Utah State Digest, Vol. 2009, No. 16 (August 15, 2009) [NOTE: The Utah State Digest (Digest) is created from the eRules filing database used to create the Utah State Bulletin (Bulletin). While a discrepancy between the Digest and the Bulletin is highly unlikely, any discrepancies will be resolved in favor of the Bulletin. Please refer to the State Disclaimer ( http://www.utah.gov/disclaimer.html ) for more information.] ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed July 16, 2009, 12:00 AM through July 31, 2009, 11:59 PM Volume 2009, No. 16 August 15, 2009 Prepared by Division of Administrative Rules Department of Administrative Services The Utah State Digest (Digest) is an official electronic publication of the State of Utah, Department of Administrative Services, Division of Administrative Rules. It is a summary of the information found in the Utah State Bulletin (Bulletin) of the same volume and issue number. Inquiries concerning the substance or applicability of an administrative rule that appear in the Digest should be addressed to the contact person for the rule. Questions about the Digest or the rulemaking process may be addressed to: Division of Administrative Rules, 4120 State Office Building, Salt Lake City, Utah 84114-1201, telephone 801-538-3218, FAX 801-538-1773. Additional rulemaking information, and electronic versions of all administrative rule publications are available at: http://www.rules.utah.gov/ . The Digest is available free of charge online at http://www.rules.utah.gov/publicat/digest.htm and by E-mail Listserv. ************************************************ Division of Administrative Rules, Salt Lake City 84114 Unless otherwise noted, all information presented in this publication is in the public domain and may be reproduced, reprinted, and redistributed as desired. Materials incorporated by reference retain the copyright asserted by their respective authors. Citation to the source is requested. Utah state digest. Semimonthly. 1. Delegated legislation--Utah--Digests. I. Utah. Office of Administrative Rules. KFU38.U8 348.792'025--DDC 86-658042 *********************************************** 1. SPECIAL NOTICES Notice for September 2009 Medicaid Rate Changes - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090815/sn148718.htm 2. NOTICES OF PROPOSED RULES A state agency may file a Proposed Rule when it determines the need for a new rule, a substantive change to an existing rule, or a repeal of an existing rule. Filings received between July 16, 2009, 12:00 a.m., and July 31, 2009, 11:59 p.m. are included in this, the August 15, 2009, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the August 15, 2009 issue of the Utah State Bulletin until at least September 14, 2009 (The Bulletin is the parent publication of the Digest). The agency may accept comment beyond this date and will indicate the last day the agency will accept comment in the rule information published below. The agency may also hold public hearings. Additionally, citizens or organizations may request the agency hold a hearing on a specific Proposed Rule. Section 63G-3-302 requires that a hearing request be received by the agency proposing the rule "in writing not more than 15 days after the publication date of the Proposed Rule." From the end of the public comment period through December 12, 2009, the agency may notify the Division of Administrative Rules that it wants to make the Proposed Rule effective. The agency sets the effective date. The date may be no fewer than seven calendar days after the close of the public comment period nor more than 120 days after publication date in the Utah State Bulletin. Alternatively, the agency may file a Change in Proposed Rule in response to comments received. If the Division of Administrative Rules does not receive a Notice of Effective Date or a Change in Proposed Rule, the Proposed Rule lapses and the agency must start the process over. The public, interest groups, and governmental agencies are invited to review and comment on the Proposed Rules listed below. Comment may be directed to the contact person identified with each rule. Proposed Rules are governed by Section 63G-3-301; and Rule R15-2, and Sections R15-4-3, R15-4-4, R15-4-5, R15-4-9, and R15-4-10. Health Epidemiology and Laboratory Services, Environmental Services No. 32839 (Amendment): R392-302. Design, Construction, and Operation of Public Pools. SUMMARY OF THE RULE OR CHANGE: The rule changes modify the required drain cover or grate standard from ASME A112.19.8M to ASME A112.19.8a - 2008. It also reduces the required spacing between double outlet grates from 4 feet to 3 feet. The rule changes require the installation of a drain cover or grate to meet the safety "use" markings on the grate. The proposed changes mandate that a drain sump be present on all suction drains, and specifies the required design. Additionally, the proposed changes require only one certification, either ASME or ASTM for safety vacuum release systems. Both are currently required in the present rule. A notification system will now be required for safety vacuum release systems. A gravity drain and an unblockable drain are added as alternative anti-entrapment systems. Skimmer equalizer ports are now required to be covered with an anti-entrapment cover. Other methods have been added as alternatives as a means of compliance to the requirement of having an equalizer port. A date for pools to complete the necessary corrective measures to become rule compliant with requirements of single main drains and drain covers is set in the rule. The date is 12/19/2009. