DAR File No. 38599

Health, Health Care Financing, Coverage and Reimbursement Policy

Section R414-1-5

Incorporations by Reference

Notice of Proposed Rule

(Amendment)

DAR File No.: 38599
Filed: 06/12/2014 01:03:52 PM

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 ongoing Medicaid policy described in the Medical Supplies Utah Medicaid Provider Manual; Hospital Services Utah Medicaid Provider Manual with its attachments; Home Health Agencies Utah Medicaid Provider Manual, and the manual's attachment for the Private Duty Nursing Acuity Grid; Speech-Language Pathology and Audiology Services Utah Medicaid Provider Manual; Hospice Care Utah Medicaid Provider Manual; Long Term Care Services in Nursing Facilities Utah Medicaid Provider Manual with its attachments; Utah Home and Community-Based Waiver Services for Individuals 65 or Older Utah Medicaid Provider Manual; Personal Care Utah Medicaid Provider Manual with its attachments; Utah Home and Community-Based Waiver Services for Individuals with Acquired Brain Injury Age 18 and Older Utah Medicaid Provider Manual; Utah Home and Community-Based Waiver Services for Individuals with Intellectual Disabilities or Other Related Conditions Utah Medicaid Provider Manual; Utah Home and Community-Based Waiver Services for Individuals with Physical Disabilities Utah Medicaid Provider Manual; Utah Home and Community-Based Waiver Services New Choices Waiver Utah Medicaid Provider Manual; Utah Home and Community-Based Waiver Services for Technology Dependent, Medically Fragile Individuals Utah Medicaid Provider Manual; Utah Home and Community-Based Waiver Services Autism Waiver Utah Medicaid Provider Manual; Office of Inspector General (OIG) Administrative Hearings Procedures Manual; Pharmacy Services Utah Medicaid Provider Manual with its attachments; Coverage and Reimbursement Code Look-up Tool; CHEC Services Utah Medicaid Provider Manual with its attachments; Chiropractic Medicine Utah Medicaid Provider Manual; Dental, Oral Maxillofacial, and Orthodontia Services Utah Medicaid Provider Manual; General Attachments for the Utah Medicaid Provider Manual; Indian Health Utah Medicaid Provider Manual; Laboratory Services Utah Medicaid Provider Manual with its attachments; Medical Transportation Utah Medicaid Provider Manual; Non-Traditional Medicaid Health Plan Utah Medicaid Provider Manual with its attachments; Licensed Nurse Practitioner Utah Medicaid Provider Manual; Physical Therapy and Occupational Therapy Services Utah Medicaid Provider Manual; Physician Services and Anesthesiology Utah Medicaid Provider Manual with its attachments; Podiatric Services Utah Medicaid Provider Manual; Primary Care Network Utah Medicaid Provider Manual with its attachments; Psychology Services Utah Medicaid Provider Manual; Rehabilitative Mental Health and Substance Use Disorder Services Utah Medicaid Provider Manual; Rural Health Clinics and Federally Qualified Health Centers Services Utah Medicaid Provider Manual with its attachments; School-Based Skills Development Services Utah Medicaid Provider Manual; Section I: General Information of the Utah Medicaid Provider Manual; Services for Pregnant Women Utah Medicaid Provider Manual; Targeted Case Management for Individuals with Serious Mental Illness Utah Medicaid Provider Manual; Targeted Case Management for Early Childhood (Ages 0-4) Utah Medicaid Provider Manual; Vision Care Services Utah Medicaid Provider Manual; and Women's Services Utah Medicaid Provider Manual.

