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This filing was published in the 04/15/2009, issue, Vol. 2009, No. 8, of the Utah State Bulletin.

Health, Health Care Financing, Coverage and Reimbursement Policy

Request for Exception to Medicaid Moratorium on Nursing Home Certification by Utah State Veteran's Nursing Homes

Subsection 26-18-503 (5) provides that the director of the Division of Health Care Financing shall issue additional Medicaid certification when requested by a nursing care facility or other interested party if there is insufficient bed capacity with current certified programs in a service area. A determination of insufficient bed capacity shall be based on the nursing care facility or other interested party providing reasonable evidence of an inadequate number of beds in the county or group of counties impacted by the requested Medicaid certification based on various factors, including whether the nursing care facility will offer specialized or unique services that are underserved in a service area.

The Utah State Veterans' Nursing Homes in Salt Lake City and Ogden have requested an exception to the Medicaid moratorium on nursing home bed certification contained in Section 26-18-503. They assert that they offer specialized or unique services including: 1) Veteran's Administration certification standards; 2) treatment for Post Traumatic Stress Disorder; 3) traumatic Brain Injury (moderate forms); and 4) general, special care for veterans based on medical, psychological, cognitive and functional needs.

Five (5) beds are being sought in Salt Lake City and eight (8) in Ogden. Utah Medicaid seeks comments from nursing care facilities and the public on this request. Those providing comments are encouraged to review Subsection 26-18-503(5) and to tailor their comments to the standards set in law.

Copies of this notice are being sent to all licensed nursing care facilities in Utah, as well as for publication in local newspapers of general circulation. This notice will also be submitted for publication in the Utah State Bulletin.

Please submit comments to the Division of Health Care Financing, Director’s Office, PO Box 143101, Salt Lake City, UT 84114-3101 no later than 04/30/2009 for consideration. Comments may also be submitted via email to



For questions regarding this notice, 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  For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764).

Last modified:  04/14/2009 11:14 AM