DAR File No. 27591

Health, Health Care Financing, Coverage and Reimbursement Policy

R414-36-6

Qualified Providers

NOTICE OF PROPOSED RULE

DAR File No.: 27591
Filed: 12/15/2004, 10:05
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rulemaking clarifies that an individual who works for a qualified provider described in the rule and who is working toward licensure in one of the mental health professions is subject to the provisions of Title 58.

Summary of the rule or change:

Language is added in Subsection R414-36-6(b) of this rule which emphasizes that an individual who works for a qualified provider described in the rule and who is working toward licensure in one of the mental health professions is subject to the provisions of Title 58.

State statutory or constitutional authorization for this rule:

Sections 26-1-5 and 26-18-3

Anticipated cost or savings to:

the state budget:

There is no impact to the state budget as a result of this rulemaking because it only clarifies the application of state statute to individuals who work for a qualified provider of services in community mental health centers.

local governments:

There is no budget impact to local governments as a result of this rulemaking because it only clarifies the application of state statute to individuals who work for a qualified provider of services in community mental health centers.

other persons:

There is no budget impact to other persons as a result of this rulemaking because it only clarifies the application of state statute to individuals who work for a qualified provider of services in community mental health centers.

Compliance costs for affected persons:

There are no compliance costs because the amendment to this rule only clarifies the application of state statute to individuals who work for a qualified provider of services in community mental health centers.

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

This rule was amended effective November 2004. Comments received pointed out the need to make it clear that the provisions of Utah Code Title 58 apply to this rule. No fiscal impact is expected. Scott D. Williams, MD, MPH

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

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

01/31/2005

This rule may become effective on:

02/01/2005

Authorized by:

Scott D. Williams, Executive Director

RULE TEXT

R414. Health, Health Care Financing, Coverage and Reimbursement Policy.

R414-36. Services by Community Mental Health Centers.

R414-36-6. Qualified Providers.

[(1) ]Diagnostic and rehabilitative services must be provided by an individual, as limited by the scope of his license, who is:

([a]1) a licensed physician, a licensed psychologist, a licensed clinical social worker, a licensed certified social worker, a licensed social service worker, a licensed advanced practice registered nurse specializing in mental health nursing, a licensed registered nurse, a licensed professional counselor, or a licensed marriage and family counselor; or

([b]2) an individual working toward licensure in one of the professions identified in subsection (a) to the extent permitted by Utah Code Title 58; or

([c]3) a licensed practical nurse or other trained staff working under the supervision of one of the individuals identified in subsections [(1)(a) or (b)](1) or (2).

KEY: Medicaid

[November 3, 2004]2005

26-18-3

ADDITIONAL INFORMATION

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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.