Summary of the rule or change:

Section R414-1-5 is changed to incorporate the Utah Medicaid State Plan and approved state plan amendments (SPAs) by reference to 07/01/2014. These SPAs include: SPA 14-0001-MM MAGI-Based Eligibility Groups, which implements the Affordable Care Act by: including the tax-rule requirement to determine household composition and countable income for families with dependent children, pregnant women, and children under 19 years of age; adding coverage for children who age-out of foster care to allow them to receive Medicaid until they turn 26 years old; adding coverage for pregnant women and children under 19 years of age; and increasing income limits for children. Changes in this SPA also include a streamlined eligibility process, designation of income options, single state agency delegation, state residency regulations, and citizenship regulations. This rule change also incorporates by reference SPA 14-0007-MM Presumptive Eligibility by Hospitals, which specifies options for presumptive eligibility conducted by hospitals and implements these options in accordance with the Affordable Care Act and 42 CFR 435.1110; SPA 14-009-UT 340B Dispensing Fee, which amends the Special Category Fees list of the State Plan to incorporate the 340B Dispensing Fee determined to be consistent with surveys, in-house studies of dispensing fee costs, national and regional data, and economic trends and conditions; SPA 14-010-UT Nurse Practitioner Services, which facilitates client access to health care throughout Utah by allowing licensed nurse practitioners to directly bill Medicaid for their services; and SPA 14-012-UT Physician Services, which updates psychiatric services by removing provisions already consolidated in another section of the State Plan. This rule change also incorporates by reference the Medical Supplies Utah Medicaid Provider Manual, effective 07/01/2014; incorporates by reference the Hospital Services Utah Medicaid Provider Manual with its attachments, effective 07/01/2014; incorporates by reference the Home Health Agencies Utah Medicaid Provider Manual, and the manual's attachment for the Private Duty Nursing Acuity Grid, effective 07/01/2014; incorporates by reference the Speech-Language Pathology and Audiology Services Utah Medicaid Provider Manual, effective 07/01/2014; incorporates by reference the Hospice Care Utah Medicaid Provider Manual, effective 07/01/2014; incorporates by reference the Long Term Care Services in Nursing Facilities Utah Medicaid Provider Manual, with its attachments, effective 07/01/2014; incorporates by reference the Utah Home and Community-Based Waiver Services for Individuals 65 or Older Utah Medicaid Provider Manual, effective 07/01/2014; incorporates by reference the Personal Care Utah Medicaid Provider Manual, with its attachments, effective 07/01/2014; incorporates by reference the Utah Home and Community-Based Waiver Services for Individuals with Acquired Brain Injury Age 18 and Older Utah Medicaid Provider Manual, effective 07/01/2014; incorporates by reference the Utah Home and Community-Based Waiver Services for Individuals with Intellectual Disabilities or Other Related Conditions Utah Medicaid Provider Manual, effective 07/01/2014; incorporates by reference the Utah Home and Community-Based Waiver Services for Individuals with Physical Disabilities Utah Medicaid Provider Manual, effective 07/01/2014; incorporates by reference the Utah Home and Community-Based Waiver Services New Choices Waiver Utah Medicaid Provider Manual, effective 07/01/2014; incorporates by reference the Utah Home and Community-Based Waiver Services for Technology Dependent, Medically Fragile Individuals Utah Medicaid Provider Manual, effective 07/01/2014; incorporates by reference the Utah Home and Community-Based Waiver Services Autism Waiver Utah Medicaid Provider Manual, effective 07/01/2014; incorporates by reference the Office of Inspector General (OIG) Administrative Hearings Procedures Manual, effective 07/01/2014; incorporates by reference the Pharmacy Services Utah Medicaid Provider Manual with its attachments, effective 07/01/2014; incorporates by reference the Coverage and Reimbursement Code Look-up Tool, effective 07/01/2014; incorporates by reference the CHEC Services Utah Medicaid Provider Manual with its attachments, effective 07/01/2014; incorporates by reference the Chiropractic Medicine Utah Medicaid Provider Manual, effective 07/01/2014; incorporates by reference the Dental, Oral Maxillofacial, and Orthodontia Services Utah Medicaid Provider Manual, effective 07/01/2014; incorporates by reference the General Attachments for the Utah Medicaid Provider Manual, effective 07/01/2014; incorporates by reference the Indian Health Utah Medicaid Provider Manual, effective 07/01/2014; incorporates by reference the Laboratory Services Utah Medicaid Provider Manual with its attachments, effective 07/01/2014; incorporates by reference the Medical Transportation Utah Medicaid Provider Manual, effective 07/01/2014; incorporates by reference the Non-Traditional Medicaid Health Plan Utah Medicaid Provider Manual with its attachments, effective 07/01/2014; incorporates by reference the Licensed Nurse Practitioner Utah Medicaid Provider Manual, effective 07/01/2014; incorporates by reference the Physical Therapy and Occupational Therapy Services Utah Medicaid Provider Manual, effective 07/01/2014; incorporates by reference the Physician Services and Anesthesiology Utah Medicaid Provider Manual with its attachments, effective 07/01/2014; incorporates by reference the Podiatric Services Utah Medicaid Provider Manual, effective 07/01/2014; incorporates by reference the Primary Care Network Utah Medicaid Provider Manual with its attachments, effective 07/01/2014; incorporates by reference the Psychology Services Utah Medicaid Provider Manual, effective 07/01/2014; incorporates by reference the Rehabilitative Mental Health and Substance Use Disorder Services Utah Medicaid Provider Manual, effective 07/01/2014; incorporates by reference the Rural Health Clinics and Federally Qualified Health Centers Services Utah Medicaid Provider Manual with its attachments, effective 07/01/2014; incorporates by reference the School-Based Skills Development Services Utah Medicaid Provider Manual, effective 07/01/2014; incorporates by reference Section I: General Information of the Utah Medicaid Provider Manual, effective 07/01/2014; incorporates by reference the Services for Pregnant Women Utah Medicaid Provider Manual, effective 07/01/2014; incorporates by reference the Targeted Case Management for Individuals with Serious Mental Illness Utah Medicaid Provider Manual, effective 07/01/2014; Targeted Case Management for Early Childhood (Ages 0-4) Utah Medicaid Provider Manual, effective 07/01/2014; Vision Care Services Utah Medicaid Provider Manual, effective 07/01/2014; and Women's Services Utah Medicaid Provider Manual, effective 07/01/2014.

