This filing was published in the 12/15/2008, issue, Vol. 2008, No. 24, of the Utah State Bulletin.
Health, Health Care Financing, Coverage and Reimbursement Policy
Medicaid Health Insurance Flexibility and Accountability Demonstration Waiver
NOTICE OF PROPOSED RULE
DAR File No.: 32187
Filed: 12/01/2008, 04:46
Received by: NL
Purpose of the rule or reason for the change:
The purpose of this change is to modify criteria and deadlines for the Department to receive applications and verifications for Utah's Premium Partnership for Health Insurance (UPP), in accordance with the "Working 4 Utah" initiative set forth by the governor. (DAR NOTE: There is a corresponding 120-day (emergency) rule published in the October 15, 2008, issue of the Bulletin under DAR No. 31979 that is effective as of 10/01/2008.)
Summary of the rule or change:
This amendment clarifies when the state must receive UPP applications and verifications in accordance with longer office hours and the new four-day work schedule. It also allows the Department to exclude income that the U.S. Census Bureau pays to temporary census takers and updates the deductible amount for an "employer-sponsored health plan".
State statutory or constitutional authorization for this rule:
Sections 26-1-5 and 26-18-3
Anticipated cost or savings to:
the state budget:
The Department does not expect costs or savings to result from the new four-day work schedule. Further, the income that the U.S. Census Bureau pays to temporary census takers is exempt and does not affect UPP eligibility. Nevertheless, by increasing the maximum deductible, more employees will qualify to receive assistance when they participate in their employer's health plan. Although the Department has no exact figures on how many individuals may take advantage of this change, it estimates that approximately 50 individuals may gain coverage through this change. If UPP enrollment increases by 50, state costs will increase by $150 per month per person ($90,000) and state revenues will increase by $63,000 based on a federal match. The estimated aggregate net cost of the change would be $27,000 in state funds. No additional appropriations are necessary because the Department was originally appropriated state funds for 1,000 adults on UPP. There are currently 200 adults on UPP.
This change does not impact local governments because they do not determine UPP eligibility nor receive monies from UPP recipients.
small businesses and persons other than businesses:
The change only impacts groups who offer an employer-sponsored health plan with a deductible of more than $1,000 but less than $2,500. Employees of these groups may now qualify for UPP. If individual coverage costs $4,000 per year and employers pay 75% of the cost of the premium, then employers will pay an additional $3,000 per year for each new enrollee on UPP. These costs will be partially offset by an undetermined amount of employer savings due to decreased turnover because health benefits are a strong retention tool. Health insurance underwriters will enroll more individuals in employer-sponsored health plans and will receive an undetermined amount of additional commissions for these efforts. Individuals who are approved for UPP will receive up to $150 per month to assist them in paying the premiums for their employer's health plan. They will also receive the benefits of their employer's health plan (estimated value of $3,000 per year).
Compliance costs for affected persons:
An individual employee must pay a deductible of no more than $2,500 in an employer-sponsored health plan to receive UPP coverage. The employer pays the remaining difference.
Comments by the department head on the fiscal impact the rule may have on businesses:
This rule is necessary to conform to the "Working 4 Utah" initiative and should not have a negative fiscal impact. 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.
R414-320. Medicaid Health Insurance Flexibility and Accountability Demonstration Waiver.
The following definitions apply throughout this rule:
(1) "Adult" means an individual who is at least 19 and not yet 65 years of age.
(2) "Applicant" means an individual who applies for benefits under the UPP program, but who is not an enrollee.
(3) "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.
(4) "Child" means an individual who is younger than 19 years of age.
(5) "Children's Health Insurance Program" or "CHIP" provides medical services for children under age 19 who do not otherwise qualify for Medicaid.
(6) "Department" means the Utah Department of Health.
(7) "Enrollee" means an individual who applies for and is found eligible for the UPP program.
(8) "Employer-sponsored health plan" means a health insurance plan offered through an employer where:
(a) the employer contributes at least 50 percent of the cost of the health insurance premium of the employee;
(b) coverage includes at least physician visits, hospital inpatient services, pharmacy, well child visits, and children's immunizations;
(c) lifetime maximum benefits are at least $1,000,000;
deductible is no more than $[
1,000] per individual; and
(e) the plan pays at least 70% of an inpatient stay after the deductible.
