---------------------------- Utah State Digest, Vol. 2018, No. 6 (March 15, 2018) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed February 16, 2018, 12:00 AM through March 1, 2018, 11:59 PM Volume 2018, No. 6 March 15, 2018 Prepared by Office 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 Office 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 https://rules.utah.gov/publications/utah- state-bull/. 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: Office of Administrative Rules, PO Box 141007, Salt Lake City, Utah 84114-1007, telephone 801-538-3003. Additional rulemaking information and electronic versions of all administrative rule publications are available at https://rules.utah.gov/. The Digest is available free of charge online at https://rules.utah.gov/publications/utah-state-dig/ and by e-mail Listserv. ************************************************ Office 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. Office of Administrative Rules. KFU38.U8 348.792'025--DDC 86-658042 *********************************************** SPECIAL NOTICES Notice for April 2018 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: https://rules.utah.gov/publicat/bulletin/2018/20180315/sn159975.htm Publication Error in the March 1, 2018, Bulletin for Filing No. 42594 on Section R414-3A-5 - Administrative Rules by phone at 801-538-3218, or by Internet E-mail at rules@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180315/sn160022.htm 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 February 16, 2018, 12:00 a.m., and March 1, 2018, 11:59 p.m. are summarized in this, the March 15, 2018, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the March 15, 2018, issue of the Utah State Bulletin until at least April 16, 2018 (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 July 13, 2018, the agency may notify the Office 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 Office 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. ADMINISTRATIVE SERVICES ADMINISTRATION No. 42634 (Amendment): R13-3. Americans with Disabilities Act Grievance Procedures. SUMMARY OF THE RULE OR CHANGE: This rule change will update the rule to match federal law/rule by removing an inappropriate line in two places, Subsections R13-3-4(3)(c) and R13-3-6(5)(c). It also updates minor things such as changing GOPM to GOMB. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is one state agency, the Department of Administrative Services (DAS), that will be affected by the changes to this rule. There is an inestimable benefit that will occur as this rule change updates the rule to match federal law/rule and limits exposure to breaking the law. The proposed rule change is not expected to impact state revenues or expenditures as any claim against the state for violation of the ADA is already considered in the State Risk Fund and the DAS (specifically, the Division of Risk Management (Division)) budget. - LOCAL GOVERNMENTS: Local governments will not be affected by the changes to this rule as the changes apply only to DAS. - SMALL BUSINESSES: Small businesses will not be affected by the changes to this rule as the changes apply only to DAS. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: An inestimable benefit will occur for other individuals because of the changes to this rule. If individuals file an ADA grievance with DAS, the individuals can expect DAS to follow federal regulations regarding the handling of the grievance. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--The amendment simply aligns the rule with controlling federal law and imposes no requirement on affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The analysis performed by the Division is in line with the criteria established by GOMB and is sufficient. I agree with the Division’s assessment that there will be no impact on businesses, as the changes only affect DAS. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/16/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Mark Petersen by phone at 801-538-9591, or by Internet E-mail at markpetersen@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 04/23/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180315/42634.htm HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 42631 (Amendment): R414-1-5. Incorporations by Reference. SUMMARY OF THE RULE OR CHANGE: The Department of Health (Department) incorporates by reference the Utah Medicaid State Plan and any approved State Plan Amendments (SPAs) to January 2018. Accordingly, the Department incorporates by reference the following: SPA 14-030-UT Optometry Services, which clarifies coverage and limitations on optometry services; SPA 17-0023- UT Quality Improvement Incentive, which clarifies application procedures for the Quality Improvement Incentive program; and SPA 17-0025-UT Long Term Acute Care, which updates citations to the administrative code in reference to inpatient hospital services, removes the reference to the list maintained in the provider manual for medical and surgical procedures as now there is a look-up tool for providers, and removes intensive level-of-care information because it is not specific to inpatient services. This proposed amendment also incorporates by reference the following Medicaid provider manuals to January 2018: Medical Supplies and Durable Medical Equipment Utah Medicaid Provider Manual, and the manual's attachment for Donor Human Milk Request Form; Hospital Services Utah Medicaid Provider Manual with its attachments; Home Health Agencies Utah Medicaid Provider Manual, and the manual's attachment for the Private Duty Nursing Acuity Grid; Speech-Language Pathology and Audiology Services Utah Medicaid Provider Manual; Hospice Care Utah Medicaid Provider Manual; Long Term Care Services in Nursing Facilities Utah Medicaid Provider Manual, with its attachments; Utah Home and Community- Based Services (HCBS) Waiver for Individuals Age 65 or Older Utah Medicaid