DAR File No. 27371

Health, Health Care Financing, Coverage and Reimbursement Policy

R414-502

Nursing Facility Levels of Care

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 27371
Filed: 08/27/2004, 11:22
Received by: NL

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Section 26-1-5 grants the Utah Department of Health the power to adopt, amend, or rescind rules. In addition, this rule is authorized under Section 26-18-3, which requires the Department to administer the Medicaid program. Furthermore, the criteria for nursing facility care is authorized under 42 CFR 456.370 and 42 CFR 409.31 through 409.35.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No written or oral comments have been received regarding this rule.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule should be continued because it defines the criteria needed to determine the level of care provided in certified nursing facilities in the state of Utah. These facilities include Nursing Facility III, Nursing Facility II, Nursing Facility I, Intensive Skilled Care, and Intermediate Care Facilities for the Mentally Retarded (ICF/MR).

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

Direct questions regarding this rule to:

Craig Devashrayee at the above address, by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov

Authorized by:

Scott D. Williams, Executive Director

ADDITIONAL INFORMATION

PLEASE NOTE:

• Please see the DISCLAIMER regarding information available from state web pages.

For questions regarding the content or application of this rule, please contact Craig Devashrayee at the above address, by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.