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no fiscal impact on the state budget. Rule R392-302 is administered through existing state funds. There are not costs or savings to the state budget as the state does not have the responsibility to perform inspections. - LOCAL GOVERNMENTS: There are no additional costs or savings to local health departments. The inspections will be made using existing fees and budgets. There will be costs to local governments who own swimming pools to make the required changes. There are approximately 270 swimming pools in the state owned by local governments. The range of cost for each pool would be $300 (1 drain) to $15,000, depending upon which compliance alternative is chosen by the pool owner. It is estimated that approximately one half of the pools in the state are not in compliance. The minimum aggregate cost of local government-owned pools will be $162,000 (270 x $300 x 2 drains per pool) for approved grates. Of the 270 local government-owned pools, approximately one half are not in compliance. It is estimated that the maximum aggregate cost would be $2,025,000 (135 x $15,000). The Virginia Graeme Baker Act is a federal law with which all public pools must comply. - SMALL BUSINESSES: There are approximately 2,456 nongovernment-owned swimming pools in the state. The range of cost for each pool would be $300 (1 drain) to $15,000, depending upon which compliance alternative is chosen by the pool owner. It is estimated that approximately one half of the pools in the state are not in compliance. The minimum aggregate cost of nongovernment-owned pools will be $1,473,600 (2,456 x $300 x 2 drains per pool) for approved grates. Of the 2,456 nongovernment-owned pools, approximately one half are not in compliance. It is estimated that the maximum aggregate cost would be $18,420,000 (1,228 x $15,000). The Virginia Graeme Baker Act is a federal law with which all public pools must comply. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are approximately 2,456 nongovernment-owned swimming pools in the state. The range of cost for each pool would be $300 (1 drain) to $15,000, depending upon which compliance alternative is chosen by the pool owner. It is estimated that approximately one half of the pools in the state are not in compliance. The minimum aggregate cost of nongovernment-owned pools will be $1,473,600 (2,456 x $300 x 2 drains per pool) for approved grates. Of the 2,456 nongovernment-owned pools, approximately one half are not in compliance. It is estimated that the maximum aggregate cost would be $18,420,000 (1,228 x $15,000). The Virginia Graeme Baker Act is a federal law with which all public pools must comply. COMPLIANCE COSTS FOR AFFECTED PERSONS: The National Recreation and Park Association estimates that the cost per pool would range from $300 to $15,000 per pool, dependent upon whether the pools were already in compliance with certain aspects. Pools that are already in compliance with the current state rule will cost approximate $300 to $400 per drain for new grates. It is estimated that approximately one half of the pools in the state currently are not in compliance. Pools that are not in compliance with the current state rule could incur additional costs from $1,000 up to $15,000 or more dependent upon which alternative is chosen: main drain conversion from single to dual main drain (most expensive), or installation of a safety vacuum release system, or other anti-entrapment protection (least expensive). The Virginia Graeme Baker Act is a federal law with which all public pools must comply. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Federal law mandates the changes to this rule that will have a fiscal impact. The changes to the drains are intended to avoid a person being trapped by the pull of the drain in the pool. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN 09/14/2009 5:00 PM DIRECT QUESTIONS REGARDING THIS RULE TO: - Ronald Marsden by phone at 801-538-6191, by FAX at 801-538-6564, or by Internet E-mail at rmarsden@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 09/21/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090815/32839.htm Health Care Financing, Coverage and Reimbursement Policy No. 32840 (Amendment): R414-1-5. Incorporations by Reference. SUMMARY OF THE RULE OR CHANGE: Subsection R414-1-5(2) is changed to update the incorporation of the State Plan by reference effective 10/01/2009. It also incorporates State Plan Amendments that become effective no later than 10/01/2009. The change further incorporates by reference the Medical Supplies Manual and List and the hospital services provider manual, effective 10/01/2009. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no budget impact because this change only fulfills the requirement to incorporate the State Plan by reference. Implementation of the State Plan is within legislative budget allotments. Further, the rule's incorporation of ongoing Medicaid policy described in the Medical Supplies Manual and List and in the hospital services provider manual does not create costs or savings to the Department or other state agencies. - LOCAL GOVERNMENTS: There is no budget impact because this change only fulfills the requirement to incorporate the State Plan by reference. Implementation of the State Plan is within legislative budget allotments. Further, the rule's incorporation of ongoing Medicaid policy described in the Medical Supplies Manual and List and in the hospital services provider manual does not create costs or savings to local governments. - SMALL BUSINESSES: There is no budget impact because this change only fulfills the requirement to incorporate the State Plan by reference. Implementation of the State Plan is within legislative budget allotments. Further, the rule's incorporation of ongoing Medicaid policy described in the Medical Supplies Manual and List and in the hospital services provider manual does not create costs or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no budget impact because this change only fulfills the requirement to incorporate the State Plan by reference. Implementation of the State Plan is within legislative budget allotments. Further, the rule's incorporation of ongoing Medicaid policy described in the Medical Supplies Manual and List and in the hospital services provider manual does not create costs or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs because this change only fulfills the requirement to incorporate the State Plan by reference. Implementation of the State Plan is within legislative budget allotments. Further, the rule's incorporation of ongoing Medicaid policy described in the Medical Supplies Manual and List and in the hospital services provider manual does not create costs or savings to a single Medicaid client or provider. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule should not have a direct fiscal impact on business. Incorporation of the State Plan by this rule assures that the Medicaid program is implemented through administrative rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN 09/14/2009 5:00 PM DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/01/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090815/32840.htm No. 32860 (Amendment): R414-33B-5. Service Coverage. SUMMARY OF THE RULE OR CHANGE: This change implements covered case management under the DRA and clarifies the limits of direct delivery of foster care services. It also specifies other noncovered services and activities, and clarifies the allowance for targeted case management during an inpatient stay. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no budget impact because this amendment only implements ongoing Medicaid policy into rule and clarifies service coverage under the DRA. - LOCAL GOVERNMENTS: There is no budget impact because local governments do not fund targeted case management services. - SMALL BUSINESSES: There is no impact to other persons and small businesses because this amendment only implements ongoing Medicaid policy into rule and clarifies service coverage under the DRA. This amendment does not affect client eligibility and current TCM services. The change, therefore, does not increase costs to Medicaid recipients and does not impact providers that render TCM services. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to other persons and small businesses because this amendment only implements ongoing Medicaid policy into rule and clarifies service coverage under the DRA. This amendment does not affect client eligibility and current TCM services. The change, therefore, does not increase costs to Medicaid recipients and does not impact providers that render TCM services. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs because this amendment only implements ongoing Medicaid policy into rule and clarifies service coverage under the DRA. This amendment does not affect client eligibility or current TCM services. The change, therefore, does not increase costs to a Medicaid recipient and does not impact a provider that renders TCM services. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Current Medicaid policy is not changed by this rule adoption of those policies. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN 09/14/2009 5:00 PM DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 09/21/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090815/32860.htm No. 32861 (Amendment): R414-33C-5. Service Coverage. SUMMARY OF THE RULE OR CHANGE: This change implements covered case management under the DRA and clarifies the limits of direct delivery of foster care services. It also specifies other noncovered services and activities, and clarifies the allowance for targeted case management during an inpatient stay. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no budget impact because this amendment only implements ongoing Medicaid policy into rule and clarifies service coverage under the DRA. - LOCAL GOVERNMENTS: There is no budget impact because local governments do not fund targeted case management services. - SMALL BUSINESSES: There is no impact to other persons and small businesses because this amendment only implements ongoing Medicaid policy into rule and clarifies service coverage under the DRA. This amendment does not affect client eligibility and current TCM services. The change, therefore, does not increase costs to Medicaid recipients and does not impact providers that render TCM services. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to other persons and small businesses because this amendment only implements ongoing Medicaid policy into rule and clarifies service coverage under the DRA. This amendment does not affect client eligibility and current TCM services. The change, therefore, does not increase costs to Medicaid recipients and does not impact providers that render TCM services. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs because this amendment only implements ongoing Medicaid policy into rule and clarifies service coverage under the DRA. This amendment does not affect client eligibility or current TCM services. The change, therefore, does not increase costs to a Medicaid recipient and does not impact a provider that renders TCM services. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Current Medicaid policy is not changed by this rule adoption of those policies. No fiscal impact expected. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN 09/14/2009 5:00 PM DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 09/21/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090815/32861.htm No. 32862 (Amendment): R414-33D-5. Service Coverage. SUMMARY OF THE RULE OR CHANGE: This change implements covered case management under the DRA and clarifies the limits of direct delivery of foster care services. It also specifies other noncovered services and activities, and clarifies the allowance for targeted case management during an inpatient stay. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no budget impact because this amendment only implements ongoing Medicaid policy into rule and clarifies service coverage under the DRA. - LOCAL GOVERNMENTS: There is no budget impact because local governments do not fund targeted case management services. - SMALL BUSINESSES: There is no impact to other persons and small businesses because this amendment only implements ongoing Medicaid policy into rule and clarifies service coverage under the DRA. This amendment does not affect client eligibility and current TCM services. The change, therefore, does not increase costs to Medicaid recipients and does not impact providers that render TCM services. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to other persons and small businesses because this amendment only implements ongoing Medicaid policy into rule and clarifies service coverage under the DRA. This amendment does not affect client eligibility and current TCM services. The change, therefore, does not increase costs to Medicaid recipients and does not impact providers that render TCM services. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs because this amendment only implements ongoing Medicaid policy into rule and clarifies service coverage under the DRA. This amendment does not affect client eligibility or current TCM services. The change, therefore, does not increase costs to a Medicaid recipient and does not impact a provider that renders TCM services. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Current Medicaid policy is not changed by this rule adoption of those policies. No fiscal impact expected. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN 09/14/2009 5:00 PM DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 09/21/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090815/32862.htm No. 32841 (Amendment): R414-54-3. Services. SUMMARY OF THE RULE OR CHANGE: This change incorporates by reference the Speech-Language Pathology Services Provider Manual, effective 10/01/2009. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no budget impact because the incorporation of ongoing Medicaid policy described in the Speech-Language Pathology Services Provider Manual does not create costs or savings to the Department or other state agencies. - LOCAL GOVERNMENTS: This change does not impact local governments because they do not fund or provide speech-language pathology services to Medicaid clients. - SMALL BUSINESSES: There is no budget impact because the incorporation of ongoing Medicaid policy described in the Speech-Language Pathology Services Provider Manual does not create costs or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no budget impact because the incorporation of ongoing Medicaid policy described in the Speech-Language Pathology Services Provider Manual does not create costs or savings to other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs because the incorporation of ongoing Medicaid policy described in the Speech-Language Pathology Services Provider Manual does not create additional costs to a Medicaid client or a loss of revenue to a Medicaid provider. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule should not have a direct fiscal impact on business. Incorporation of this section of the Provider Manual by this rule assures that the Medicaid program is implemented through administrative rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN 09/14/2009 5:00 PM DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/01/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090815/32841.htm No. 32842 (Amendment): R414-59-4. Client Eligibility Requirements. SUMMARY OF THE RULE OR CHANGE: This change incorporates by reference the Audiology Provider Manual, effective 10/01/2009. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no budget impact because the incorporation of ongoing Medicaid policy described in the Audiology Provider Manual does not create costs or savings to the Department or other state agencies. - LOCAL GOVERNMENTS: This change does not impact local governments because they do not fund or provide audiology services to Medicaid clients. - SMALL BUSINESSES: There is no budget impact because the incorporation of ongoing Medicaid policy described in the Audiology Provider Manual does not create costs or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no budget impact because the incorporation of ongoing Medicaid policy described in the Audiology Provider Manual does not create costs or savings to other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs because the incorporation of ongoing Medicaid policy described in the Audiology Provider Manual does not create additional costs to a Medicaid client or a loss of revenue to a Medicaid provider. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule should not have a direct fiscal impact on business. Incorporation of this section of the Provider Manual by this rule assures that the Medicaid program is implemented through administrative rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN 09/14/2009 5:00 PM DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/01/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090815/32842.htm No. 32859 (Amendment): R414-306. Program Benefits. SUMMARY OF THE RULE OR CHANGE: This amendment changes the effective date of Medicaid eligibility to the first day of the month for each month. This change complies with federal requirements to determine the effective date for Medicaid eligibility for the retroactive period. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Failure to make this change will cause the state to lose federal financial participation funds. While there may be some minimal costs associated with this change, the Department cannot quantify the cost because it does not have information regarding individual medical expenses for the days before the current effective date of Medicaid eligibility. Nevertheless, the Department does not anticipate large costs because current operations assist individuals to apply in a timelier fashion that allows them to receive coverage for the time period in which they had medical expenses. - LOCAL GOVERNMENTS: This change does not impact local governments because they do not determine eligibility nor receive monies collected as spenddowns from Medicaid recipients. - SMALL BUSINESSES: This change does not impact small businesses because they do not determine Medicaid eligibility. Medicaid applicants may see some savings if they delay applying for Medicaid and cannot get coverage for some days in the retroactive period. The Department cannot quantify the savings, however, because it does not have information regarding individual medical expenses for days before the current effective date of Medicaid eligibility. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This change does not impact small businesses because they do not determine Medicaid eligibility. Medicaid applicants may see some savings if they delay applying for Medicaid and cannot get coverage for some days in the retroactive period. The Department cannot quantify the savings, however, because it does not have information regarding individual medical expenses for days before the current effective date of Medicaid eligibility. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs because this change does not require a Medicaid recipient to pay more for Medicaid coverage, and it does not reduce eligibility for Medicaid services. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This change is required by federal law and will not have a negative fiscal impact on business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN 09/14/2009 5:00 PM DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/01/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090815/32859.htm Center for Health Data, Health Care Statistics No. 32858 (New Rule): R428-15. Health Data Authority Health Insurance Claims Reporting. SUMMARY OF THE RULE OR CHANGE: The Cost and Quality Data Project (H.B. 9), passed by the Utah Legislature in the 2007 General Session, directed the Utah Health Data Committee (HDC) to create an advisory panel to study issues related to the development of an All Payer Database (APD) that would assist in the analysis of a variety of health care data in Utah. Over a nine-month period (August 2007 - May 2008), a diverse panel of stakeholders developed a draft health data plan for this project. The plan, as outlined by H.B. 9, addressed the necessity of an APD, how it would be compiled, and how and by whom it would be used. On 07/08/2008, the HDC unanimously approved the plan at its quarterly meeting. In order to finance the project, the 2008 Legislature appropriated $615,000 of on-going monies via H.B. 133, Health Care Reform. This bill passed with overwhelming support from both parties and now has become a major focus of health care reform in Utah. The Utah Department of Health Office of Health Care Statistics (OHCS) is currently responsible for building and managing the APD. Health care insurance claims data will be submitted to the OHCS from insurance companies (payers) operating in Utah and then entered into the APD. (DAR NOTE: H.B. 9 (2007) is found at Chapter 29, Laws of Utah 2007, and was effective 04/30/2007. H.B. 133 (2008) is found at Chapter 383, Laws of Utah 2008, and was effective 05/05/2008.