Provider Manual; Personal Care Utah Medicaid Provider Manual; Utah Home and Community-Based Waiver Services for Individuals with an Acquired Brain Injury Utah Medicaid Provider Manual; Utah Community Supports Waiver for Individuals with Intellectual Disabilities or Other Related Conditions Utah Medicaid Provider Manual; Utah Home and Community-Based Services Waiver for Individuals with Physical Disabilities Utah Medicaid Provider Manual; Utah Home and Community-Based Waiver Services New Choices Waiver Utah Medicaid Provider Manual; Utah Home and Community-Based Services Waiver for Technology Dependent, Medically Fragile Individuals Utah Medicaid Provider Manual; Utah Home and Community-Based Waiver Services Medicaid Autism Waiver Utah Medicaid Provider Manual; Office of Inspector General (OIG) Administrative Hearings Procedures Manual; Pharmacy Services Utah Medicaid Provider Manual with its attachments; Coverage and Reimbursement Code Look-up Tool; Child Health Evaluation and Care (CHEC) Services Utah Medicaid Provider Manual with its attachments; Dental, Oral Maxillofacial, and Orthodontia Services Utah Medicaid Provider Manual; General Attachments (All Providers) for the Utah Medicaid Provider Manual; Indian Health Utah Medicaid Provider Manual; Medical Transportation Utah Medicaid Provider Manual; Non-Traditional Medicaid Plan Utah Medicaid Provider Manual with attachment; Licensed Nurse Practitioner Utah Medicaid Provider Manual; Physical Therapy and Occupational Therapy Services Utah Medicaid Provider Manual, and the manual's attachment for Physical Therapy and Occupational Therapy Decision Tables; Physician Services Utah Medicaid Provider annual with its attachments; Podiatric Services Utah Medicaid Provider Manual; Primary Care Network Utah Medicaid Provider Manual with its attachments; Rehabilitative Mental Health and Substance Use Disorder Services Utah Medicaid Provider Manual; Rural Health Clinics and Federally Qualified Health Centers Services Utah Medicaid Provider Manual; School-Based Skills Development Services Utah Medicaid Provider Manual; Section I: General Information Utah Medicaid Provider Manual; Targeted Case Management for Individuals with Serious Mental Illness Utah Medicaid Provider Manual; Targeted Case Management for Early Childhood (Ages 0-4) Utah Medicaid Provider Manual; Vision Care Services Utah Medicaid Provider Manual; Medically Complex Children's Waiver Utah Medicaid Provider Manual; Drug Criteria and Limits Policy; and Autism Spectrum Disorder Related Services for EPSDT Eligible Individuals Utah Medicaid Provider Manual. This incorporation of the manuals includes the following changes: The policy for the Telehealth Skilled Nurse Pilot Project for Beneficiaries in Rural Areas is removed from the Home Health Services Provider Manual, and is now found under General Information (Section I) of the Medicaid Provider Manual. Section I also updates criteria for prior authorization requests; The Dental, Oral Maxillofacial, and Orthodontia Services manual clarifies full denture criteria regarding the replacement of permanent teeth with prior authorization. Additional information on coverage and limitations is found in the Coverage and Reimbursement Code Look-up Tool; The Speech-Language Pathology and Audiology Services manual removes language regarding dysphagia. It also updates services and limitations for eligible members and removes the prior authorization requirement for members and pregnant adults who are eligible under the Early and Periodic Screening, Diagnostic, and Treatment (EPSDT) Program. In addition, specific code information is found in the Coverage and Reimbursement Code Look-up Tool; The Physician Services and Podiatric Services manuals are updated to remove language regarding treatment and evaluations of subluxation or flat feet; In regard to Mental Health Evaluations and Psychological Testing for Physical Health Purposes, the Child Health Evaluation and Care (CHEC) manual clarifies that carve-out policy does not apply to EPSDT members and psychiatric consultations in an inpatient hospital. Updates to the carve-out policy are also found in the rehabilitative Mental Health and Substance Use Disorder Services manual, the Physician Services manual, and the Autism Spectrum Disorder Related Services for EPSDT eligible individuals; Targeted Adult Medicaid (TAM) members are now eligible for services as specified in the Rehabilitative Mental Health and Substance Use Disorder (SUD) Services manual. In addition, the manual removes limitations on SUD treatment for Non-Traditional Medicaid members, as does the provider manual for Targeted Case Management for Individuals with Serious Mental Illness. The Rehabilitative Mental Health and SUD Services manual also updates services and provider reimbursement under the Prepaid Mental Health Plan (PMHP), and includes coverage for psychological testing; The Pharmacy Services manual updates prior authorization requirements for quantity limits, new drugs, and provider-administered drugs to treat opioid use disorders; The Drug Criteria and Limits Policy updates the list of select generic medications available for 90-day supply. This document also updates on a quarterly basis, quantity limitations and prior authorization criteria, ICD codes, and the Over-the-Counter (OTC) Drug List. It also contains links to accountable care organizations (ACOs), Medicaid provider manuals, Medicaid Information Bulletins (MIBs), and reimbursement schedules on the Healthcare Common Procedure Coding System (HCPCS); The Autism Spectrum Disorder Related Services for EPSDT Eligible Individuals Utah Medicaid manual updates provider credentials, establishes medical necessity, updates the Table for Procedure Codes for Individual Treatment, updates the billing requirement for mental health evaluations and psychological testing performed for the purpose of diagnosing developmental disorders, updates service delivery specifications, prior authorization requests, and updates the referral period; The Medically Complex Children's Waiver Utah Medicaid manual includes information on rights to a fair hearing, incident reporting protocol, disenrollments, and billing and coding information for providers. It also clarifies dental plan coverage, background check requirements, and application processing. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no budget impact because this change only fulfills the requirement to incorporate the State Plan by reference. Implementation of the State Plan is within legislative budget allotments. Further, this rule's incorporation of ongoing Medicaid policy described in the provider manuals and Look-up Tool, and hearings procedures described in the OIG manual do not create costs or savings to the Department or other state agencies. - LOCAL GOVERNMENTS: There is no budget impact because this change only fulfills the requirement to incorporate the State Plan by reference. Implementation of the State Plan is within legislative budget allotments. Further, this rule's incorporation of ongoing Medicaid policy described in the provider manuals and Look-up Tool, and hearings procedures described in the OIG manual do not create costs or savings to local governments. - SMALL BUSINESSES: There is no budget impact because this change only fulfills the requirement to incorporate the State Plan by reference. Implementation of the State Plan is within legislative budget allotments. Further, this rule's incorporation of ongoing Medicaid policy described in the provider manuals and Look-up Tool, and hearings procedures described in the OIG manual do not create costs or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no budget impact because this change only fulfills the requirement to incorporate the State Plan by reference. Implementation of the State Plan is within legislative budget allotments. Further, this rule's incorporation of ongoing Medicaid policy described in the provider manuals and Look-up Tool, and hearings procedures described in the OIG manual do not create costs or savings to Medicaid members and to Medicaid providers. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs because this change only fulfills the requirement to incorporate the State Plan by reference. Implementation of the State Plan is within legislative budget allotments. Further, this rule's incorporation of ongoing Medicaid policy described in the provider manuals and Look-up Tool, and hearings procedures described in the OIG manual do not create costs or savings to a single Medicaid member or to a Medicaid provider. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this proposed amendment will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/16/2018 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: 04/23/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180315/42631.htm No. 42625 (Amendment): R414-2A-7. Limitations. SUMMARY OF THE RULE OR CHANGE: This amendment specifies that coverage for sleep studies is available only through the three accreditation organizations listed in the text. This revised list allows sleep centers more options for accreditation and improves access to sleep study services for Medicaid members. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because funding and accreditation for sleep studies is within budget allotments set forth by the Legislature. - LOCAL GOVERNMENTS: There is no impact to local governments because they do not fund inpatient hospital services for Medicaid members. - SMALL BUSINESSES: Small businesses will see more revenue through this revised list of accreditation organizations. Nevertheless, there are not sufficient nor cost effective data available to determine what those increases may be. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Medicaid providers and accreditation organizations will see more revenue through this revised list. Nevertheless, there are not sufficient nor cost effective data available to determine what those increases may be. Medicaid members will likewise see an increased, yet undetermined, amount of out-of-pocket savings through improved access to services. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs because this change can only result in increased revenue and out-of-pocket savings. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Businesses will see more revenue through this revised list of accreditation organizations. Nevertheless, there are not sufficient nor cost effective data available to determine what those increases may be. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/16/2018 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: 04/23/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180315/42625.htm No. 42626 (Amendment): R414-60. Medicaid Policy for Pharmacy Program. SUMMARY OF THE RULE OR CHANGE: This amendment allows Medicaid to cover long- acting injectable psychotic medications for up to a 90-day supply per dispensing. This coverage also extends to the treatment of opioid use disorders. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is an annual savings of about $2,200,000 in supplemental rebates that will become available to the Department of Health. - LOCAL GOVERNMENTS: There is no impact to local governments because they do not fund pharmacy services under the Medicaid program. - SMALL BUSINESSES: Improved access to these medications will result in increased revenue to small businesses. Nevertheless, there are not sufficient nor cost effective data available to determine what those increases may be. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Drug companies will pay about $2,200,000 in supplemental rebates to the state. Nevertheless, these companies will see net revenue over time to offset this cost. Improved access to these medications will also result in increased revenue to pharmacies and providers, but there is no data available to know what those increases may be. Medicaid members will likewise see an increased, yet undetermined, amount of out-of-pocket savings through improved access. COMPLIANCE COSTS FOR AFFECTED PERSONS: A single drug company, required to pay supplemental rebates to the state, may see a portion of $2,200,000 in annual cost. Nevertheless, this cost will be offset over time by net revenue. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Drug companies will pay about $2,200,000 in supplemental rebates to the State. Nevertheless, these companies will see net revenue over time to offset this cost. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/16/2018 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: 04/23/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180315/42626.htm No. 42627 (Amendment): R414-302-6. Residents of Institutions. SUMMARY OF THE RULE OR CHANGE: This amendment expands coverage to individuals who reside in an IMD licensed as a Substance Use Disorder (SUD) residential treatment program. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is an annual cost of about $3,000,000 to the General Fund and about $7,000,000 in federal funds to treat individuals who reside in an IMD licensed for SUD treatment purposes. - LOCAL GOVERNMENTS: There is no impact to local governments because they do not fund IMDs under the Medicaid program. - SMALL BUSINESSES: Institutions for SUD treatment may see a portion of annual revenue that totals $10,000,000 based on 241 beds available to treat residents under expanded Medicaid coverage. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Medicaid providers in institutions for SUD treatment may see a portion of annual revenue that totals $10,000,000 based on 241 beds available to treat residents under expanded Medicaid coverage. Residents who qualify for treatment coverage will also see a portion of $10,000,000 in out-of- pocket savings. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs because a single institution for SUD treatment will only see potential revenue and a resident who qualifies for SUD treatment will only see out-of-pocket savings. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Institutions for SUD treatment may see a portion of annual revenue that totals $10,000,000 based on 241 beds available to treat residents under expanded Medicaid coverage. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/16/2018 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: 04/23/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180315/42627.htm No. 42628 (Amendment): R414-308-3. Application and Signature. SUMMARY OF THE RULE OR CHANGE: This amendment expands coverage for a new eligibility group of adults without dependent children. These individuals are required to meet basic Medicaid eligibility criteria, and to meet specific criteria for one of the three following Targeted Adult Medicaid groups: "Chronically Homeless"; "Involved in the Justice System"; or "Needing Substance Use or Mental Health Treatment". ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is an annual cost of about $26,800,000 to the General Fund and about $63,000,000 in federal funds as a result of this amendment. - LOCAL GOVERNMENTS: There is no impact to local governments because they do not fund specific programs for the Medicaid adult population. - SMALL BUSINESSES: Small businesses in the fields of social services, mental health, and addiction recovery may see a portion of annual revenue that totals $100,000,000 based on member eligibility and participation in the "Needing Substance Use or Mental Health Treatment" group. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The Utah Hospital Association will incur an annual cost of about $10,200,000 to share in the implementation of these new programs. On the other hand, Medicaid providers in the fields of social services, mental health, and addiction recovery may see a portion of annual revenue that totals $100,000,000 based on member eligibility and participation in the "Needing Substance Use or Mental Health Treatment" group. As more individuals become eligible for the "Chronically Homeless" coverage group, homeless shelters will see a decrease in operating costs. Likewise, the public will see a decrease in taxes needed to support jails, prison, and the court system as more individuals become eligible for the "Involved in the Justice System" coverage group. All of the aforementioned groups will see a portion of $100,000,000 in out-of-pocket savings as they are able to access these new services. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs because an individual business or provider will only see potential revenue and an individual who qualifies for one of the coverage groups will only see out-of- pocket savings. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Businesses in the fields of social services, mental health, and addiction recovery will see a portion of annual revenue that totals $100,000,000 based on member eligibility and participation in the "Needing Substance Use or Mental Health Treatment" group. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/16/2018 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: 04/23/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180315/42628.htm No. 42629 (New Rule): R414-311. Targeted Adult Medicaid. SUMMARY OF THE RULE OR CHANGE: This new rule expands coverage for a new eligibility group of adults without dependent children. These individuals are required to meet basic Medicaid eligibility criteria, and to meet specific criteria for one of the three following Targeted Adult Medicaid groups: "Chronically Homeless"; "Involved in the Justice System"; or "Needing Substance Use or Mental Health Treatment". ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is an annual cost of about $26,800,000 to the General Fund and about $63,000,000 in federal funds as a result of this rule. - LOCAL GOVERNMENTS: There is no impact to local governments because they do not fund specific programs for the Medicaid adult population. - SMALL BUSINESSES: Small businesses in the fields of social services, mental health, and addiction recovery may see a portion of annual revenue that totals $100,000,000 based on member eligibility and participation in the "Needing Substance Use or Mental Health Treatment" group. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The Utah Hospital Association will incur an annual cost of about $10,200,000 to share in the implementation of these new programs. On the other hand, Medicaid providers in the fields of social services, mental health, and addiction recovery may see a portion of annual revenue that totals $100,000,000 based on member eligibility and participation in the "Needing Substance Use or Mental Health Treatment" group. As more individuals become eligible for the "Chronically Homeless" coverage group, homeless shelters will see a decrease in operating costs. Likewise, the public will see a decrease in taxes needed to support jails, prison, and the court system as more individuals become eligible for the "Involved in the Justice System" coverage group. All of the aforementioned groups will see a portion of $100,000,000 in out-of-pocket savings as they are able to access these new services. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs because an individual business or provider will only see potential revenue, and an individual who qualifies for one of the coverage groups will only see out-of- pocket savings. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Businesses in the fields of social services, mental health, and addiction recovery will see a portion of annual revenue that totals $100,000,000 based on member eligibility and participation in the "Needing Substance Use or Mental Health Treatment" group. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/16/2018 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: 04/23/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180315/42629.htm HUMAN SERVICES ADMINISTRATION No. 42630 (Amendment): R495-885. Employee Background Screenings. SUMMARY OF THE RULE OR CHANGE: This change is made in regard to the EDO's need to mandate Executive Director involvement (instead of allowing it to be voluntary) on the determination of the disposition on existing employees' background screening results. It also removes the Office of Public Guardian from mandated committee attendance, and reduces quorum members from five voting members to four voting members. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This amendment will not affect DHS's ongoing costs or revenues. - LOCAL GOVERNMENTS: Local governments are not affected by this rule change. Therefore, this rule has no impact on local governments. - SMALL BUSINESSES: This rule only impacts DHS. Therefore, small businesses are not affected by this rule change. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Other persons are not affected by this change because this rule only impacts DHS. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no compliance cost for affected persons as compliance is only within DHS. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/16/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jonah Shaw by phone at 801-538-4225, by FAX at 801-538-3942, or by Internet E-mail at jshaw@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 04/23/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180315/42630.htm PUBLIC SERVICE COMMISSION ADMINISTRATION No. 42632 (Amendment): R746-8-403. Lifeline Support. SUMMARY OF THE RULE OR CHANGE: Subsection R746-8-403(2)(a)(i) is added to clarify landlines would be eligible to receive Lifeline subsidies. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This minor amendment to a recently enacted rule should have no impact on the state budget. This amendment merely confirms the existing, established regulatory practice of allowing landline based service providers to receive subsidies under state Lifeline programs. Landline carriers have long been eligible for the subsidy. When this rule became effective, the text created ambiguity as to whether Landline carries would continue to be eligible. This amendment clarifies the ambiguity. - LOCAL GOVERNMENTS: This minor amendment to a recently enacted rule should have no impact on local governments. This amendment merely confirms the existing, established regulatory practice of allowing landline based service providers to receive subsidies under state Lifeline programs. Landline carriers have long been eligible for the subsidy. When this rule became effective, the text created ambiguity as to whether Landline carries would continue to be eligible. This amendment clarifies the ambiguity. - SMALL BUSINESSES: This minor amendment to a recently enacted rule should have no impact on small business. This amendment merely confirms the existing, established regulatory practice of allowing landline based service providers to receive subsidies under state Lifeline programs. Landline carriers have long been eligible for the subsidy. When this rule became effective, the text created ambiguity as to whether Landline carries would continue to be eligible. This amendment clarifies the ambiguity. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This minor amendment to a recently enacted rule should have no impact on business. This amendment merely confirms the existing, established regulatory practice of allowing landline based service providers to receive subsidies under state Lifeline programs. Landline carriers have long been eligible for the subsidy. When this rule became effective, the text created ambiguity as to whether Landline carries would continue to be eligible. This amendment clarifies the ambiguity. COMPLIANCE COSTS FOR AFFECTED PERSONS: This minor amendment to a recently enacted rule should have no impact on affected persons. This amendment merely confirms the existing, established regulatory practice of allowing landline based service providers to receive subsidies under state Lifeline programs. Landline carriers have long been eligible for the subsidy. When this rule became effective, the text created ambiguity as to whether Landline carries would continue to be eligible. This amendment clarifies the ambiguity. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This minor amendment to a recently enacted rule should have no impact on business. This amendment merely confirms the existing, established regulatory practice of allowing landline based service providers to receive subsidies under state Lifeline programs. Landline carriers have long been eligible for the subsidy. When this rule became effective, the text created ambiguity as to whether Landline carries would continue to be eligible. This amendment clarifies the ambiguity. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/16/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Michael Hammer by phone at 801-530-6729, or by Internet E-mail at michaelhammer@utah.gov - Sheri Bintz by phone at 801-530-6714, by FAX at 801-530-6796, or by Internet E-mail at sbintz@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 04/23/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180315/42632.htm TRANSPORTATION OPERATIONS, CONSTRUCTION No. 42616 (Amendment): R916-4. Construction Manager/General Contractor Contracts. SUMMARY OF THE RULE OR CHANGE: This amendment adds text to the existing rule that describes the conditions under which it is appropriate for the Department to employ Progressive CM/GC contracting. The additional text describes Progressive CM/GC contracting and the procedures the Department must follow when soliciting for vendors interested in entering into a Progressive CM/GC contract relationship. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Department's goal in amending Rule R916-4 is to enable it to utilize a new and innovative contracting method that is known in the industry to reduce design and construction costs. State Departments of Transportation and public utilities in other parts of the U.S., particularly water utilities have been using Progressive CM/GC contracting for several years. They use Progressive CM/GC contracting because it reduces the time needed to design and construct large infrastructure projects, which saves money. Design and construction contractors do not face the same degree of risk with Progressive CM/GC contracting, which allows them to reduce their fees. The Department's motivation for making this amendment is to allow it to employ a contracting method that will result in savings for the state budget. However, such savings are speculative now, and cannot be quantified. - LOCAL GOVERNMENTS: This amendment to Rule R916-4 will not affect local governments in any way. It does not require anything of local governments nor provide them with any direct benefits. This amendment only applies to and will only affect the Department. - SMALL BUSINESSES: This amendment to Rule R916-4 will not have a direct affect on small businesses. It does not require anything of small business nor provide them with any direct benefits. This amendment only applies to and will only affect the Department. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This amendment to Rule R916-4 will not affect persons other than small businesses, businesses, or local government entities in any way. It does not require anything of them nor provide them with any direct benefits. This amendment only applies to and will only affect the Department. COMPLIANCE COSTS FOR AFFECTED PERSONS: No person, legal or natural, will be affected directly by this amendment. There are no compliance costs included in or arising from this amendment. This amendment only applies to the Department and will only affect how the Department contracts for transportation infrastructure projects. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This amendment to Rule R916-4 will have no direct fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/16/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at cwnewman@utah.gov - James Palmer by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov - Linda Hull by phone at 801-965-4253, or by Internet E-mail at lhull@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 04/23/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180315/42616.htm NOTICES OF CHANGES IN PROPOSED RULES After an agency has published a Proposed Rule in the Utah State Bulletin, it may receive comment that requires the Proposed Rule to be altered before it goes into effect. A Change in Proposed Rule allows an agency to respond to comments it receives. While the law does not designate a comment period for a Change in Proposed Rule, it does provide for a 30-day waiting period. An agency may accept additional comments during this period and, at its option, may designate a comment period or may hold a public hearing. The 30-day waiting period for Changes in Proposed Rules published in Utah State Bulletin ends April 16, 2018. From the end of the 30-day waiting period through July 13, 2018, an agency may notify the Office of Administrative Rules that it wants to make the Change in Proposed Rule effective. When an agency submits a Notice of Effective Date for a Change in Proposed Rule, the Proposed Rule as amended by the Change in Proposed Rule becomes the effective rule. The agency sets the effective date. The date may be no fewer than 30 days nor more than 120 days after the publication of the Change in Proposed Rule. If the agency designates a public comment period, the effective 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. Alternatively, the agency may file another Change in Proposed Rule in response to additional comments received. If the Office of Administrative Rules does not receive a Notice of Effective Date or another Change in Proposed