Health, Health Care Financing, Coverage and Reimbursement Policy

Section R414-61-2

Incorporation by Reference

Notice of Proposed Rule

(Amendment)

DAR File No.: 35504
Filed: 12/01/2011 04:49:15 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to incorporate by reference changes to the Waiver for Individuals with Physical Disabilities, effective 07/01/2011.

Summary of the rule or change:

This amendment incorporates by reference changes to the Waiver for Individuals with Physical Disabilities, effective 07/01/2011, which clarify extraordinary circumstances that must exist for parents or step-parents to act as paid providers of personal assistance services and amend the number of visits between participants and administrative case managers. In addition, this change allows the Department of Health (DOH) to explain quality improvement strategies in further detail that relate to participant direction of services, participant rights, participant safeguards, and systems improvements.

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:

• Updates Waiver for Individuals with Physical Disabilities, published by Division of Medicaid and Health Financing, 07/01/2011

Anticipated cost or savings to:

the state budget:

DOH does not anticipate any impact to the state budget for the first year of waiver renewal because state funds for this program are seeded by the Department of Human Services (DHS).

local governments:

There is no impact to local governments because they do not fund or provide waiver services for Medicaid recipients.

small businesses:

DOH does not anticipate any impact to small businesses for the first year of waiver renewal because DOH did not add or remove any services during the renewal cycle.

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

DOH does not anticipate any impact to Medicaid providers and to Medicaid recipients for the first year of waiver renewal because DOH did not add or remove any services during the renewal cycle.

Compliance costs for affected persons:

DOH does not anticipate any impact to a single Medicaid provider or to a Medicaid recipient for the first year of waiver renewal because DOH did not add or remove any services during the renewal cycle.

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

Medicaid does not anticipate any service changes to participants as a result of this rule change, thus no fiscal impact to business.

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:

01/17/2012

This rule may become effective on:

01/24/2012

Authorized by:

David Patton, Executive Director

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

R414-61. Home and Community-Based Services Waivers.

R414-61-2. Incorporation by Reference.

The Department incorporates by reference the following home and community-based services waivers:

(1) Waiver for Technology Dependent/Medically Fragile Individuals, effective July 1, 2008;

(2) Waiver for Individuals Age 65 or Older, effective July 1, 2010;

(3) Waiver for Individuals with Acquired Brain Injuries, effective July 1, 2009;

(4) Waiver for Individuals with Physical Disabilities, effective July 1, 20[06]11;

(5) Community Supports Waiver for Individuals with Intellectual Disabilities and Other Related Conditions, effective July 1, 2010;

(6) New Choices Waiver, effective July 1, 2010.

These documents are available for public inspection during business hours at the Utah Department of Health, Division of Medicaid and Health Financing, located at 288 North 1460 West, Salt Lake City, UT, 84114-3102.

 

KEY: Medicaid

Date of Enactment or Last Substantive Amendment: [April 5, 2011]2012

Notice of Continuation: February 24, 2010

Authorizing, and Implemented or Interpreted Law: 26-18-3