Health, Health Care Financing, Coverage and Reimbursement Policy

Rule R414-45

Personal Supervision by a Physician

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 35721
Filed: 01/24/2012 10:15:30 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 26-18-3 requires the Department to implement Medicaid policy through administrative rules, which allow the Department to administer the Medicaid program. In addition, Section 26-1-5 authorizes the Department to adopt administrative rules to provide services to Medicaid recipients. Further, 42 CFR 440.50 authorizes a nurse practitioner or a physician assistant to perform services under the supervision of a physician.

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 did not receive written comments that either support or oppose this rule.

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

The Department should continue this rule because it increases access to physician services by allowing a nurse practitioner or a physician assistant to perform services under the supervision of a physician.

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:

• Craig Devashrayee at the above address, by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at [email protected]

Authorized by:

David Patton, Executive Director

Effective:

01/24/2012