DAR File No. 30543

Health, Health Systems Improvement, Licensing

R432-104

Specialty Hospital - Long Term Acute Care

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 30543
Filed: 10/04/2007, 04:05
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 26-21-5 authorizes the Utah Department of Health to promulgate rules for the construction and operation of Long Term Acute Care Hospitals.

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

In 2002, the Department of Health received comments from providers that amendments were needed to update the rule to meet current federal Medicare definitions of Long Term Care Hospital services in 42 CFR 412.23, and to change the name of such hospitals from chronic disease hospitals to long term acute care hospitals. The Health Facility Committee appointed a subcommittee to study the issue, and it recommended certain amendments to implement the comments and to be similar to the newer federal regulations. The department amended the rule effective 12/10/2002. Since that time, no further written comments have been received. On 05/23/2007, the Health Facility Committee authorized the continuation of the rule in its current form.

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 authorized by Title 26, Chapter 21, of the Health Facility Licensure and Inspection Act. There are currently three long term care acute hospitals in the state and without this rule, these hospitals would not be regulated or licensed. The department agrees with the need to continue the rule.

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

Health
Health Systems Improvement, Licensing
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY UT 84116-3231

Direct questions regarding this rule to:

Allan Elkins at the above address, by phone at 801-538-6595, by FAX at 801-538-6163, or by Internet E-mail at aelkins@utah.gov

Authorized by:

David N. Sundwall, Executive Director