(9) "Utah's Premium Partnership for Health Insurance" (UPP) program provides cash reimbursement for all or part of the insurance premium paid by an employee for health insurance coverage through an employer-sponsored health insurance plan that covers either the eligible employee, the eligible spouse of the employee, dependent children, or the family.
(10) "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.
(11) "Income anticipating" means a process of using current facts regarding rate of pay, number of working hours, and expected changes to anticipate future income.
(12) "Income annualizing" means a process of determining the average annual income of a household, based on the past history of income and expected changes.
(13) "Local office" means any Department of Workforce Services office location, outreach location, or telephone location where an individual may apply for medical assistance.
(14) "Open enrollment means a time period during which the Department accepts applications for the UPP program.
(15) "Public Institution" means an institution that is the responsibility of a governmental unit or that is under the administrative control of a governmental unit.
(16) "Primary Care Network" or "PCN" program provides primary care medical services to uninsured adults who do not otherwise qualify for Medicaid.
(17) "Recertification month" means the last month of the eligibility period for an enrollee.
(18) "Spouse" means any individual who has been married to an applicant or enrollee and has not legally terminated the marriage.
(19) "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.
R414-320-10. Income Provisions.
(1) For an adult to be eligible to enroll, gross countable household income must be equal to or less than 150% of the federal non-farm poverty guideline for a household of the same size.
(2) For children to be eligible to enroll, gross countable household income must be equal to or less than 200% of the federal non-farm poverty guideline for a household of the same size.
(3) All gross income, earned and unearned, received by the individual and the individual's spouse is counted toward household income, unless this section specifically describes a different treatment of the income.
(4) Any income in a trust that is available to, or is received by a household member, is countable income.
(5) Payments received from the Family Employment Program, Working Toward Employment program, refugee cash assistance or adoption support services as authorized under Title 35A, Chapter 3 are countable income.
(6) Rental income is countable income. The following expenses can be deducted:
(a) Taxes and attorney fees needed to make the income available;
(b) Upkeep and repair costs necessary to maintain the current value of the property;
(c) Utility costs only if they are paid by the owner; and
(d) Interest only on a loan or mortgage secured by the rental property.
(7) Cash contributions made by non-household members are counted as income unless the parties have a signed written agreement for repayment of the funds.
(8) The interest earned from payments made under a sales contract or a loan agreement is countable income to the extent that these payments will continue to be received during the certification period.
(9) Needs-based Veteran's pensions are counted as income. Only the portion of a Veteran's Administration check to which the individual is legally entitled is countable income.
(10) Child support payments received for a dependent child living in the home are counted as that child's income.
(11) In-kind income, which is goods or services provided to the individual from a non-household member and which is not in the form of cash, for which the individual performed a service or which is provided as part of the individual's wages is counted as income. In-kind income for which the individual did not perform a service, or did not work to receive, is not counted as income.
(12) Supplemental Security Income and State Supplemental payments are countable income.
(13) Income that is defined in 20 CFR 416 Subpart K, Appendix, 2004 edition, which is incorporated by reference, is not countable.
(14) Payments that are prohibited under other federal laws from being counted as income to determine eligibility for federally-funded medical assistance programs are not countable.
(15) Death benefits are not countable income to the extent that the funds are spent on the deceased person's burial or last illness.
(16) A bona fide loan that an individual must repay and that the individual has contracted in good faith without fraud or deceit, and genuinely endorsed in writing for repayment is not countable income.
(17) Child Care Assistance under Title XX is not countable income.
(18) Reimbursements of Medicare premiums received by an individual from Social Security Administration or the Department are not countable income.
(19) Earned and unearned income of a child is not countable income if the child is not the head of a household.
(20) Educational income, such as educational loans, grants, scholarships, and work-study programs are not countable income. The individual must verify enrollment in an educational program.
(21) Reimbursements for employee work expenses incurred by an individual are not countable income.
(22) The value of food stamp assistance is not countable income.
