---------------------------- Utah State Digest, Vol. 2016, No. 4 (February 15, 2016) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed January 16, 2016, 12:00 AM through February 1, 2016, 11:59 PM Volume 2016, No. 4 February 15, 2016 Prepared by Division of Administrative Rules Department of Administrative Services The Utah State Digest (Digest) is an official electronic noticing publication of the executive branch of Utah state government. The Division of Administrative Rules, part of the Department of Administrative Services, produces the Digest under authority of Section 63G-3-402. The Digest is a summary of the information found in the Utah State Bulletin (Bulletin) of the same volume and issue number. The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this Bulletin issue is available at http://www.rules.utah.gov/publicat/bulletin.htm. Any discrepancy between the PDF version and other versions will be resolved in favor of the PDF version. Inquiries concerning the substance or applicability of an administrative rule that appear in the Digest should be addressed to the contact person for the rule. Questions about the Digest or the rulemaking process may be addressed to: Division of Administrative Rules, PO Box 141007, Salt Lake City, Utah 84114-1007, telephone 801-538-3764. Additional rulemaking information and electronic versions of all administrative rule publications are available at http://www.rules.utah.gov/. The Digest is available free of charge online at http://www.rules.utah.gov/publicat/digest.htm and by e-mail Listserv. ************************************************ Division of Administrative Rules, Salt Lake City 84114 Unless otherwise noted, all information presented in this publication is in the public domain and may be reproduced, reprinted, and redistributed as desired. Materials incorporated by reference retain the copyright asserted by their respective authors. Citation to the source is requested. Utah state digest. Semimonthly. 1. Delegated legislation--Utah--Digests. I. Utah. Division of Administrative Rules. KFU38.U8 348.792'025--DDC 86-658042 *********************************************** 1. SPECIAL NOTICES Notice for March 2016 Medicaid Rate Changes - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160215/sn157184.htm 2. EXECUTIVE DOCUMENTS Under authority granted by the Utah Constitution and various federal and state statutes, the Governor periodically issues Executive Documents, which can be categorized as either Executive Orders, Proclamations, and Declarations. Executive Orders set policy for the executive branch; create boards and commissions; provide for the transfer of authority; or otherwise interpret, implement, or give administrative effect to a provision of the Constitution, state law or executive policy. Proclamations call special or extraordinary legislative sessions; designate classes of cities; publish states-of-emergency; promulgate other official formal public announcements or functions; or publicly avow or cause certain matters of state government to be made generally known. Declarations designate special days, weeks or other time periods; call attention to or recognize people, groups, organizations, functions, or similar actions having a public purpose; or invoke specific legislative purposes (such as the declaration of an agricultural disaster). The Governor's Office staff files Executive Documents that have legal effect with the Division of Administrative Rules for publication and distribution. Rescinding Prior Executive Orders, Utah Exec. Order No. 2016-1 - Ashlee Buchholz by phone at 801-538-1621, by FAX at 801-538-1528, or by Internet E-mail at Abuchholz@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/execdocs/2016/ExecDoc157223.htm 3. NOTICES OF PROPOSED RULES A state agency may file a Proposed Rule when it determines the need for a substantive change to an existing rule. With a Notice of Proposed Rule, an agency may create a new rule, amend an existing rule, repeal an existing rule, or repeal an existing rule and reenact a new rule. Filings received between January 16, 2016, 12:00 a.m., and February 1, 2016, 11:59 p.m. are summarized in this, the February 15, 2016, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the February 15, 2016, issue of the Utah State Bulletin until at least March 16, 2016 (the Bulletin is the parent publication of the Digest). The agency may accept comment beyond this date and will indicate the last day the agency will accept comment in the rule information published below. The agency may also hold public hearings. Additionally, citizens or organizations may request the agency hold a hearing on a specific Proposed Rule. Section 63G-3-302 requires that a hearing request be received by the agency proposing the rule "in writing not more than 15 days after the publication date of the proposed rule." From the end of the public comment period through June 14, 2016, the agency may notify the Division of Administrative Rules that it wants to make the Proposed Rule effective. The agency sets the effective date. The date may be no fewer than seven calendar days after the close of the public comment period nor more than 120 days after the publication date in the Utah State Bulletin. Alternatively, the agency may file a Change in Proposed Rule in response to comments received. If the Division of Administrative Rules does not receive a Notice of Effective Date or a Change in Proposed Rule, the Proposed Rule lapses. The public, interest groups, and governmental agencies are invited to review and comment on the Proposed Rules listed below. Comment may be directed to the contact person identified with each rule. Proposed Rules are governed by Section 63G-3-301, Rule R15-2, and Sections R15-4-3, R15-4-4, R15-4-5a, R15-4-9, and R15-4-10. COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 40164 (Amendment): R156-55d. Burglar Alarm Licensing Rule. SUMMARY OF THE RULE OR CHANGE: In Subsection R156-55d-102(3), the amendment clarifies that an alarm company must have control over a person for that person to fall within the definition of "employee". The proposed new Subsection R156-55d-102(5) defines and clarifies the definition for "sensitive alarm system information". In Section R156-55d-302a, the proposed amendment removes the requirement for documents containing information that is currently gathered by applicant fingerprint and reformats remaining subsections. In Sections R156-55d-302c and R156-55d-302d, the amendment adds "Qualifying Agent" to the section title for clarification. In Section R156-55d-302e, the amendment adds "Alarm Company" to the section title for clarification. In Section R156-55d-306, the proposed amendment removes the requirement for a qualifying agent to submit a certification of criminal history or non-history as they have already submitted fingerprints with an application and criminal history is verified by the Division using the fingerprints. In Subsection R156-55d-502(1)(c), the proposed amendment removes a reference to an association that no longer exists. Subsection R156-55d-502(1)(f) is added to designate that failing to report an arrest, charge, indictment, or violation is considered unprofessional conduct. The remaining subsections are renumbered. In Subsection R156-55d-603(1), the proposed amendment removes a reference to an association that no longer exists. In Section R156-55d-604, the proposed amendments clarify the distinction between the business receiving the service and the alarm company providing the service. Section R156-55d-605 is a new section that adds an operating standard of conduct that requires notification within 72 hours of an arrest, charge, or indictment for any criminal offense above the level of a Class C misdemeanor. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Division will incur minimal costs of approximately $75 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget. The proposed amendments will not significantly increase the workload of the Division. - LOCAL GOVERNMENTS: The proposed amendments apply only to licensed burglar alarm company agents, burglar alarm companies, burglar alarm company qualifiers and applicants for licensure in those classifications. As a result, the proposed amendments do not apply to local governments. - SMALL BUSINESSES: The proposed amendments apply only to licensed burglar alarm company agents, burglar alarm companies, burglar alarm company qualifiers and applicants for licensure in those classifications. A small business may save a minimal amount due to not having to provide a certification of criminal history or non-history. The average cost of the certification is $15 per applicant. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The proposed amendments apply only to licensed burglar alarm company agents, burglar alarm companies, burglar alarm company qualifiers and applicants for licensure in those classifications. As a result, other persons, such as associations, may save a minimal amount due to not having to provide a certification of criminal history or non-history. The average cost of the certification is $15 per applicant. COMPLIANCE COSTS FOR AFFECTED PERSONS: The proposed amendments apply only to licensed burglar alarm company agents, burglar alarm companies, burglar alarm company qualifiers and applicants for licensure in those classifications. Affected persons may save a minimal amount due to not having to provide a certification of criminal history or non-history. The average cost of the certification is $15 per applicant. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: As stated in the rule analysis, this rule change updates the existing "Burglar Alarm Licensing Rule" by deleting references to associations that no longer exist, clarifying definitions, and requiring burglar alarm company employees to report to their employer (then burglar alarm companies to notify the Division) if an employee is arrested, charged, or indicted for any criminal offense above a Class C misdemeanor. No fiscal impact to businesses is anticipated. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jana Johansen by phone at 801-530-6621, by FAX at 801-530-6511, or by Internet E-mail at janajohansen@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 02/24/2016 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 03/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160215/40164.htm CRIME VICTIM REPARATIONS ADMINISTRATION No. 40177 (Amendment): R270-1-17. Prescription or Over-the-Counter Medications. SUMMARY OF THE RULE OR CHANGE: The only changes made to this rule was new language in Section R270-1-17 as it relates to prescriptions or over-the- counter medications, and the reimbursement thereof. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings that are expected to the state budget. The change only relates to reimbursement for the duration of an approved treatment plan. The change does not guarantee reimbursement or cost that would affect the state budget. - LOCAL GOVERNMENTS: There are no anticipated costs or savings that are expected to local governments. Local government is not affected by the change in the rule, as it only applies to the administration of crime victim reparations. - SMALL BUSINESSES: There are no anticipated costs or savings that are expected to small businesses. Small businesses are not affected by the change in the rule, as it only applies to the administration of crime victim reparations. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings that are expected to persons other than small businesses, businesses, or local government entities. Said persons are not affected by the change in the rule, as it only applies to the administration of crime victim reparations. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated compliance costs for affected persons. The changes only apply to the consideration for reimbursement for the duration of an approved treatment plan. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no anticipated fiscal impacts that this rule may have on businesses. Businesses are not affected by the change in the rule, as it only applies to the administration of crime victim reparation, and only relates to reimbursement for the duration of an approved treatment plan. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Gary Scheller by phone at 801-238-2362, by FAX at 801-533-4127, or by Internet E-mail at garys@utah.gov - Nicole Alder by phone at 801-538-3240, or by Internet E-mail at nicolealder@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160215/40177.htm No. 40148 (New Rule): R270-5. Electronic Meetings. SUMMARY OF THE RULE OR CHANGE: This rule establishes procedures for conducting Crime Victim Reparations and Assistance Board meetings by electronic means. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings that are expected to the state budget. This rule simply establishes procedures for conducting Crime Victim Reparations and Assistance Board meetings by electronic means. - LOCAL GOVERNMENTS: There are no anticipated costs or savings that are expected to the local government. This rule simply establishes procedures for conducting Crime Victim Reparations and Assistance Board meetings by electronic means. - SMALL BUSINESSES: There are no anticipated costs or savings that are expected to small businesses. This rule simply establishes procedures for conducting Crime Victim Reparations and Assistance Board meetings by electronic means, which is not applicable to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings that are expected to the persons other than small businesses, businesses, or local government entities. This rule simply establishes procedures for conducting Crime Victim Reparations and Assistance Board meetings by electronic means and does not affect said persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated compliance costs for the affected persons. This rule simply establishes procedures for conducting Crime Victim Reparations and Assistance Board meetings by electronic means. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no anticipated fiscal impacts that this rule may have on businesses. Businesses are not affected by the procedures for conducting Crime Victim Reparations and Assistance Board meetings by electronic means. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Gary Scheller by phone at 801-238-2362, by FAX at 801-533-4127, or by Internet E-mail at garys@utah.gov - Nicole Alder by phone at 801-538-3240, or by Internet E-mail at nicolealder@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160215/40148.htm HEALTH CHILD CARE CENTER LICENSING COMMITTEE No. 40163 (Amendment): R381-60. Hourly Child Care Centers. SUMMARY OF THE RULE OR CHANGE: This rule changes are proposed by the Child Care Center Licensing Committee. They include clarification of some terms, language required to adjust the policies and procedures and emergency and disaster plan to the new federal Office of Child Care training requirements, and renumbering. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No state agencies operate child care centers. Therefore, the Department does not anticipate any cost or savings as a result of this change. - LOCAL GOVERNMENTS: Some local governments operate hourly child care centers. Since the proposed changes are mostly clarification to the current rule and training for caregivers that is provided by Child Care Licensing at no cost, the Department does not anticipate any new costs or savings to child care programs operated by state agencies. - SMALL BUSINESSES: Almost all hourly child care centers are small businesses. Since the proposed changes are mostly documentation of policies and procedures and emergency and disaster plan and training for caregivers, which is provided by Child Care Licensing at no cost, the Department does not anticipate any new costs or savings to child care small business. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Because this rule will not change any of the requirements for child care programs, except required training for caregivers which is provided by Child Care Licensing at no cost, the Department does not anticipate any new costs or savings to entities or persons that are not small businesses. COMPLIANCE COSTS FOR AFFECTED PERSONS: Because this rule will not change any of the requirements for child care programs, the Department does not anticipate any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact to business because any required training for child care programs is provided at no cost. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Simon Bolivar by phone at 801-803-4618, by FAX at 801-237-0786, or by Internet E-mail at sbolivar@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/24/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160215/40163.htm No. 40162 (Amendment): R381-70. Out of School Time Child Care Programs. SUMMARY OF THE RULE OR CHANGE: This rule changes are proposed by the Child Care Center Licensing Committee. They include clarification of some terms, language required to adjust the policies and procedures and emergency and disaster plan to the new federal Office of Child Care requirements, and renumbering. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No state agencies operate licensed homes. Therefore, the Department does not anticipate any cost or savings as a result of this change. - LOCAL GOVERNMENTS: Some local governments operate child care centers. Since the proposed changes are mostly clarification to the current rule and training for caregivers that is provided by Child Care Licensing at no cost, the Department does not anticipate any new costs or savings to child care programs operated by state agencies. - SMALL BUSINESSES: Almost all child care centers are small businesses. Since the proposed changes are mostly documentation of policies and procedures and emergency and disaster plan and training for caregivers, which is provided by Child Care Licensing at no cost, the Department does not anticipate any new costs or savings to child care small business. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Because this rule will not change any of the requirements for child care programs, except required training for caregivers which is provided by Child Care Licensing at no cost, the Department does not anticipate any new costs or savings to entities or persons that are not small businesses. COMPLIANCE COSTS FOR AFFECTED PERSONS: Because this rule will not change any of the requirements for child care programs, the Department does not anticipate any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact to business because any required training for child care programs is provided at no cost. