DAR File No. 27941

Health, Community and Family Health Services, Children with Special Health Care Needs

R398-10

Autism Spectrum Disorders and Mental Retardation Reporting

NOTICE OF PROPOSED RULE

DAR File No.: 27941
Filed: 05/27/2005, 03:20
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This amendment eliminates age restrictions for reporting of Autism Spectrum Disorders (ASDs) in order to facilitate the collection of prevalence data of ASD and related conditions in the general population over time. Data collection across all ages will facilitate epidemiological studies currently addressing the rising prevalence rates of autism spectrum disorders and possible reasons for the increase.

Summary of the rule or change:

This change eliminates the "birth to 18 years" age restriction on reporting ASD in the current rule.

State statutory or constitutional authorization for this rule:

Subsections 26-1-30(2)(c), 26-1-30(2)(d), 26-1-30(2)(e), 26-1-30(2)(f), and 26-1-30(2)(g); and Sections 26-5-3 and 26-5-4

Anticipated cost or savings to:

the state budget:

No state funds are being used for the activities undertaken by this rule. It is funded from a federal grant. Early identification may result in a cost savings.

local governments:

This amendment does not require local governments to take any action and therefore, there is no impact on local governments.

other persons:

Savings may be incurred to individuals if autism spectrum disorders are recognized and treated early, however it is not possible to quantify the savings. It is anticipated that approximately 10 new cases in individuals over 18 years of age would be identified each year for a cost of $5 per patient for record access for a total increase in costs of $50 per year.

Compliance costs for affected persons:

Treatment facilities will incur minimal costs in reporting cases to the Utah Department of Health. The form requires less than five minutes to complete per patient. It is estimated that a program specializing in ASD will diagnose and therefore report an average of 2 patients per year at a reporting cost of $5 per patient for a total facility cost of $10. Costs incurred by facilities will vary depending on the number of patients identified through the program annually.

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

Eliminating the age restriction on reporting autism disorders should have no fiscal impact on regulated businesses. David N. Sundwall, MD, Executive Director

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:

Judith Zimmerman at the above address, by phone at 801-584-8510, by FAX at 801-584-8579, or by Internet E-mail at jzimmerman@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:

07/15/2005

This rule may become effective on:

07/18/2005

Authorized by:

David N. Sundwall, Executive Director

RULE TEXT

R398. Health, Community and Family Health Services, Children with Special Health Care Needs.

R398-10. Autism Spectrum Disorders and Mental Retardation Reporting.

R398-10-1. Purpose and Authority.

This rule establishes reporting requirements for autism spectrum disorder (ASD) and mental retardation and related test results in individuals[ aged birth to 18 years in Utah]. Sections 26-1-30(2)(c), (d), (e), (f), (g), 26-5-3, and 26-5-4 authorize this rule.

R398-10-3. Reporting by Diagnostic or Treatment Facilities.

Diagnostic or treatment facilities that provide specialized care for ASD and related disorders shall report or cause to report the following to the Department within thirty days of making an ASD diagnosis[ on a child aged birth to 18]:

(1) patient's name;

(2) patient's date of birth;

(3) patient's address;

(4) home phone;

(5) patient's sex;

(6) mother's name;

(7) mother's date of birth;

(8) provider name;

(9) provider degree;

(10) provider specialty;

(11) provider address;

(12) provider phone number;

(13) diagnosis of autistic disorder, atypical autism, pervasive developmental disorder-not otherwise specified, Asperger's syndrome, or special education classification that makes the individual eligible to receive special education services; and

(14) date of diagnosis.

KEY: autism spectrum, mental retardation, reporting

[November 20, 2003]2005

26-1-30(2)(c)

26-1-30(2)(d)

26-1-30(2)(e)

26-1-30(2)(f)

26-1-30(2)(g)

26-5-3

26-5-4

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Judith Zimmerman at the above address, by phone at 801-584-8510, by FAX at 801-584-8579, or by Internet E-mail at jzimmerman@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.