiver Services for Individuals 65 or Older Provider Manual, effective October 1, 2011.

(11) The Department incorporates by reference the Utah Home and Community-Based Waiver Services for Individuals with Acquired Brain Injury Age 18 and Older Provider Manual, effective October 1, 2011.

(12) The Department incorporates by reference the Utah Home and Community-Based Waiver Services for Individuals with Developmental Disabilities and Mental Retardation Provider Manual, effective October 1, 2011.

(13) The Department incorporates by reference the Utah Home and Community-Based Waiver Services for Individuals with Physical Disabilities Provider Manual, effective October 1, 2011.

(14) The Department incorporates by reference the Utah Home and Community-Based Waiver Services New Choices Waiver Provider Manual, effective October 1, 2011.

(15) The Department incorporates by reference the Utah Home and Community-Based Waiver Services for Technology Dependent, Medically Fragile Individuals (HCBWS) Provider Manual, effective October 1, 2011.

 

KEY: Medicaid

Date of Enactment or Last Substantive Amendment: [September 1, ]2011

Notice of Continuation: April 16, 2007

Authorizing, and Implemented or Interpreted Law: 26-1-5; 26-18-3; 26-34-2