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Simon Bolivar by phone at 801-803-4618, by FAX at 801-237-0786, or by Internet E-mail at sbolivar@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/24/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160215/40162.htm No. 40161 (Amendment): R381-100. Child Care Centers. SUMMARY OF THE RULE OR CHANGE: This rule changes are proposed by the Child Care Center Licensing Committee. They include clarification of some terms, language required to adjust the policies and procedures and emergency and disaster plan to the new federal Office of Child Care training requirements, renumbering, and an additional mixed age group table for older toddlers and two-year-olds. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Some state agencies operate child care centers. However, the agency does not anticipate any cost or savings as a result of this change. - LOCAL GOVERNMENTS: Some local governments operate child care centers. Since the proposed changes are mostly clarification to the current rule and training for new directors is provided by Child Care Licensing at no cost, the Department does not anticipate any new costs or savings to child care programs operated by state agencies. - SMALL BUSINESSES: Almost all child care centers are small businesses. Since the proposed changes are mostly documentation of policies and procedures and emergency and disaster plan and training for caregivers, which is provided by Child Care Licensing at no cost, the Department does not anticipate any new costs or savings to child care small business. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Because this rule will not change any of the requirements for child care programs, except required training for caregivers which is provided by Child Care Licensing at no cost, the Department does not anticipate any new costs or savings to entities or persons that are not small businesses. COMPLIANCE COSTS FOR AFFECTED PERSONS: Because this rule will not change any of the requirements for child care programs, the Department does not anticipate any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact to business because any required training for child care programs is provided at no cost. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Simon Bolivar by phone at 801-803-4618, by FAX at 801-237-0786, or by Internet E-mail at sbolivar@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/24/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160215/40161.htm HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 40180 (Amendment): R414-2B. Inpatient Hospital Intensive Physical Rehabilitation Services. SUMMARY OF THE RULE OR CHANGE: This amendment removes all provisions in the rule text and defers to the scope of services found in the "Hospital Services Utah Medicaid Provider Manual". ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because services provided to Medicaid recipients remain unaffected by this change. - LOCAL GOVERNMENTS: There is no impact to local governments because services provided to Medicaid recipients remain unaffected by this change. - SMALL BUSINESSES: There is no impact to small businesses because services provided to Medicaid recipients remain unaffected by this change. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to Medicaid providers and to Medicaid recipients because services provided to Medicaid recipients remain unaffected by this change. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs to a single Medicaid provider or to a Medicaid recipient because services provided remain unaffected by this change. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact to business because the amendment does not affect any services provided to Medicaid recipients. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 04/01/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160215/40180.htm FAMILY HEALTH AND PREPAREDNESS, EMERGENCY MEDICAL SERVICES No. 40178 (Amendment): R426-7. Emergency Medical Services Prehospital Data System Rules. SUMMARY OF THE RULE OR CHANGE: The amendment updates data collection requirements for data elements to comply with National Emergency Medical Service (EMS) Standards, and improves the ability for health providers to use data more rapidly to possibly improving patient care. The elements are deleted from the rule and are referenced as Department policy. This allows timely updates as new national standards are adopted. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: State budget will not be impacted as data collection is currently administered. - LOCAL GOVERNMENTS: Local government budgets may be impacted as EMS providers are required to enter data within 14 days after the end or middle of the month instead of up to 2 months. Impacts would be slight, if incurred. Therefore, most likely no impacts. - SMALL BUSINESSES: Small business budgets may be impacted as EMS providers are required to enter data within 14 days after the end or middle of the month instead of up to 2 months. Impacts would be slight, if incurred. Therefore, most likely no impacts. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Other businesses, individuals, etc., may be impacted as EMS providers are required to enter data within 14 days after the end or middle of the month instead of up to 2 months. Impacts would be slight, if incurred. Therefore, most likely no impacts. COMPLIANCE COSTS FOR AFFECTED PERSONS: Compliance costs for affected persons (patients) would not be likely due to improved data submission times and new data elements. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact to business because the changes are related to new submission deadlines but do not include substantive additions to submission requirements. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Guy Dansie by phone at 801-273-6671, by FAX at 801-273-4165, or by Internet E-mail at gdansie@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160215/40178.htm CENTER FOR HEALTH DATA, HEALTH CARE STATISTICS No. 40170 (Amendment): R428-1. Health Data Plan and Incorporated Documents. SUMMARY OF THE RULE OR CHANGE: The changes are as follows: 1) to update versions of documents incorporated by reference within Rule R428-1, specifically, "Utah Hospital Inpatient Discharge Data Submittal Manual, Data Element Descriptions and Definitions, Version VI", February 2014 and "Utah Ambulatory Surgical Submittal Manual, Data Element Descriptions and Definitions, Version III", November 2009 should be replaced by "Utah Healthcare Facility Data Submission Guide, Version 1", January 15, 2016; 2) to clarify data elements and related requirements where needed to make uniform with existing practice; and 3) to update the version number for "All Payer Claims Database Data Submittal Guide" from version 2.2 to version 2.2.1. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule amendment adds a new data submittal guide which covers both inpatient and ambulatory care encounters and updates version numbering where appropriate. The Utah Department of Health (UDOH) determines enactment of the amended version will not create any cost or savings impact to the state budget or UDOH's budget, since the change will not increase workload and can be carried out with existing budget. - LOCAL GOVERNMENTS: This filing does not create any direct cost or savings impact to local governments since they are not directly affected by the rule nor are local governments indirectly impacted because the rule does not create a situation requiring services from local governments. - SMALL BUSINESSES: None--Small businesses are not impacted by this rule change since all potentially impacted businesses have more than 50 employees. As a result, the rule will have no effect on small business budgets for costs or savings. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Technical changes will not create any cost or savings to businesses, individuals, local governments or persons that are not small businesses. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons for the consolidated facilities data submittal guide (DSG) or for the updated version numbering associated with the "All Payer Claims Database DSG". COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact on business because technical changes do not add compliance costs to affected businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Mike Martin by phone at 801-538-9205, by FAX at 801-538-9916, or by Internet E-mail at mikemartin@utah.gov - Stephanie Saperstein by phone at 801-538-6430, or by Internet E-mail at stephaniesaperstein@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160215/40170.htm No. 40171 (Amendment): R428-2. Health Data Authority Standards for Health Data. SUMMARY OF THE RULE OR CHANGE: The changes are as follows: 1) add new definitions for "Emergency Room Data" and "Healthcare Facility Data"; 2) add one new subsection outlining protocol for rejected data submissions; 3) add one new section requiring healthcare facilities to provide current contact information to the office by September 1 of each year, and within 30 days of learning they will be required to submit under this rule; and 4) update title for the facilities data submittal guide to "Utah Healthcare Facility Data Submission Guide" in Rule R428-2. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule amendment makes technical changes and also updates the data submittal guide required for use by Utah healthcare facilities, which are required to submit data to the Utah Department of Health's (UDOH) Office of Health Care Statistics. UDOH determines enactment of these changes and the amended version will not create any cost or savings impact to the state budget or UDOH's budget since the change will not increase workload and can be carried out with existing budget. - LOCAL GOVERNMENTS: This filing does not create any direct cost or savings impact to local governments since they are not directly affected by the rule; nor are local governments indirectly impacted because the rule does not create a situation requiring services from local governments. - SMALL BUSINESSES: None--Small businesses are not impacted by this rule change since all potentially impacted businesses have more than 50 employees. As a result, the rule will have no effect on small business budgets for costs or savings. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Technical changes will not create any cost or savings to businesses, individuals, local governments, or persons that are not small businesses. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. The change clarifies definitions and two requirements, which does not result in compliance costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact on business because technical changes do not add compliance costs to affected businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Mike Martin by phone at 801-538-9205, by FAX at 801-538-9916, or by Internet E-mail at mikemartin@utah.gov - Stephanie Saperstein by phone at 801-538-6430, or by Internet E-mail at stephaniesaperstein@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160215/40171.htm No. 40172 (Repeal and Reenact): R428-10. Health Data Authority Hospital Inpatient Reporting Rule. SUMMARY OF THE RULE OR CHANGE: The proposed repeal and reenactment changes the rule title to accurately reflect consolidation of Rules R428-10 and R428- 11 into the new Rule R428-10; updates definitions in rule purpose; clarifies rule purpose and also data reporting requirements by healthcare facilities; and makes technical and conforming amendments. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This amendment reflects the consolidation of Rules R428- 10 and R428-11 that improves consistency and clarity of the new Rule R428-10. The Utah Department of Health (UDOH) determines that these changes will not create any cost or savings impact to the state budget or UDOH's budget, since the changes will not increase workload and can be carried out with existing budget. - LOCAL GOVERNMENTS: This filing does not create any direct cost or savings impact to local governments since they are not directly affected by the rule nor are local governments indirectly impacted because the rule does not create a situation requiring services from local governments. - SMALL BUSINESSES: None--Small businesses will not be impacted by this rule change. As a result, the rule will have no effect on small business budgets for costs or savings. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Consolidation of Rules R428-10 and R428-11 into a new Rule R428-10 that includes a few technical changes will not create any cost or savings to businesses, individuals, local governments, or persons that are not small businesses. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for persons affected by these changes to Rule R428-10. Although there are several modifications within this amendment, they will not impact affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact on business because there were no substantive changes to the requirements and the technical changes do not add compliance costs to affected businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Mike Martin by phone at 801-538-9205, by FAX at 801-538-9916, or by Internet E-mail at mikemartin@utah.gov - Stephanie Saperstein by phone at 801-538-6430, or by Internet E-mail at stephaniesaperstein@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160215/40172.htm No. 40173 (Repeal): R428-11. Health Data Authority Ambulatory Surgical Data Reporting Rule. SUMMARY OF THE RULE OR CHANGE: The rule is repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Staff will no longer need to monitor rule text for Rule R428-10. Repeal of this rule will result in approximate savings to the state of $50 per year, which equals about 1.5 hours staff time. - LOCAL GOVERNMENTS: Because the substantive provisions of this rule are being incorporated into the new Rule R428-10, no costs or savings to local governments should result from this filing. - SMALL BUSINESSES: Because the substantive provisions of this rule are being incorporated into the new Rule R428-10, no costs or savings to small businesses should result from this filing. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Because the substantive provisions of this rule are being incorporated into the new Rule R428-10, no costs or savings to other persons should result from this filing. COMPLIANCE COSTS FOR AFFECTED PERSONS: No compliance costs are expected with this repeal, which relieves affected persons from any obligations to comply with the rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact on business because technical changes do not add compliance costs to affected businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Mike Martin by phone at 801-538-9205, by FAX at 801-538-9916, or by Internet E-mail at mikemartin@utah.gov - Stephanie Saperstein by phone at 801-538-6430, or by Internet E-mail at stephaniesaperstein@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160215/40173.htm No. 40174 (Amendment): R428-13. Health Data Authority. Audit and Reporting of Health Plan Performance Measures. SUMMARY OF THE RULE OR CHANGE: The changes are as follows: 1) clarify terms and requirements used in the rule; 2) make technical and conforming amendments; 3) delete Section R428-13-4, "Release of Performance Measures", because similar reference is contained in Rule R428-2; and 4) edit numbering of sections where needed. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This amendment makes technical changes that improve consistency and clarity of Rule R428-13. The Utah Department of Health (UDOH) determines enactment of the amended version will not create any cost or savings impact to the state budget or UDOH's budget since the change will not increase workload and can be carried out with existing budget. - LOCAL GOVERNMENTS: This filing does not create any direct cost or savings impact to local governments since they are not directly affected by the rule nor are local governments indirectly impacted because the rule does not create a situation requiring services from local governments. - SMALL BUSINESSES: None--Small businesses are not impacted by this rule change since all potentially impacted businesses have more than 50 employees. As a result, the rule will have no effect on small business budgets for costs or savings. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Technical changes will not create any cost or savings to businesses, individuals, local governments or persons that are not small businesses. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for persons affected by these changes to Rule R428-13. Although there are several modifications within this amendment, they will not impact affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact on business because technical changes do not add compliance costs to affected businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Mike Martin by phone at 801-538-9205, by FAX at 801-538-9916, or by Internet E-mail at mikemartin@utah.gov - Stephanie Saperstein by phone at 801-538-6430, or by Internet E-mail at stephaniesaperstein@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160215/40174.htm No. 40179 (Amendment): R428-15. Health Data Authority Health Insurance Claims Reporting. SUMMARY OF THE RULE OR CHANGE: This amendment removes Section R428-15-4, "Carrier Registration", as similar reference resides in Rule R428-2; removes Section R428-15-7, "Replacement of Data Files", to reflect current practice; and renumbers sections where needed. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This amendment makes changes that improve the consistency and clarity of Rule R428-15. The Utah Department of Health (UDOH) determines enactment of the amended version does create any cost or savings impact to the state budget or UDOH's budget, since the change does not increase workload and can be carried out with existing budget. - LOCAL GOVERNMENTS: This filing does not create any direct cost or savings impact to local governments since they are not directly affected by the rule nor are local governments indirectly impacted because the rule does not create a situation requiring services from local governments. - SMALL BUSINESSES: None--Small businesses are not impacted by this rule change since all potentially impacted businesses have more than 50 employees. As a result, the rule will have no effect on small business budgets for costs or savings. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Proposed rule changes will not create any cost or savings to businesses, individuals, local governments or persons that are not small businesses. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for persons affected by these changes to Rule R428-15. Although there are several modifications within this amendment, they do not impact affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact on business because technical changes do not add compliance costs to affected businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Mike Martin by phone at 801-538-9205, by FAX at 801-538-9916, or by Internet E-mail at mikemartin@utah.gov - Stephanie Saperstein by phone at 801-538-6430, or by Internet E-mail at stephaniesaperstein@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160215/40179.htm FAMILY HEALTH AND PREPAREDNESS, CHILD CARE LICENSING No. 40160 (Amendment): R430-50. Residential Certificate Child Care. SUMMARY OF THE RULE OR CHANGE: The proposed changes include clarification of some terms, language required to adjust the policies and procedures, and emergency and disaster plan to the new federal Office of Child Care training requirements, and renumbering. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No state agencies operate licensed homes. Therefore, the Department does not anticipate any cost or savings as a result of this change. - LOCAL GOVERNMENTS: No local governments operate licensed homes. Therefore, the Department does not anticipate any cost or savings as a result of this change. - SMALL BUSINESSES: All residential certificate providers are small businesses. However, the proposed changes are mostly documentation of policies and procedures and emergency and disaster plan and training for caregivers, which is provided by Child Care Licensing at no cost. The Department does not anticipate any new costs or savings to child care small business. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Because this rule will not change any of the requirements for child care programs, except required training for caregivers which is provided by Child Care Licensing at no cost, the Department does not anticipate any new costs or savings to entities or persons that are not small businesses. COMPLIANCE COSTS FOR AFFECTED PERSONS: Because this rule will not change any of the requirements for child care programs, the Department does not anticipate any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact to business because any required training for child care programs is provided at no cost. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Simon Bolivar by phone at 801-803-4618, by FAX at 801-237-0786, or by Internet E-mail at sbolivar@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/24/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160215/40160.htm No. 40159 (Amendment): R430-90. Family Licensed Child Care. SUMMARY OF THE RULE OR CHANGE: The proposed changes include clarification of some terms, language required to adjust the policies and procedures, and emergency and disaster plan to the new federal Office of Child Care training requirements, and renumbering. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No state agencies operate licensed homes. Therefore, the Department does not anticipate any cost or savings as a result of this change. - LOCAL GOVERNMENTS: No local governments operate licensed homes. Therefore, the Department does not anticipate any cost or savings as a result of this change. - SMALL BUSINESSES: All licensed homes are small businesses. However, the proposed changes are mostly documentation of policies and procedures and emergency and disaster plan and training for caregivers, which is provided by Child Care Licensing at no cost. The Department does not anticipate any new costs or savings to child care small business. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Because this rule will not change any of the requirements for child care programs, except required training for caregivers which is provided by Child Care Licensing at no cost, the Department does not anticipate any new costs or savings to entities or persons that are not small businesses. COMPLIANCE COSTS FOR AFFECTED PERSONS: Because this rule will not change any of the requirements for child care programs, the Department does not anticipate any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact to business because any required training for child care programs is provided at no cost. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Simon Bolivar by phone at 801-803-4618, by FAX at 801-237-0786, or by Internet E-mail at sbolivar@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/24/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160215/40159.htm INSURANCE ADMINISTRATION No. 40182 (Amendment): R590-167-11. Actuarial Certification and Additional Filing Requirements. SUMMARY OF THE RULE OR CHANGE: The changes being made to the rule require that a carrier's actuarial certification only applies to grandfathered plans, require only identification of the carrier's classes rather than a description for rate manual filings, and eliminate the index premium rate requirement. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget. The changes being made to the rule bring it into alignment with current industry practices. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local government. The changes being made to the rule bring it into alignment with current industry practices. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses. The changes being made to the rule bring it into alignment with current industry practices. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to any other persons. The changes being made to the rule bring it into alignment with current industry practices. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no compliance costs for any affected persons. The changes being made bring the rule into alignment with current industry practices. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule change will result in no fiscal impact to any businesses. Insurers are already acting according to the new criteria as a matter of course. The Department is amending the rule so it aligns with current industry practices. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160215/40182.htm No. 40155 (Amendment): R590-220-16. Classification of Documents. SUMMARY OF THE RULE OR CHANGE: The change makes grammatical and clarifying changes to language in the rule that relates to classifying certain documents as protected during the filing process. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to state budget. The change merely makes grammatical and clarifying changes to bring the section into line with similar sections in Title R590. There are no new requirements. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local government. The change merely makes grammatical and clarifying changes to bring the section into line with similar sections in Title R590. There are no new requirements. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses. The change merely makes grammatical and clarifying changes to bring the section into line with similar sections in Title R590. There are no new requirements. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to any other persons. The change merely makes grammatical and clarifying changes to bring the section into line with similar sections in Title R590. There are no new requirements. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for any affected persons. The changes are clarifying and grammatical and make no new requirements. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This change will have no fiscal impact on businesses. The department is making this change to clarify the rule and to bring it into line with similar rules in Title R590. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160215/40155.htm No. 40156 (Amendment): R590-226. Submission of Life Insurance Filings. SUMMARY OF THE RULE OR CHANGE: The change removes Section R590-226-13, "Correspondence and Status Checks", which has been determined to be outdated. It also makes grammatical and clarifying changes to Section R590-226-11, "Classification of Documents", which relates to procedures for classifying certain documents as protected during the filing process. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to state budget. The change merely removes an outdated section and makes grammatical and clarifying changes to bring the section into line with similar sections in Title R590. There are no new requirements. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local government. The change merely removes an outdated section and makes grammatical and clarifying changes to bring the section into line with similar sections in Title R590. There are no new requirements. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses. The change merely removes an outdated section and makes grammatical and clarifying changes to bring the section into line with similar sections in Title R590. There are no new requirements. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to any other persons. The change merely removes an outdated section and makes grammatical and clarifying changes to bring the section into line with similar sections in Title R590. There are no new requirements. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for any affected persons. The changes are clarifying and grammatical and make no new requirements. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The change will have no fiscal impact on businesses. The department is making this change to clarify the rule and bring it into line with similar rules in Title R590. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160215/40156.htm No. 40157 (Amendment): R590-227. Submission of Annuity Filings. SUMMARY OF THE RULE OR CHANGE: The change removes Section R590-227-11, "Correspondence and Status Checks", which has been determined to be outdated. It also makes grammatical and clarifying changes to Section R590-227-10, "Classification of Documents", which relates to procedures for classifying certain documents as protected during the filing process. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to state budget. The change merely removes an outdated section and makes grammatical and clarifying changes to bring the section into line with similar sections in Title R590. There are no new requirements. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local government. The change merely removes an outdated section and makes grammatical and clarifying changes to bring the section into line with similar sections in Title R590. There are no new requirements. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses. The change merely removes an outdated section and makes grammatical and clarifying changes to bring the section into line with similar sections in Title R590. There are no new requirements. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to any other persons. The change merely removes an outdated section and makes grammatical and clarifying changes to bring the section into line with similar sections in Title R590. There are no new requirements. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for any affected persons. The changes are clarifying and grammatical and make no new requirements. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This change will have no fiscal impact on businesses. The department is making this change to clarify the rule and bring it into line with similar rules in Title R590. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160215/40157.htm No. 40158 (Amendment): R590-228-9. Correspondence and Status Checks. SUMMARY OF THE RULE OR CHANGE: The change removes the current section, "Correspondence and Status Checks", which has been determined to be outdated. In its place, the rule substitutes a new section, "Classification of Documents". This new section sets forth what information can be classified as protected under Section 63G-2-305 (GRAMA) and delineates the process for requesting protected status for certain documents. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to state budget. The Insurance Department has processes in place to review requests for protected status. The addition of the new section to this rule merely codifies the procedure. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local government. The rule governs how companies that submit credit life or credit accident and health forms and rate filings can have certain information classified as protected. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses. The rule governs how companies that submit credit life or credit accident and health forms and rate filings can have certain information classified as protected. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to any other persons. The rule governs how companies that submit credit life or credit accident and health forms and rate filings can have certain information classified as protected. Companies already file requests for protected status as a matter of course; this rule merely codifies the procedure. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. There are no costs associated with this rule amendment. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The Utah Insurance Department complies and has complied with the law as set forth in Section 63G-2-305. The substitution in this rule merely codifies the department's procedures with respect to classifying records as protected. There will be no fiscal impact because procedures are already in place and in use. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160215/40158.htm TITLE AND ESCROW COMMISSION No. 40183 (Amendment): R592-11. Title Insurance Producer Annual and Controlled Business Reports. SUMMARY OF THE RULE OR CHANGE: The change removes the email address that was formerly the submission point for annual reports and adds a secure file upload address that shall be used going forward. It also sets forth that annual reports shall be submitted as a PDF and with information in a particular order. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: While the changes require that annual reports be uploaded to a secure server, it is a server the department is already using for a similar function with other divisions. Any ongoing costs will be minor and will be spread across many divisions. The Department of Technology Services owns the server, so any costs incurred by the state will be paid to the state. - LOCAL GOVERNMENTS: There are no ongoing costs or savings to local government. The rule change governs how title insurance producers file annual reports with the state. - SMALL BUSINESSES: There are no ongoing costs or savings to small businesses. Title insurance producers already file annual reports with the state; this change merely has them file the report in a new location. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no ongoing costs or savings to any other persons. The rule change governs how title insurance producers file annual reports with the state. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. The change requires that title insurance producers file their annual reports by using a new method, but there are no associated costs for using said method. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There will be no fiscal impact for businesses to comply with the changes in this rule. The Insurance Department is requiring title insurance producers to securely upload their annual reports because it is a more secure method for all involved parties. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160215/40183.htm NATURAL RESOURCES WATER RIGHTS No. 40169 (Amendment): R655-10-5A. Hazard Classification -- Criteria. SUMMARY OF THE RULE OR CHANGE: Section R655-10-5A is clarified and updated to current industry practice. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No cost involved--Clarification of processing does not require a dollar figure. - LOCAL GOVERNMENTS: No cost involved--Clarification of processing does not require a dollar figure. - SMALL BUSINESSES: No cost involved--Clarification of processing does not require a dollar figure. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: No cost involved--Clarification of processing does not require a dollar figure. COMPLIANCE COSTS FOR AFFECTED PERSONS: No cost involved--Clarification of processing does not require a dollar figure. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: No fiscal impact--Clarification of processing does not require a dollar figure. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Marianne Burbidge by phone at 801-538-7370, by FAX at 801-538-7467, or by Internet E-mail at marianneburbidge@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/24/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160215/40169.htm No. 40175 (Amendment): R655-11. Requirements for the Design, Construction and Abandonment of Dams. SUMMARY OF THE RULE OR CHANGE: Section R655-11-4A is updated to current industry practice. Section R655-11-4B is clarified and updated to current industry practice. Section R655-11-5A is clarified and updated to current industry practice. Section R655-11-6A is clarified and updated to current industry practice. Section R655-11-6D is clarified and updated to current industry practice. Section R655-11-7C is clarified and updated to current industry practice. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No cost involved--Clarification of processing does not require a dollar figure. - LOCAL GOVERNMENTS: No cost involved--Clarification of processing does not require a dollar figure. - SMALL BUSINESSES: No cost involved--Clarification of processing does not require a dollar figure. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: No cost involved--Clarification of processing does not require a dollar figure. COMPLIANCE COSTS FOR AFFECTED PERSONS: No cost involved--Clarification of processing does not require a dollar figure. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: No fiscal impact--Clarification of processing does not require a dollar figure. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Marianne Burbidge by phone at 801-538-7370, by FAX at 801-538-7467, or by Internet E-mail at marianneburbidge@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/24/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160215/40175.htm No. 40176 (Amendment): R655-12. Requirements for Operational Dams. SUMMARY OF THE RULE OR CHANGE: Section R655-12-4C is clarified and updated to current industry practice. Section R655-12-5 is clarified to current industry practice. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No cost involved--Clarification of processing does not require a dollar figure. - LOCAL GOVERNMENTS: No cost involved--Clarification of processing does not require a dollar figure. - SMALL BUSINESSES: No cost involved--Clarification of processing does not require a dollar figure. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: No cost involved--Clarification of processing does not require a dollar figure. COMPLIANCE COSTS FOR AFFECTED PERSONS: No cost involved--Clarification of processing does not require a dollar figure. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: No fiscal impact--Clarification of processing does not require a dollar figure. