DAR File No. 39793

Health, Health Care Financing, Coverage and Reimbursement Policy

Section R414-61-2

Incorporation by Reference

Notice of Proposed Rule

(Amendment)

DAR File No.: 39793
Filed: 09/30/2015 02:46:11 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 New Choices Waiver, Community Supports Waiver, and Aging Waiver effective 07/01/2015; and to incorporate by reference changes to the Medicaid Autism Waiver and Medically Complex Children's Waiver effective 10/01/2015.

Summary of the rule or change:

This amendment incorporates by reference changes to the New Choices Waiver, Community Supports Waiver, and the Aging Waiver effective 07/01/2015. These changes implement new quality assurance standards that revise all performance measures within these waivers to further safeguard waiver participants. Effective 10/01/2015, this amendment also incorporates by reference changes to the Medicaid Autism Waiver that include the intended phase-out of the program over the five-year renewal period, and incorporates by reference the Medically Complex Children's Waiver effective 10/01/2015. (DAR NOTE: A corresponding 120-day (emergency) rule that is effective as of 10/01/2015 is under DAR No. 39782 in this issue, October 15, 2015, of the Utah State Bulletin.)

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 Medicaid Autism Waiver, published by Centers for Medicare and Medicaid Services, 10/01/2015
• Updates Waiver for Individuals Age 65 or Older, published by Centers for Medicare and Medicaid Services, 07/01/2015
• Updates Community Supports Waiver for Individuals with Intellectual Disabilities and Other Related Conditions, published by Centers for Medicare and Medicaid Services, 07/01/2015
• Updates New Choices Waiver, published by Centers for Medicare and Medicaid Services, 07/01/2015
• 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:

There is no impact to business because the changes do not affect the amount of appropriated funds for these programs.

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

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:

11/16/2015

This rule may become effective on:

11/23/2015

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) Waiver for Technology Dependent/Medically Fragile Individuals, effective July 1, 2013;

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

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

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

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

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

(7) Medicaid Autism Waiver, effective October 1, 2015; and

(8) Medically Complex Children's Waiver, effective October 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: [September 26, 2014]2015

Notice of Continuation: October 30, 2014

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