This filing was published in the 05/15/2008, issue, Vol. 2008, No. 10, of the Utah State Bulletin.
Health, Health Care Financing, Coverage and Reimbursement Policy
Medicaid Primary Care Network Demonstration Waiver
NOTICE OF PROPOSED RULE
DAR File No.: 31356
Filed: 05/01/2008, 03:25
Received by: NL
Purpose of the rule or reason for the change:
The purpose of this change is to make Primary Care Network (PCN) eligibility consistent with policies that determine eligibility for Medicaid and the Children's Health Insurance Program (CHIP). The state will now determine PCN eligibility within 30 days rather than 45.
Summary of the rule or change:
This amendment changes the time period for the state to determine PCN eligibility from 45 days to 30 days during the PCN application period. In addition, this change removes a reference to the Bureau of Eligibility Services because this bureau no longer determines eligibility for the department.
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 budget impact because this change does not affect coverage for adults who are determined eligible for the PCN program. The department does not believe this change will increase or decrease the number of individuals determined eligible for the program. The Department of Workforce Services indicates that the shorter deadline will not impose any costs on it because the change simplifies the eligibility determination. The new time frame now matches the time frame for the majority of the other medical programs.
There is no budget impact because local governments do not fund the PCN program and they are not PCN providers.
small businesses and persons other than businesses:
There is no impact to other persons and small businesses because this change does not affect coverage for adults who are determined eligible for the PCN program. Adults applying for PCN may receive notice sooner regarding the determination of their eligibility.
Compliance costs for affected persons:
There is no impact to a single PCN client, provider or small business because this change does not affect coverage for adults who are determined eligible for the PCN program. An adult applying for PCN may receive notice sooner regarding the determination of his eligibility.
Comments by the department head on the fiscal impact the rule may have on businesses:
This rule change should have a positive fiscal impact on business by determining eligibility within 30 days. 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: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:
Craig Devashrayee at the above address, by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at email@example.com
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 may become effective on:
David N. Sundwall, Executive Director
R414. Health, Health Care Financing, Coverage and Reimbursement Policy.
R414-310. Medicaid Primary Care Network Demonstration Waiver.
The following definitions apply throughout this rule:
(1) "Applicant" means an individual who applies for benefits under the Primary Care Network program, but who is not an enrollee.
(2) "Best estimate" means the Department's determination of a household's income for the upcoming certification period based on past and current circumstances and anticipated future changes.
(3) "Co-payment and co-insurance" means a portion of the cost for a medical service for which the enrollee is responsible to pay for services received under the Primary Care Network.
(4) "Deeming" or "deemed" means a process of counting income from a spouse or an alien's sponsor to decide what amount of income after certain allowable deductions, if any, must be considered income to an applicant or enrollee.
(5) "Department" means the Utah Department of Health.
(6) "Enrollee" means an individual who has applied for and been found eligible for the Primary Care Network program and has paid the enrollment fee.
(7) "Enrollment fee" means a payment that an applicant or an enrollee must pay to the Department to enroll in and receive coverage under the Primary Care Network program.
(8) "Employer-sponsored health plan" means health insurance that meets the requirements of R414-320-2 (8) (a) (b) (c) (d) and (e).
(9) "Income averaging" means a process of using a history of past and current income and averaging it over a determined period of time that is representative of future income.
(10) "Income anticipating" means a process of using current facts regarding rate of pay, number of working hours, and expected changes to anticipate future income.
(11) "Income annualizing" means a process of determining the average annual income of a household, based on the past history of income and expected changes.
(12) "Local office" means any [
of Eligibility Services or ]Department of Workforce Services office
location, outreach location, or telephone location where an individual may
apply for medical assistance.
(13) "Open enrollment means a time period during which the Department accepts applications for the Primary Care Network program.
(14) "Primary Care Network" or "PCN" means the program for benefits under the Medicaid Primary Care Network Demonstration Waiver.