State statutory or constitutional authorization for this rule:

• Section 26-18-3
• Section 26-1-5

This rule or change incorporates by reference the following material:

• Updates Utah Medicaid State Plan, published by Centers for Medicare and Medicaid Services, 07/01/2014
• Updates Non-Traditional Medicaid Health Plan Utah Medicaid Provider Manual with its attachments, published by Division of Medicaid and Health Financing, 07/01/2014
• Updates Hospice Care Utah Medicaid Provider Manual, published by Division of Medicaid and Health Financing, 07/01/2014
• Updates Utah Home and Community-Based Waiver Services New Choices Waiver Utah Medicaid Provider Manual, published by Division of Medicaid and Health Financing, 07/01/2014
• Updates Speech-Language Pathology and Audiology Services Utah Medicaid Provider Manual, published by Division of Medicaid and Health Financing, 07/01/2014
• Updates Vision Care Services Utah Medicaid Provider Manual, published by Division of Medicaid and Health Financing, 07/01/2014
• Updates Utah Home and Community-Based Waiver Services for Individuals with Acquired Brain Injury Age 18 and Older Utah Medicaid Provider Manual, published by Division of Medicaid and Health Financing, 07/01/2014
• Removes Targeted Case Management for CHEC Medicaid Eligible Children Utah Medicaid Provider Manual, published by Division of Medicaid and Health Financing, 04/01/2014
• Updates Office of Inspector General Administrative Hearings Procedures Manual, published by Office of Inspector General and Medicaid Services, 07/01/2014
• Updates Rehabilitative Mental Health and Substance Use Disorder Services Utah Medicaid Provider Manual, published by Division of Medicaid and Health Financing, 07/01/2014
• Updates Hospital Services Utah Medicaid Provider Manual with its attachments, published by Division of Medicaid and Health Financing, 07/01/2014
• Updates Utah Home and Community-Based Waiver Services for Technology Dependent, Medically Fragile Individuals Utah Medicaid Provider Manual, published by Division of Medicaid and Health Financing, 07/01/2014
• Updates Utah Home and Community-Based Waiver Services for Individuals with Intellectual Disabilities or Other Related Conditions Utah Medicaid Provider Manual, published by Division of Medicaid and Health Financing, 07/01/2014
• Updates Medical Supplies Utah Medicaid Provider Manual, published by Division of Medicaid and Health Financing, 07/01/2014
• Updates Utah Home and Community-Based Waiver Services for Individuals with Physical Disabilities Utah Medicaid Provider Manual, published by Division of Medicaid and Health Financing, 07/01/2014
• Updates CHEC Services Utah Medicaid Provider Manual with its attachments, published by Division of Medicaid and Health Financing, 07/01/2014
• Updates Long Term Care Services in Nursing Facilities Utah Medicaid Provider Manual with its attachments, published by Division of Medicaid and Health Financing, 07/01/2014
• Updates Medical Transportation Utah Medicaid Provider Manual, published by Division of Medicaid and Health Financing, 07/01/2014
• Updates School-Based Skills Development Services Utah Medicaid Provider Manual , published by Division of Medicaid and Health Financing, 07/01/2014
• Removes Certified Nurse-Midwife Services Utah Medicaid Provider Manual, published by Division of Medicaid and Health Financing, 04/01/2014
• Updates Targeted Case Management for Early Childhood (Ages 0-4) Utah Medicaid Provider Manual, published by Division of Medicaid and Health Financing, 07/01/2014
• Updates Utah Home and Community-Based Waiver Services Autism Waiver Utah Medicaid Provider Manual, published by Division of Medicaid and Health Financing, 07/01/2014