R414-320-15. Effective Date of Enrollment and Enrollment Period.
effective date of enrollment is the day that a completed and signed application
or an on-line application ]is received [ by the] local
office [ and the applicant
meets all eligibility criteria. The
effective date for applications submitted by fax and online is the date of the
electronic transmission. The Department
shall not provide any benefits before the effective enrollment date.]
2]) The effective date of enrollment cannot be
before the month in which the applicant pays a premium for the
employer-sponsored health insurance and is determined as follows:
(a) The effective date of enrollment is the date an application is received and the person is found eligible, if the applicant enrolls in and pays the first premium for the employer-sponsored health insurance in the application month.
(b) If the applicant will not pay a premium for the employer-sponsored health insurance in the application month, the effective date of enrollment is the first day of the month in which the applicant pays a premium for the employer-sponsored health insurance. The applicant must enroll in the employer-sponsored health insurance no later than 30 days from the day on which the Department of Workforce Services sends the applicant written notice that he meets the qualifications for UPP.
(c) If the applicant does not enroll in the employer-sponsored health insurance within 30 days from the day on which the Department of Workforce Services sends the applicant written notice that he meets the qualifications for UPP, the application shall be denied and the individual will have to reapply during another open enrollment period.
The effective date of enrollment for a newborn or newly adopted child is
the date the newborn or newly adopted child is enrolled in the
employer-sponsored health insurance if the family requests the coverage within
30 days of the birth or adoption. If
the request is more than 30 days after the birth or adoption, enrollment is
effective the date of report.
The effective date of re-enrollment for a recertification is the first
day of the month after the recertification month, if the recertification is
completed as described in R414-320-13.
If the enrollee does not complete the recertification as described in
R414-320-13, and the enrollee does not have good cause for missing the
deadline, the case will remain closed and the individual may reapply during
another open enrollment period.
An individual found eligible shall be eligible from the effective date
through the end of the first month of eligibility and for the following 12
months. If the enrollee completes the
redetermination process in accordance with R414-320-13 and continues to be eligible,
the recertification period will be for an additional 12 months beginning the
month following the recertification month.
Eligibility could end before the end of a 12-month certification period
for any of the following reasons:
(a) The individual turns age 65;
(b) The individual becomes entitled to receive Medicare, or becomes covered by Veterans Administration Health Insurance;
(c) The individual dies;
(d) The individual moves out of state or cannot be located;
(e) The individual enters a public institution or an Institute for Mental Disease.
If an adult enrollee discontinues enrollment in employer-sponsored
insurance coverage, eligibility ends.
If the enrollment in employer-sponsored insurance is discontinued involuntarily
and the individual notifies the local office within 10 calendar days of when
the insurance ends, the individual may switch to the PCN program for the
remainder of the certification period.
8]) A child enrollee may discontinue employer-sponsor[ e]ed
health insurance and move to direct coverage under the Children's Health
Insurance Program at any time during the certification period without any
9]) An individual enrolled in the Primary Care Network or the
Children's Health Insurance Program who enrolls in an employer-sponsored plan
may switch to the UPP program if the individual reports to the local office
within 10 calendar days of enrolling in an employer-sponsored plan and before
coverage on the employer-sponsored plan begins.
10]) If a UPP case closes for any reason, other than to become covered
by another Medicaid program or the Children's Health Insurance Program, and
remains closed for one or more calendar months, the individual must submit a
new application to the local office during an open enrollment period to
reapply. The individual must meet all
the requirements of a new applicant.
11]) If a UPP case closes because the enrollee is eligible for another
Medicaid program or the Children's Health Insurance Program, the individual may
reenroll if there is no break in coverage between the programs, even if the
State has stopped enrollment under R414-320-15.
(a) If the individual's 12-month certification period has not ended, the individual may reenroll for the remainder of that certification period. The individual is not required to complete a new application or have a new income eligibility determination.
(b) If the 12-month certification period from the prior enrollment has ended, the individual may still reenroll. However, the individual must complete a new application and meet eligibility and income guidelines for the new certification period.
(c) If there is a break in coverage of one or more calendar months between programs, the individual must reapply during an open enrollment period.
KEY: Medicaid, PCN, CHIP
Date of Enactment or
Last Substantive Amendment: [
Authorizing, and Implemented or Interpreted Law: 26-18-3; 26-1-5
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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: 12/11/2008 9:35 AM