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: In order to finance the project, the 2008 Legislature appropriated $615,000 of on-going monies via H.B. 133. This bill passed with overwhelming support from both parties. - LOCAL GOVERNMENTS: This rule has no anticipated cost or savings to local government. - SMALL BUSINESSES: A carrier that covers fewer than 200 individual Utah residents is exempt from all requirements of this rule. It is highly unlikely that there are any small businesses that are licensed to provide health insurance coverage - including third party administrators - with fewer than 50 employees. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: A carrier that covers more than 200 individual Utah residents will be required to submit data as required in the rule. Costs to these businesses will vary depending upon the information technology systems and support they have in place. The submission format and guidelines were developed with this dialogue and payer input in mind. The OHCS has accommodated the payers wherever possible to minimize financial and procedural impact. This rule has no anticipated cost or savings to individuals, local governments, and persons that are not small businesses. COMPLIANCE COSTS FOR AFFECTED PERSONS: The OHCS opened dialogue with payers in August 2008 about the Utah APD. The submission format and guidelines were developed with this dialogue and payer input in mind. The OHCS has accommodated the payers wherever possible to minimize financial and procedural impact. The APD architecture and data submission pathways were significantly altered to help reduce impact on the payers (e.g., establishing FTS Secure pathway in addition to UHIN Web Services, utilizing UHIN for X12- 837 submission, developing claims standards that center around the X12 837 format). COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The OHCS has taken extraordinary steps to minimize financial impact on the carriers required to submit data. Utah is a national leader on this initiative. Fiscal impact is expected to be acceptable to regulated entities. The benefits to the public of this data should be very significant and permit consumers to better understand the cost of health care and make informed choices. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN 09/14/2009 5:00 PM DIRECT QUESTIONS REGARDING THIS RULE TO: - Keely Cofrin Allen by phone at 801-538-6551, by FAX at 801-538-9916, or by Internet E-mail at kcofrinallen@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 09/21/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090815/32858.htm Insurance Administration No. 32850 (Amendment): R590-102. Insurance Department Fee Payment Rule. SUMMARY OF THE RULE OR CHANGE: The rule updates the $2 decrease in fee amounts for credit card charges; deletes fees that are no longer being charged, such as, individual and agency late renewal fee; combines two title fees into one, however the total fee amount did not increase; and also updates the electronic list fee to account for public access to the department's electronic rate and form database. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The changes to this rule will not require the Department to add or reduce personnel and the impact on the state's budget should be minimal. - LOCAL GOVERNMENTS: The changes to this rule will have no fiscal impact on local governments since the rule deals solely with the relationship between the Department and its licensees. - SMALL BUSINESSES: This rule has no fiscal impact on small businesses because it merely publishes the schedule of fees approved by the legislature in the appropriations bill, H.B. 3. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule has no fiscal impact on other persons because it merely publishes the schedule of fees approved by the legislature in the appropriations bill, H.B. 3. COMPLIANCE COSTS FOR AFFECTED PERSONS: This rule has no fiscal impact on persons because it merely publishes the schedule of fees approved by the legislature in the appropriations bill, H.B. 3. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule will have no fiscal impact on businesses in Utah since it just publishes the schedule of fees approved by the legislature this year. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN 09/14/2009 5:00 PM DIRECT QUESTIONS REGARDING THIS RULE TO: - Jilene Whitby by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at jwhitby@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 09/21/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090815/32850.htm No. 32865 (Amendment): R590-171. Surplus Lines Procedures Rule. SUMMARY OF THE RULE OR CHANGE: The passage of H.B. 374 in 2003 resulted in the replacement of the terms "agent" and "broker" for "producer" in the Insurance code and rules. The bill also created a new Chapter 23a from part of Chapter 23 in Title 31A, which requires the updating of code references in the rule. The rest of the changes are nonsubstantive and for clarification only. (DAR NOTE: H.B. 374 (2003) is found at Chapter 298, Laws of Utah 2003, and was effective 05/05/2003.