Rule by the end of the 120-day period after publication, the Change in Proposed Rule filings, along with its associated Proposed Rule, lapses. Changes in Proposed Rules are governed by Section 63G-3-303, Rule R15-2, and Sections R15-4-3, R15-4-4, R15-4-5b, R15-4-7, R15-4-9, and R15-4-10. HUMAN SERVICES ADMINISTRATION, ADMINISTRATIVE SERVICES, LICENSING No. 42317 (Change in Proposed Rule): R501-7. Child Placing Adoption Agencies. SUMMARY OF THE RULE OR CHANGE: These changes and clarifications to the proposed rule content are based on the adoption community and stakeholder feedback. (EDITOR'S NOTE: The original repeal and reenactment upon which this change in proposed rule (CPR) was based was published in the December 1, 2017, issue of the Utah State Bulletin, on page 50. Underlining in the rule below indicates text that has been added since the publication of the repeal and reenactment mentioned above; strike-out indicates text that has been deleted. You must view the CPR and the repeal and reenactment together to understand all of the changes that will be enforceable should the agency make this rule effective.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no changes to what was in the original repeal and reenactment. - LOCAL GOVERNMENTS: There are no changes to what was in the original repeal and reenactment. - SMALL BUSINESSES: There are no changes to what was in the original repeal and reenactment. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no changes to what was in the original repeal and reenactment. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no changes to what was in the original repeal and reenactment. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There will be minimal fiscal impact to implement this rule, however in the long run, it could reflect a fiscal benefit to all affected parties due to more transparent and ethical processes and fewer contested adoptions. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/16/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Janice Weinman by phone at 385-321-5586, by FAX at 801-538-4553, or by Internet E-mail at jweinman@utah.gov - Jonah Shaw by phone at 801-538-4225, by FAX at 801-538-3942, or by Internet E-mail at jshaw@utah.gov - Samantha Hanson by phone at 801-538-4041, or by Internet E-mail at samanthahanson@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 04/23/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180315/42317.htm INSURANCE ADMINISTRATION No. 42214 (Change in Proposed Rule): R590-276. Record Retention for Foreign, Alien, Commercially Domiciled, Foreign Title and Foreign Fraternals. SUMMARY OF THE RULE OR CHANGE: This change separates foreign title transactions and escrow transactions involving real property. It retains the 15-year retention requirement for foreign title transactions and clarifies that escrow transactions involving real property have a 3-year retention requirement. These retention periods are consistent with existing Insurance Department policy that is set forth in Subsections 31A-20-110(1) and 31A-23a- 412(5), and clarified by Bulletin 2014-6. This rule change also adds a citation to the authority section, streamlines language to make it clearer and more accurate, and makes grammatical changes. (EDITOR'S NOTE: The original proposed new rule upon which this change in proposed rule (CPR) was based was published in the November 1, 2017, issue of the Utah State Bulletin, on page 165. Underlining in the rule below indicates text that has been added since the publication of the proposed new rule mentioned above; strike-out indicates text that has been deleted. You must view the CPR and the proposed new rule together to understand all of the changes that will be enforceable should the agency make this rule effective.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget. This rule change merely codifies and clarifies existing practices for licensees in the title and escrow industry. It requires no change in work by the Insurance Department. - LOCAL GOVERNMENTS: There is no cost or savings to local governments. This rule change deals with the file retention requirements for title and escrow professionals and has no bearing on local governments. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses. Title and escrow licensees already retain records for 15 and 3 years respectively, so there is no change in how they will be required to do business. This change merely codifies and clarifies existing practices. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to any other persons. Title and escrow licensees already retain records for 15 and 3 years respectively, so there is no change in how they will be required to do business. This change merely codifies and clarifies existing practices. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. Title and escrow licensees already retain records for the length of time described in this rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This change in proposed rule is not expected to have any fiscal impacts on large business' revenues or expenditures because title and escrow licensees already retain records for 15 and 3 years respectively, so there is no change in how they will be required to do business. This change merely codifies and clarifies existing practices. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/16/2018 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: 04/23/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180315/42214.htm 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 https://rules.utah.gov/publications/utah-adm- code/. The rule text may also be inspected at the agency or the Office of Administrative Rules. Reviews are effective upon filing. Reviews are governed by Section 63G-3-305. EDUCATION ADMINISTRATION No. 42618 (5-year Review): R277-518. Career and Technical Education Licenses. 