DAR File No. 30981

Health, Health Care Financing

R410-14-17

Agency Review

NOTICE OF 120-DAY (EMERGENCY) RULE

DAR File No.: 30981
Filed: 02/13/2008, 12:30
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This change is necessary to comply with "superior agency" provisions found under the Utah Administrative Procedures Act (UAPA).

Summary of the rule or change:

This amendment adds a provision to the rule that explains the procedure for review of Department of Workforce Services (DWS) final agency orders.

State statutory or constitutional authorization for this rule:

Sections 63-46b-12 and 13

Anticipated cost or savings to:

the state budget:

There is no budget impact because this change only complies with agency review provisions found under UAPA. It does not affect costs for Medicaid services or payments to Medicaid providers.

local governments:

There is no budget impact because local governments do not conduct administrative review procedures for Medicaid clients.

small businesses and persons other than businesses:

There is no impact to other persons and small businesses because this change only complies with agency review provisions found under UAPA. It does not affect costs for Medicaid services or payments to Medicaid providers.

Compliance costs for affected persons:

There are no compliance costs because this change only complies with agency review provisions found under UAPA. It does not affect costs for Medicaid services or payments to Medicaid providers.

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

This emergency rule will not have a fiscal impact on businesses. The change assures that regulated entities will have full appeal rights consistent with state law. David N. Sundwall, MD, Executive Director

Emergency rule reason and justification:

Regular rulemaking procedures would place the agency in violation of federal or state law.

The department must add "superior agency" provisions to this rule to comply with state requirements found under UAPA.

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
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY UT 84116-3231

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:

This rule is effective on:

02/15/2008

Authorized by:

David N. Sundwall, Executive Director

R410. Health, Health Care Financing.

R410-14. Administrative Hearing Procedures.

R410-14-17. Agency Review.

An aggrieved person may move for reconsideration of DHCF's final administrative action, in accordance with Section 63-46b-12 and 13. A person may seek review of a DWS final agency order concerning eligibility for medical assistance by filing a written request for review with DHCF in accordance with Section 63-46b-12.

 

KEY: [m]Medicaid

Date of Enactment or Last Substantive Amendment: February 15, 2008

Notice of Continuation: October 29, 2007

Authorizing, and Implemented or Interpreted Law: 26-1-24; 26-1-5; 26-18-2.3; 63-46b-1