Health, Health Care Financing, Coverage and Reimbursement Policy

Rule R414-301

Medicaid General Provisions

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 37221
Filed: 01/23/2013 01:36:46 PM

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 26-18-3 requires the Department to implement provisions of the Medicaid program through administrative rules. In addition, 42 CFR 431.220 through 431.246 authorizes the Department to set forth hearing rights and procedures for Medicaid clients.

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

The Department did not receive any written or oral comments regarding this rule.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The Department will continue this rule because it defines Medicaid programs, groups and eligibility, spells out client rights and responsibilities, and sets forth the provisions for the Department of Human Services and the Department of Workforce Services to do eligibility determinations and provide a fair hearing process under contract with the Department.

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

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

Authorized by:

David Patton, Executive Director

Effective:

01/23/2013