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Marianne Burbidge by phone at 801-538-7370, by FAX at 801-538-7467, or by Internet E-mail at marianneburbidge@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/24/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160215/40176.htm PUBLIC SAFETY DRIVER LICENSE No. 40140 (Repeal): R708-16. Pedestrian Vehicle Rule. SUMMARY OF THE RULE OR CHANGE: With the creation of a Mobility Vehicle Permit, language was inserted into Section 41-6a-1011 which prohibits licensing, registration, permits, and regulation required for persons with disabilities in the code. Since a pedestrian vehicle must be specifically designed for use by the disabled, the agency is no longer authorized to issue these permits or regulate pedestrian vehicles. This rule is repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Repealing the rule will neither cost nor save the state budget any money, because the rule has not been effective since the creation of Rule R708-51 in 2015. - LOCAL GOVERNMENTS: Repealing the rule will neither cost nor save local government any money, because the rule has not been effective since the creation of Rule R708-51 in 2015. - SMALL BUSINESSES: Repealing the rule will neither cost nor save small businesses any money, because the rule has not been effective since the creation of Rule R708-51 in 2015. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Repealing the rule will neither cost nor save persons other than small businesses, businesses, or local government entities any money, because the rule has not been effective since the creation of Rule R708-51 in 2015. COMPLIANCE COSTS FOR AFFECTED PERSONS: Affected persons will not be charged the $13 fee that was associated with this rule once it is repealed. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There will be no fiscal impact on businesses by repealing this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Marge Dalton by phone at 801-965-4456, by FAX at 801-957-8502, or by Internet E-mail at modalton@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160215/40140.htm SCHOOL AND INSTITUTIONAL TRUST LANDS ADMINISTRATION No. 40185 (Amendment): R850-30-400. Special Use Leases. SUMMARY OF THE RULE OR CHANGE: The changes to this rule allow the agency the flexibility to look at the contract terms during review procedures and rental adjustments and determine if rounding the payment amount to the nearest number evenly divisible by 10 is allowed. If the contract terms don't provide for rounding, the agency will still be in compliance with the rules. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is the potential that the state may lose a small amount of revenue as a result of establishing adjusted rentals at the exact amounts prescribed by their lease terms instead of rounding to the nearest amount divisible by 10. Since reviews are made only every three to five years and the rental rates do not always change, the amount of loss is undetermined but should be minimal. - LOCAL GOVERNMENTS: There is the potential that if a local government holds a lease with the agency, they could experience a slight savings in their rental if the adjusted amount is not rounded to the nearest amount divisible by 10. - SMALL BUSINESSES: There is the potential that if a small business holds a lease with the agency, they could experience a slight savings in their rental if the adjusted amount is not rounded to the nearest amount divisible by 10. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is the potential that if persons other than small businesses, businesses, or local government entities hold a lease with the agency, they could experience a slight savings in their rental if the adjusted amount is not rounded to the nearest amount divisible by 10. COMPLIANCE COSTS FOR AFFECTED PERSONS: There should not be any compliance costs for affected persons as the review and rental adjustment processes have not changed. In fact, there is a potential that affected persons may experience a slight savings based on whether or not the amount is rounded. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule will have only minor, if any, impact on business. All leases on trust land must pay annual rental which, until this rule amendment, would have been rounded to the nearest $10. The annual rental, after a scheduled review based on the change in the CPI, may have been rounded up or down but only by a $5 maximum. If this rule option is applied, the lease rental will not be rounded at all. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Kim Christy by phone at 801-538-5183, by FAX at 801-355-0922, or by Internet E-mail at kimchristy@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160215/40185.htm 4. FIVE-YEAR NOTICES OF REVIEW AND STATEMENTS OF CONTINUATION Within five years of an administrative rule's original enactment or last five-year review, the agency is required to review the rule. This review is intended to help the agency determine, and to notify the public that, the administrative rule in force is still authorized by statute and necessary. Upon reviewing a rule, an agency may: repeal the rule by filing a Proposed Rule; continue the rule as it is by filing a Five-Year Notice of Review and Statement of Continuation (Review); or amend the rule by filing a Proposed Rule and by filing a Review. By filing a Review, the agency indicates that the rule is still necessary. The rule text that is being continued may be found in the online edition of the Utah Administrative Code at http://www.rules.utah.gov/publicat/code.htm. The rule text may also be inspected at the agency or the Division of Administrative Rules. Reviews are effective upon filing. Reviews are governed by Section 63G-3-305. AGRICULTURE AND FOOD REGULATORY SERVICES No. 40149 (5-year Review): R70-410. Grading and Inspection of Shell Eggs with Standard Grade and Weight Classes. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is necessary to ensure that the consumer knows the quality, size, and weight of the eggs being purchased. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Cary Wise by phone at 801-538-7144, or by Internet E-mail at cwise@utah.gov - Kathleen Mathews by phone at 801-538-7103, by FAX at 801-538-7126, or by Internet E-mail at kmathews@utah.gov - Scott Ericson by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at sericson@utah.gov - Travis Waller by phone at 801-538-7150, by FAX at 801-538-7124, or by Internet E-mail at twaller@utah.gov EFFECTIVE: 01/20/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160215/40149.htm COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 40150 (5-year Review): R156-69. Dentist and Dental Hygienist Practice Act Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued as it provides a mechanism to inform potential licensees of the requirements for licensure as allowed under statutory authority provided in Title 58, Chapter 69, with respect to dentists and dental hygienists. The rule should also be continued as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements and provides licensees with information concerning unprofessional conduct, definitions, and ethical standards relating to the profession. DIRECT QUESTIONS REGARDING THIS RULE TO: - Larry Marx by phone at 801-530-6254, by FAX at 801-530-6511, or by Internet E-mail at lmarx@utah.gov EFFECTIVE: 01/21/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160215/40150.htm HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 40181 (5-year Review): R414-320. Medicaid Health Insurance Flexibility and Accountability Demonstration Waiver. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Department will continue this rule because it defines coverage and eligibility for Utah's Premium Partnership for Health Insurance (UPP) program, and because it spells out application requirements, notice requirements, and reimbursement policy. DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov EFFECTIVE: 02/01/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160215/40181.htm HUMAN SERVICES CHILD AND FAMILY SERVICES No. 40151 (5-year Review): R512-43. Adoption Assistance. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Continuation of this rule is necessary in order for the Division of Child and Family Services to continue to offer adoption assistance to qualifying families. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Miller by phone at 801-557-1772, by FAX at 801-538-3993, or by Internet E-mail at carolmiller@utah.gov - Julene Robbins by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@utah.gov EFFECTIVE: 01/25/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160215/40151.htm No. 40152 (5-year Review): R512-205. Child Protective Services, Investigation of Domestic Violence Related Child Abuse. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Continuation of this rule is necessary in order for the Division of Child and Family Services to investigate an allegation of Domestic Violence Related Child Abuse. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Miller by phone at 801-557-1772, by FAX at 801-538-3993, or by Internet E-mail at carolmiller@utah.gov - Julene Robbins by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@utah.gov EFFECTIVE: 01/25/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160215/40152.htm INSURANCE ADMINISTRATION No. 40154 (5-year Review): R590-259. Dependent Coverage to Age 26. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule should remain active as it provides clarification and guidance to assist in compliance with both PPACA and Utah state insurance laws. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov EFFECTIVE: 01/25/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160215/40154.htm NATURAL RESOURCES WATER RIGHTS No. 40166 (5-year Review): R655-10. Dam Safety Classifications, Approval Procedures and Independent Reviews. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule is still required for processing and acceptance by the state engineer. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Marianne Burbidge by phone at 801-538-7370, by FAX at 801-538-7467, or by Internet E-mail at marianneburbidge@utah.gov EFFECTIVE: 01/29/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160215/40166.htm No. 40167 (5-year Review): R655-11. Requirements for the Design, Construction and Abandonment of Dams. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule is still required for processing and acceptance by the state engineer. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Marianne Burbidge by phone at 801-538-7370, by FAX at 801-538-7467, or by Internet E-mail at marianneburbidge@utah.gov EFFECTIVE: 01/29/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160215/40167.htm No. 40168 (5-year Review): R655-12. Requirements for Operational Dams. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is still required for processing and acceptance by the state engineer. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Marianne Burbidge by phone at 801-538-7370, by FAX at 801-538-7467, or by Internet E-mail at marianneburbidge@utah.gov EFFECTIVE: 01/29/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160215/40168.htm PUBLIC SAFETY DRIVER LICENSE No. 40141 (5-year Review): R708-18. Regulatory and Administrative Fees. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule outlines records that may be purchased from the Division. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Marge Dalton by phone at 801-965-4456, by FAX at 801-957-8502, or by Internet E-mail at modalton@utah.gov EFFECTIVE: 01/19/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160215/40141.htm No. 40142 (5-year Review): R708-19. Automobile No-Fault Self-Insurance. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Section 41-12a-301 defines owner's or operator's security requirements for vehicles operated on highways or quasi-public road or parking areas within the state. Section 41-12a-407 defines self-funded coverage as proof of owner's or operator's security. Rule R708-19 is required to define approved methods of providing self-funded coverage to the department and the requirements that must be met before providing self-funded coverage. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Marge Dalton by phone at 801-965-4456, by FAX at 801-957-8502, or by Internet E-mail at modalton@utah.gov EFFECTIVE: 01/19/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160215/40142.htm No. 40143 (5-year Review): R708-20. Motor Vehicle Accident Prevention Course Standards. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule allows for the Division to offer a standard approval process for all such courses and maintain fairness and consistency with all the sponsors wishing to provide an approved course. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Marge Dalton by phone at 801-965-4456, by FAX at 801-957-8502, or by Internet E-mail at modalton@utah.gov EFFECTIVE: 01/19/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160215/40143.htm No. 40144 (5-year Review): R708-38. Anatomical Gift. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: There is a statutory requirement for the designation of an applicant's wishes regarding organ donation. This rule outlines the process wherein that is accomplished. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Marge Dalton by phone at 801-965-4456, by FAX at 801-957-8502, or by Internet E-mail at modalton@utah.gov EFFECTIVE: 01/19/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160215/40144.htm No. 40145 (5-year Review): R708-42. Driver Address Record. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule outlines guidelines used by the division for the release of driver records in accordance with DPPA. This rule allows the Division to release records with an address to parties that are authorized by statute and this rule. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Marge Dalton by phone at 801-965-4456, by FAX at 801-957-8502, or by Internet E-mail at modalton@utah.gov EFFECTIVE: 01/19/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160215/40145.htm No. 40146 (5-year Review): R708-43. Verification of Personal Identifying Information by Depository Institutions. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The statute still authorizes the disclosure of the information, and the rule appropriately governs that release. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Marge Dalton by phone at 801-965-4456, by FAX at 801-957-8502, or by Internet E-mail at modalton@utah.gov EFFECTIVE: 01/19/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160215/40146.htm No. 40147 (5-year Review): R708-44. Citation Monitoring Service. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The disclosure of the information continues to be authorized by statute and the rule appropriately regulates the release of that information. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Marge Dalton by phone at 801-965-4456, by FAX at 801-957-8502, or by Internet E-mail at modalton@utah.gov EFFECTIVE: 01/19/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160215/40147.htm REGENTS (BOARD OF) UNIVERSITY OF UTAH, ADMINISTRATION No. 40153 (5-year Review): R805-5. Enforcement of No Smoking Areas at University of Utah Hospitals and Clinics. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule supports the enforcement of no smoking zones in and around University of Utah hospitals and clinics by allowing for administrative tickets to be issued to violators. Enforcement of these no smoke zones is imperative near an acute patient hospital that is frequented by hundreds of thousands of visitors per year, many of whom have health issues themselves, where it is highly desirable that walking areas such as sidewalks and parking garages and steps be clear of smoke. The ability to impose sanctions, such as tickets, is imperative to successful enforcement. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Scott Smith by phone at 801-585-7002, by FAX at 801-585-7007, or by Internet E-mail at scott.smith@legal.utah.edu EFFECTIVE: 01/25/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160215/40153.htm 5. NOTICES OF RULE EFFECTIVE DATES State law provides for agencies to make their administrative rules effective and enforceable after publication in the Utah State Bulletin. In the case of Proposed Rules or Changes in Proposed Rules with a designated comment period, the law permits an agency to make a rule effective no fewer than seven calendar days after the close of the public comment period, nor more than 120 days after the publication date. In the case of Changes in Proposed Rules with no designated comment period, the law permits an agency to make a rule effective on any date including or after the thirtieth day after the rule's publication date, but not more than 120 days after the publication date. If an agency fails to file a Notice of Effective Date within 120 days from the publication of a Proposed Rule or a related Change in Proposed Rule the rule lapses. Agencies have notified the Division of Administrative Rules that the rules listed below have been made effective. Notices of Effective Date are governed by Subsection 63G-3-301(12), Section 63G-3-303, and Sections R15-4-5a and R15-4-5b. HEALTH ADMINISTRATION No. 39879 (AMD): R380-60.Local Health Department Emergency Protocols Published: 11/15/2015 Effective: 01/20/2016 CHILD CARE CENTER LICENSING COMMITTEE No. 39902 (AMD): R381-60.Hourly Child Care Centers Published: 11/15/2015 Effective: 01/31/2016 No. 39898 (AMD): R381-70.Out of School Time Child Care Programs Published: 11/15/2015 Effective: 01/31/2016 No. 39896 (AMD): R381-100.Child Care Centers Published: 11/15/2015 Effective: 01/31/2016 FAMILY HEALTH AND PREPAREDNESS, CHILD CARE LICENSING No. 39897 (AMD): R430-50.Residential Certificate Child Care Published: 11/15/2015 Effective: 01/31/2016 No. 39895 (AMD): R430-90.Licensed Family Child Care Published: 11/15/2015 Effective: 01/31/2016 FAMILY HEALTH AND PREPAREDNESS, LICENSING No. 39966 (AMD): R432-270.Assisted Living Facilities Published: 12/15/2015 Effective: 01/28/2016 HUMAN SERVICES CHILD AND FAMILY SERVICES No. 39955 (AMD): R512-305.Out-of-Home Services, Transition to Adult Living Services Published: 12/15/2015 Effective: 01/21/2016 No. 39956 (AMD): R512-309.Out-of-Home Services, Foster Parent Reimbursement of Motor Vehicle Insurance Coverage for Youth in Foster Care Published: 12/15/2015 Effective: 01/21/2016 SCHOOL AND INSTITUTIONAL TRUST LANDS ADMINISTRATION No. 39962 (AMD): R850-1.Definition of Terms Published: 12/15/2015 Effective: 01/21/2016 No. 39961 (AMD): R850-11.Procurement Published: 12/15/2015 Effective: 01/21/2016 No. 39960 (AMD): R850-50.Range Management Published: 12/15/2015 Effective: 01/21/2016 TRANSPORTATION MOTOR CARRIER No. 39953 (AMD): R909-19.Safety Regulations for Tow Truck Operations - Tow Truck Requirements for Equipment, Operation and Certification Published: 12/15/2015 Effective: 01/21/2016 6. RULES INDEX The Rules Index is a cumulative index that reflects all administrative rulemaking actions made effective since January 1. The Rules Index is not included Digest. However, a copy of the current Rules Index is available http://www.rules.utah.gov/research.htm . <> ----------------------------