• Updates Coverage and Reimbursement Code Look-up Tool, published by Division of Medicaid and Health Financing, 07/01/2014
• Removes Substance Abuse Treatment Services and Targeted Case Management Services for Substance Abuse Utah Medicaid Provider Manual, published by Division of Medicaid and Health Financing, 04/01/2014
• Updates Home Health Agencies Utah Medicaid Provider Manual, and the manual's attachment for the Private Duty Nursing Acuity Grid, published by Division of Medicaid and Health Financing, 07/01/2014
• Updates General Attachments for the Utah Medicaid Provider Manual, published by Division of Medicaid and Health Financing, 07/01/2014
• Updates Primary Care Network Utah Medicaid Provider Manual with its attachments, published by Division of Medicaid and Health Financing, 07/01/2014
• Updates Laboratory Services Utah Medicaid Provider Manual with its attachments, published by Division of Medicaid and Health Financing, 07/01/2014
• Updates Targeted Case Management for Individuals with Serious Mental Illness Utah Medicaid Provider Manual, published by Division of Medicaid and Health Financing, 07/01/2014
• Removes Mental Health Centers/Prepaid Mental Health Plans Utah Medicaid Provider Manual, published by Division of Medicaid and Health Financing, 04/01/2014
• Updates Licensed Nurse Practitioner Utah Medicaid Provider Manual, published by Division of Medicaid and Health Financing, 07/01/2014
• Adds Women's Services Utah Medicaid Provider Manual, published by Division of Medicaid and Health Financing, 07/01/2014
• Updates Personal Care Utah Medicaid Provider Manual with its attachments, published by Division of Medicaid and Health Financing, 07/01/2014
• Updates Services for Pregnant Women Utah Medicaid Provider Manual, published by Division of Medicaid and Health Financing, 07/01/2014
• Updates Physical Therapy and Occupational Therapy Services Utah Medicaid Provider Manual, published by Division of Medicaid and Health Financing, 07/01/2014
• Updates Psychology Services Utah Medicaid Provider Manual, published by Division of Medicaid and Health Financing, 07/01/2014
• Updates Rural Health Clinics and Federally Qualified Health Centers Services Utah Medicaid Provider Manual with its attachments, published by Division of Medicaid and Health Financing, 07/01/2014
• Updates Pharmacy Services Utah Medicaid Provider Manual with its attachments, published by Division of Medicaid and Health Financing, 07/01/2014
• Updates Dental, Oral Maxillofacial, and Orthodontia Services Utah Medicaid Provider Manual, published by Division of Medicaid and Health Financing, 07/01/2014
• Removes Rehabilitative Mental Health Services for Children Under Authority of Department of Human Services, Division of Child and Family Services or Division of Juvenile Justice Services Utah Medicaid Provider Manual, published by Division of Medicaid and Health Financing, 04/01/2014
• Updates General Information of the Utah Medicaid Provider Manual, published by Division of Medicaid and Health Financing, 07/01/2014
• Updates Utah Home and Community-Based Waiver Services for Individuals 65 or Older Utah Medicaid Provider Manual, published by Division of Medicaid and Health Financing, 07/01/2014
• Updates Podiatric Services Utah Medicaid Provider Manual, published by Division of Medicaid and Health Financing, 07/01/2014
• Updates Physician Services and Anesthesiology Utah Medicaid Provider Manual with its attachments, published by Division of Medicaid and Health Financing, 07/01/2014
• Updates Utah Home and Community-Based Waiver Services for Individuals 65 or Older Utah Medicaid Provider Manual, published by Division of Medicaid and Health Financing, 07/01/2014
• Updates Indian Health Utah Medicaid Provider Manual, published by Division of Medicaid and Health Financing, 07/01/2014