(15) "Recertification month" means the last month of the eligibility period for an enrollee.
(16) "Spouse" means any individual who has been married to an applicant or enrollee and has not legally terminated the marriage.
(17) "Verifications" means the proofs needed to decide if an individual meets the eligibility criteria to be enrolled in the program. Verifications may include hard copy documents such as a birth certificate, computer match records such as Social Security benefits match records, and collateral contacts with third parties who have information needed to determine the eligibility of the individual.
(18) "Student health insurance plan" means a health insurance plan that is offered to students directly through a university or other educational facility or through a private health insurance company that offers coverage plans specifically for students.
(19) "Utah's Premium Partnership for Health Insurance" or "UPP" means the program described in R414-320.
R414-310-14. Eligibility Decisions and Recertification.
(1) The Department adopts 42 CFR 435.911 and 435.912, 2004 ed., which are incorporated by reference.
(2) When an individual applies for PCN, the local office shall determine if the individual is eligible for Medicaid. An individual who qualifies for Medicaid without paying a spenddown or a premium cannot enroll in the Primary Care Network program. If the individual appears to qualify for Medicaid, but additional information is required to determine eligibility for Medicaid, the applicant must provide additional information requested by the eligibility worker. Failure to provide the requested information shall result in the application being denied.
(a) If the individual must pay a spenddown or premium to qualify for Medicaid, the individual may choose to enroll in the PCN program if it is an open enrollment period, and the individual meets all the applicable criteria for eligibility. If the PCN program is not in an enrollment period, the individual must wait for an open enrollment period.
(b) At recertification for PCN, the local office shall first review eligibility for Medicaid. If the individual qualifies for Medicaid without a spenddown or premium, the individual cannot be reenrolled in the PCN program. If the individual appears to qualify for Medicaid, the applicant must provide additional information requested by the eligibility worker. Failure to provide the requested information shall result in the application being denied.
(3) To enroll, the individual must meet the eligibility criteria for enrollment in the Primary Care Network program, pay the enrollment fee, and it must be a time when the Department has not stopped enrollment under section R414-310-16.
(4) The local office shall complete a determination of eligibility or ineligibility for each application unless:
(a) the applicant voluntarily withdraws the application and the local office sends a notice to the applicant to confirm the withdrawal;
(b) the applicant died; or
(c) the applicant cannot be located; or
(d) the applicant has not responded to requests for
information within the [
45] day application period or by the
date the eligibility worker asked the information or verifications to be
returned, if that date is later.
(5) The enrollee must recertify eligibility at least every 12 months.
(6) The local office eligibility worker may require the applicant, the applicant's spouse, or the applicant's authorized representative to attend an interview as part of the application and recertification process. Interviews may be conducted in person or over the telephone, at the local office eligibility worker's discretion.
(7) The enrollee must complete the recertification process and provide the required verifications by the end of the recertification month.
(a) If the enrollee completes the recertification, continues to meet all eligibility criteria and pays the enrollment fee, coverage will be continued without interruption.
(b) The case will be closed at the end of the recertification month if the enrollee does not complete the recertification process and provide required verifications by the end of the recertification month.
(c) If an enrollee does not complete the recertification by the end of the recertification month, but completes the process and provides required verifications by the end of the month immediately following the recertification month, coverage will be reinstated as of the first of that month if the individual continues to be eligible and pays the enrollment fee.
(8) The eligibility worker may extend the recertification due date if the enrollee demonstrates that a medical emergency, death of an immediate family member, natural disaster or other similar cause prevented the enrollee from completing the recertification process on time.
KEY: Medicaid, primary care, covered-at-work, demonstration
Date of Enactment or
Last Substantive Amendment: [
Notice of Continuation: June 13, 2007
Authorizing, and Implemented or Interpreted Law: 26-18-1; 26-1-5; 26-18-3
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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 firstname.lastname@example.org
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.
Last modified: 05/14/2008 3:03 PM