DAR File No. 39782

Health, Health Care Financing, Coverage and Reimbursement Policy

Section R414-61-2

Incorporation by Reference

Notice of 120-Day (Emergency) Rule

DAR File No.: 39782
Filed: 09/30/2015 10:01:02 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this change is to incorporate by reference and implement by rule the Medically Complex Children's Waiver, which contains waiver provisions the department must implement by 10/01/2015.

Summary of the rule or change:

This amendment incorporates by reference and implements by rule the Medically Complex Children's Waiver, effective 10/01/2015. (DAR NOTE: A corresponding proposed amendment is under DAR No. 39793 in this issue, October 15, 2015, of the Utah State Bulletin.)

Emergency rule reason and justification:

Regular rulemaking procedures would place the agency in violation of federal or state law.

Justification: The department must implement by rule provisions of the Medically Complex Children's Waiver by 10/01/2015, to comply with waiver approval from the Centers for Medicare and Medicaid Services for implementation on that date.

State statutory or constitutional authorization for this rule:

• Subsection 1915(c) of the Social Security Act
• Section 26-1-5
• Section 26-18-3

This rule or change incorporates by reference the following material:

• Adds Medically Complex Children's Waiver, published by Centers for Medicare and Medicaid Services, 10/01/2015

Anticipated cost or savings to:

the state budget:

There is no impact to the state budget because this amendment does not affect the amount of funds the legislature previously appropriated for waiver services during the 2015 General Session.

local governments:

There is no impact to local governments because they neither fund nor provide waiver services to Medicaid recipients.

small businesses:

There is no impact to small businesses because this amendment does not affect the amount of funds the legislature previously appropriated for waiver services during the 2015 General Session.

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

There is no impact to Medicaid providers and to Medicaid recipients because this amendment does not affect the amount of funds the legislature previously appropriated for waiver services during the 2015 General Session.

Compliance costs for affected persons:

There are no compliance costs to a single Medicaid provider or to a Medicaid recipient because this amendment does not affect the amount of funds the Legislature previously appropriated for waiver services during the 2015 General Session.

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

This amendment does not fiscally impact business because it does not decrease or add any regulation requirements governing business, and funds for the waiver were previously appropriated during the 2015 General Session.

Joseph K. Miner, MD, 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

This rule is effective on:

10/01/2015

Authorized by:

Joseph Miner, 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) Medically Complex Children's Waiver, effective October 1, 2015;

([1]2) Waiver for Technology Dependent/Medically Fragile Individuals, effective July 1, 2013;

([2]3) Waiver for Individuals Age 65 or Older, effective July 1, 2015;

([3]4) Waiver for Individuals with Acquired Brain Injuries, effective July 1, 2014;

([4]5) Waiver for Individuals with Physical Disabilities, effective July 1, 2011;

([5]6) Community Supports Waiver for Individuals with Intellectual Disabilities and Other Related Conditions, effective July 1, 2015;

([6]7) New Choices Waiver, effective July 1, 2015.

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: October 1, 2015

Notice of Continuation: October 30, 2014

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