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 and in the Look-up Tool, and hearings procedures described in the OIG manual do 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 and in the Look-up Tool, and hearings procedures described in the OIG manual do 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 and in the Look-up Tool, and hearings procedures described in the OIG manual do 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 and in the Look-up Tool, and hearings procedures described in the OIG manual do not create costs or savings to Medicaid recipients and to Medicaid providers.

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 and in the Look-up Tool, and hearings procedures described in the OIG manual do not create costs or savings to a single Medicaid recipient or to a Medicaid provider.

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

No impact on business because it makes no change to current practices.

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:

07/31/2014

This rule may become effective on:

08/07/2014

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.

The Department incorporates the [April]July 1, 2014 versions of the following by reference:

(1) Utah Medicaid State Plan, including any approved amendments, under Title XIX of the Social Security Act Medical Assistance Program;

(2) Medical Supplies Utah Medicaid Provider Manual, Section 2, Medical Supplies, as applied in Rule R414-70;

(3) Hospital Services Utah Medicaid Provider Manual with its attachments;

(4) Home Health Agencies Utah Medicaid Provider Manual, and the manual's attachment for the Private Duty Nursing Acuity Grid;

(5) Speech-Language Pathology and Audiology Services Utah Medicaid Provider Manual;

[(6) Audiology Services Utah Medicaid Provider Manual;

]([7]6) Hospice Care Utah Medicaid Provider Manual;

([8]7) Long Term Care Services in Nursing Facilities Utah Medicaid Provider Manual with its attachments;

([9]8) Personal Care Utah Medicaid Provider Manual with its attachments;

([10]9) Utah Home and Community-Based Waiver Services for Individuals 65 or Older Utah Medicaid Provider Manual;

(1[1]0) Utah Home and Community-Based Waiver Services for Individuals with Acquired Brain Injury Age 18 and Older Utah Medicaid Provider Manual;

(1[2]1) Utah Home and Community-Based Waiver for Individuals with Intellectual Disabilities or Other Related Conditions Utah Medicaid Provider Manual;