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 continues to be necessary because it specifies standards for a Career and Technical Education (CTE) license area and endorsements. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov EFFECTIVE: 02/26/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180315/42618.htm No. 42621 (5-year Review): R277-610. Released-Time Classes and Public Schools. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R277-610 continues to be necessary because it specifies standards and procedures for public schools regarding released-time classes. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov EFFECTIVE: 02/26/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180315/42621.htm No. 42619 (5-year Review): R277-709. Education Programs Serving Youth in Custody. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R277-709 continues to be necessary because it specifies operation standards, procedures, and distribution of funds for youth in custody programs. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov EFFECTIVE: 02/26/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180315/42619.htm No. 42620 (5-year Review): R277-719. Standards for Selling Foods Outside of the Reimbursable Meal in Schools. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R277-719 continues to be necessary because it outlines requirements for Local Education Agency (LEA) policies regarding foods sold outside of the reimbursable meal service. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov EFFECTIVE: 02/26/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180315/42620.htm LABOR COMMISSION ADMINISTRATION No. 42622 (5-year Review): R600-1. Declaratory Orders. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: As required by Subsection 63G-4-503(2), this rule provides the procedures for submission, review, and disposition of petitions for agency declaratory orders on the applicability of statutes, rules, and orders governing or issued by the Commission. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Christopher Hill by phone at 801-530-6113, by FAX at 801-530-6390, or by Internet E-mail at chill@utah.gov EFFECTIVE: 02/26/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180315/42622.htm NATURAL RESOURCES WILDLIFE RESOURCES No. 42624 (5-year Review): R657-3. Collection, Importation, Transportation, and Possession of Animals. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R657-3 governs the collection, importation, exportation, transportation, and possession of animals and their parts. The procedures adopted in this rule have provided an effective and efficient process. Continuation of this rule is necessary for continued success of this program. DIRECT QUESTIONS REGARDING THIS RULE TO: - Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at stacicoons@utah.gov EFFECTIVE: 02/27/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180315/42624.htm REGENTS (BOARD OF) UNIVERSITY OF UTAH, ADMINISTRATION No. 42617 (5-year Review): R805-1. Operating Regulations for Bicycles, Skateboards, Rollerskates and Scooters (Non-Motorized Riding Devices). REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The University of Utah's ability to ensure the safety of all persons on campus has been facilitated by Rule R805-1. Rule R805-1 regulates the operation of bicycles, skateboards and scooters on campus and provides clear standards on the proper operation of these means of transportation. Rule R805-1 further gives the University of Utah the ability to sanction students, staff, faculty and visitors who are in violation of this rule. The University of Utah has approximately 30,000 students and 17,000 employees who live/work/study together in a small geographic area. The use of bicycles, skateboards, and scooters on and around campus is very common and Rule R805-1 gives the University of Utah meaningful tools for the regulation of this type of traffic which enhances the safety of the University community. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Robert Payne by phone at 801-585-7002, by FAX at 801-585-7007, or by Internet E-mail at robert.payne@legal.utah.edu EFFECTIVE: 02/22/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180315/42617.htm 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 Office 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. AGRICULTURE AND FOOD REGULATORY SERVICES No. 42422 (R&R): R70-940.Standards and Testing of Motor Fuel Published: 01/15/2018 Effective: 02/22/2018 EDUCATION ADMINISTRATION No. 42394 (AMD): R277-705.Secondary School Completion and Diplomas Published: 01/01/2018 Effective: 02/28/2018 HUMAN SERVICES ADMINISTRATION No. 42417 (AMD): R495-885.Employee Background Screenings Published: 01/15/2018 Effective: 02/23/2018 ADMINISTRATION, ADMINISTRATIVE SERVICES, LICENSING No. 42216 (AMD): R501-1.General Provisions for Licensing Published: 11/01/2017 Effective: 02/23/2018 No. 42217 (AMD): R501-12.Foster Care Services Published: 11/01/2017 Effective: 02/23/2018 No. 42233 (AMD): R501-14.Human Service Program Background Screening Published: 11/01/2017 Effective: 02/23/2018 NATURAL RESOURCES PARKS AND RECREATION No. 42431 (AMD): R651-406.Off-Highway Vehicle Registration Fees Published: 01/15/2018 Effective: 02/21/2018 PUBLIC SERVICE COMMISSION ADMINISTRATION No. 42424 (NEW): R746-8.Utah Universal Public Telecommunications Service Support Fund (UUSF) Published: 01/15/2018 Effective: 02/21/2018 No. 42423 (REP): R746-341.Lifeline Rule Published: 01/15/2018 Effective: 02/21/2018 No. 42425 (REP): R746-343.Rule for Deaf, Severely Hearing or Speech Impaired Person Published: 01/15/2018 Effective: 02/21/2018 No. 42426 (REP): R746-360.Universal Public Telecommunications Service Support Fund Published: 01/15/2018 Effective: 02/21/2018 WORKFORCE SERVICES ADMINISTRATION No. 42421 (NEW): R982-800.Utah Data Research Center Published: 01/15/2018 Effective: 03/01/2018 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 https://rules.utah.gov/researching/ . <> ----------------------------