DAR File No. 30473

Health, Health Care Financing, Coverage and Reimbursement Policy

R414-15

Residents Personal Needs Fund

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 30473
Filed: 09/20/2007, 07:40
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 26-18-3 requires the department to enact administrative rules to implement Medicaid programs. Section 26-1-5 authorizes the department to adopt, amend, or rescind rules as necessary to carry out the provisions of this title. 42 CFR 442 and 447 authorize the department to implement standards for administration of long-term care and nursing facilities. 42 CFR 483.10(c)(3)(i) requires facilities to keep a resident's funds, over $50, separate from the facility and in an interest bearing account.

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 were 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 is necessary because it establishes requirements for long-term care facilities to manage and safeguard a resident's personal funds. Therefore, this rule should be continued.

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

Health
Health Care Financing, Coverage and Reimbursement Policy
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY UT 84116-3231

Direct questions regarding this rule to:

Melissa Frost at the above address, by phone at 801-538-6381, by FAX at 801-538-6099, or by Internet E-mail at mlfrost@utah.gov

Authorized by:

David N. Sundwall, Executive Director