DAR File No. 43852

Health, Center for Health Data, Health Care Statistics

Section R428-2-10

Exemptions and Extensions

Notice of Proposed Rule

(Amendment)

DAR File No.: 43852
Filed: 07/03/2019 11:24:27 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule change clarifies the enrollment threshold for stand-alone dental carriers reporting to the Utah Department of Health's (Department) Office of Health Care Statistics (OHCS); existing policy is put into rule.

Summary of the rule or change:

This amendment makes one addition to the rule: A stand-alone dental carrier that covers fewer than 20,000 individual Utah residents as of January 1 of a given year is exempt from all requirements of this title except that once a stand-alone dental carrier has covered a cumulative total of 20,000 such individuals during a calendar year, they are no longer considered exempt for the remainder of that year.

Statutory or constitutional authorization for this rule:

• Section 26-33a-109

Anticipated cost or savings to:

the state budget:

This rule change is not expected to have any fiscal impact on state government revenues or expenditures, because it only clarifies the version of Data Submitter Guide expected for use by data submitters to Utah's Health Care Facility Database. The Department determines enactment of the amended version will not create any cost or savings impact to the state budget or the Department's budget, since the change will not increase workload and can be carried out with existing budget.

local governments:

This rule change is not expected to have any fiscal impact on local governments' revenues or expenditures, because they are not directly affected by this rule; nor are local governments indirectly impacted because this rule does not create a situation requiring services from local governments.

small businesses:

This rule change is not expected to have any fiscal impact on small businesses' revenues or expenditures, because all potentially impacted businesses have more than 50 employees. As a result, this rule will have no effect on small businesses for costs or savings.

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

This rule change is not expected to have any fiscal impact on other individuals' revenues or expenditures, because the change clarifies a prior expectation.

Compliance costs for affected persons:

There are no compliance costs to affected persons. The proposed addition will clarify the threshold requirement for dental stand-alone plans.

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

This rule change clarifies that a stand-alone dental carrier that covers less than 20,000 individuals is exempt from all requirements except the requirements that once the carrier reaches a cumulative total of 20,000 covered individuals in a calendar year, it is no longer considered exempt. This is an existing OHCS policy that is now being added to this rule so there is no fiscal impact on businesses.

Joseph K. Miner, MD, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Health
Center for Health Data, Health Care Statistics
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY, UT 84116-3231

Direct questions regarding this rule to:

• Mike Martin at the above address, by phone at 801-538-9205, by FAX at 801-538-9916, or by Internet E-mail at mikemartin@utah.gov
• Norman Thurston at the above address, by phone at 801-538-7052, by FAX at 801-237-0787, or by Internet E-mail at nthurston@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:

09/03/2019

This rule may become effective on:

09/10/2019

Authorized by:

Joseph Miner, Executive Director

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2020	FY 2021	FY 2022
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$0	$0	$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non - Small Businesses are described below.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

The Office of Health Care Statistics has approximately 140 facilities and carriers currently supplying data to the office. Each of these entities would be considered a non-small business. This change put existing policy into rule. The rule change is not expected to have any fiscal impact on non-small businesses' revenues or expenditures because the changes are being made to solidify current Department of Health procedure and practice and do not place additional costs on the businesses.

 

The Executive Director of the Utah Department of Health, Joseph Miner, MD, has reviewed and approved this final analysis.

 

 

R428. Health, Center for Health Data, Health Care Statistics.

R428-2. Health Data Authority Standards for Health Data.

R428-2-10. Exemptions and Extensions.

(1) The committee may grant exemptions or extensions from reporting requirements in Title R428 to data suppliers under certain circumstances.

(2) The committee may grant an exemption to a data supplier when the supplier demonstrates that compliance imposes an unreasonable cost.

(a) A data supplier may request an exemption from any particular requirement or set of requirements of Title R428. The data supplier must submit a request for exemption no less than 30 calendar days before the date the supplier would have to comply with the requirement.

(b) The committee may grant an exemption for a maximum of one calendar year. A data supplier wishing an additional exemption must submit an additional, separate request.

(3) The committee may grant an extension to a data supplier when the supplier demonstrates that technical or unforeseen difficulties prevent compliance.

(a) A data supplier may request an extension for any deadline required in Title R428. For each deadline for which the data supplier requests an extension, the data supplier must submit its request no less than seven calendar days before the deadline in question.

(b) The committee may grant an extension for a maximum of 30 calendar days. A data supplier wishing an additional extension must submit an additional, separate request.

(4) The supplier requesting an extension or exemption shall include:

(a) The data supplier's name, mailing address, telephone number, and contact person;

(b) the dates the exemption or extension is to start and end;

(c) a description of the relief sought, including reference to specific sections or language of the requirement;

(d) a statement of facts, reasons, or legal authority in support of the request; and

(e) a proposed alternative to the requirement or deadline.

(5) A carrier that covers fewer than 2,500 individual Utah residents as of January 1 of a given year is exempt from all requirements of this title except that once a carrier has covered a cumulative total of 2,500 such individuals during a calendar year, they are no longer considered exempt for the remainder of that year.

(6) A stand-alone dental carrier that covers fewer than 20,000 individual Utah residents as of January 1 of a given year is exempt from all requirements of this title except that once a stand-alone dental carrier has covered a cumulative total of 20,000 such individuals during a calendar year, they are no longer considered exempt for the remainder of that year.

 

KEY: health, health policy, health planning

Date of Enactment or Last Substantive Amendment: [December 13, 2017]2019

Notice of Continuation: November 10, 2016

Authorizing, and Implemented or Interpreted Law: 26-33a-104