(1[3]2) Utah Home and Community-Based Waiver Services for Individuals with Physical Disabilities Utah Medicaid Provider Manual;

(1[4]3) Utah Home and Community-Based Waiver Services New Choices Waiver Utah Medicaid Provider Manual;

(1[5]4) Utah Home and Community-Based Waiver Services for Technology Dependent, Medically Fragile Individuals Utah Medicaid Provider Manual;

(1[6]5) Utah Home and Community-Based Waiver Services Autism Waiver Utah Medicaid Provider Manual;

(1[7]6) Office of Inspector General Administrative Hearings Procedures Manual;

(1[8]7) Pharmacy Services Utah Medicaid Provider Manual with its attachments;

(1[9]8) Coverage and Reimbursement Code Look-up Tool found at http://health.utah.gov/medicaid/stplan/lookup/CoverageLookup.php;

[(20) Certified Nurse - Midwife Services Utah Medicaid Provider Manual;

] ([ 21]19) CHEC Services Utah Medicaid Provider Manual with its attachments;

(2[2]0) Chiropractic Medicine Utah Medicaid Provider Manual;

(2[3]1) Dental, Oral Maxillofacial, and Orthodontia Services Utah Medicaid Provider Manual;

(2[4]2) General Attachments for the Utah Medicaid Provider Manual;

(2[5]3) Indian Health Utah Medicaid Provider Manual;

(2[6]4) Laboratory Services Utah Medicaid Provider Manual with its attachments;

(2[7]5) Medical Transportation Utah Medicaid Provider Manual;

[(28) Mental Health Centers/Prepaid Mental Health Plans Utah Medicaid Provider Manual;

](2[9]6) Non-Traditional Medicaid Health Plan Utah Medicaid Provider Manual with its attachments;

([30]27) [Certified Family Nurse Practitioner and Pediatric]Licensed Nurse Practitioner Utah Medicaid Provider Manual;

([31]28) Physical Therapy and Occupational Therapy Services Utah Medicaid Provider Manual;

([32]29) Physician Services and Anesthesiology Utah Medicaid Provider Manual with its attachments;

(3[3]0) Podiatric Services Utah Medicaid Provider Manual;

(3[4]1) Primary Care Network Utah Medicaid Provider Manual with its attachments;

(3[5]2) Psychology Services Utah Medicaid Provider Manual;

(3[6]3) Rehabilitative Mental Health and Substance Use Disorder Services Utah Medicaid Provider Manual;

[(37) Rehabilitative Mental Health Services for Children Under Authority of Department of Human Services, Division of Child and Family Services or Division of Juvenile Justice Services Utah Medicaid Provider Manual;

](3[8]4) Rural Health Clinics and Federally Qualified Health Centers Services Utah Medicaid Provider Manual with its attachments;

(3[9]5) School-Based Skills Development Services Utah Medicaid Provider Manual;

([40]36) Section I: General Information of the Utah Medicaid Provider Manual;

([41]37) Services for Pregnant Women Utah Medicaid Provider Manual;

[(42) Substance Abuse Treatment Services and Targeted Case Management Services for Substance Abuse Utah Medicaid Provider Manual;

(43) Targeted Case Management for CHEC Medicaid Eligible Children Utah Medicaid Provider Manual;

]([44]38) Targeted Case Management for [the Chronically Mentally Ill]Individuals with Serious Mental Illness Utah Medicaid Provider Manual;

([45]39) Targeted Case Management for Early Childhood (Ages 0-4) Utah Medicaid Provider Manual;[ and]

(4[6]0) Vision Care Services Utah Medicaid Provider Manual[.]; and

(41) Women's Services Utah Medicaid Provider Manual.

 

KEY: Medicaid

Date of Enactment or Last Substantive Amendment: [May 1, ]2014

Notice of Continuation: March 2, 2012

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