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These changes will have no effect on the work load or income of the department or state budget. No filings will be required of insurance companies. The changes are mainly to conform the rule to the code and clarify the wording in the rule. - LOCAL GOVERNMENTS: The changes to the rule will have no impact on local governments since the rule deals solely with the relationship between the department and their licensees. - SMALL BUSINESSES: Since changes to the rule have been made to update code references where only the numbering of the references have been changed, to make changes in terminology, and to make wording changes for clarification purposes, the changes will have no fiscal impact on small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Since changes to the rule have been made to update code references where only the numbering of the references have been changed, to make changes in terminology, and to make wording changes for clarification purposes, the changes will have no fiscal impact on businesses or individuals that could be affected by this rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: Since changes to the rule have been made to update code references where only the numbering of the references have been changed, to make changes in terminology, and to make wording changes for clarification purposes, the changes will have no fiscal impact on affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule will have no fiscal impact on the public or businesses in Utah. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN 09/14/2009 5:00 PM DIRECT QUESTIONS REGARDING THIS RULE TO: - Jilene Whitby by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at jwhitby@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 09/21/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090815/32865.htm Natural Resources Forestry, Fire and State Lands No. 32853 (Amendment): R652-20. Mineral Resources. SUMMARY OF THE RULE OR CHANGE: Recent audits have indicated the state is not receiving full value for the public trust resources leased to persons for profit because the companies are receiving a free use of the leased land (rental credit) as long as royalties are paid. The rule amendment phases out rental credits against royalties on mineral leases over four years. Also, the legislature has established rental rates for Division leases and the new rate conflicts with the existing rule. The rule amendment changes the rental rates to match the fee schedule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: It is anticipated that there will be an increase in revenues because of: a) rental rate increases; and b) reductions in rental credits on mineral leases on those leases that have rental credits in their leases. - LOCAL GOVERNMENTS: Local governments do not pay rentals or royalties to the state on any extracted minerals from state lands, so there are no impacts to local governments. - SMALL BUSINESSES: There are currently no producers paying state rentals that are considered small businesses that will be impacted by this rule change. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule amendment only affects a contractual business relationship between a business and the state. No other persons are affected. COMPLIANCE COSTS FOR AFFECTED PERSONS: The increase in rental rates will increase rentals by 10% beginning in fiscal year 2010. Generally, the rentals are a fraction of the royalties paid by companies on mineral leases. The phase-out of rental credits will be phased in over four years and the increase will depend on the amount of sovereign lands leased by the state. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule eliminates the rental credit provision that some mineral leases have, and updates the rule to reflect rental rates approved by the legislature in the Division fee schedule. There will be a four year phase-in period for the rental credits to the businesses that have enjoyed that benefit, and an increase in rental rates for new leases. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN 09/14/2009 5:00 PM DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennifer Wiglama by phone at 801-538-5495, by FAX at 801-533-4111, or by Internet E-mail at jenniferwiglama@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 09/21/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090815/32853.htm Public Service Commission Administration No. 32867 (Amendment): R746-100-16. Use of information Claimed to Be Confidential in Commission Proceedings. SUMMARY OF THE RULE OR CHANGE: The amendment adds a new section, R746-100- 16, to the Commission's Rule R746-100. The proposed amended places in the rule the same or similar provisions as the Commission has included in individual protective orders issued in Commission proceedings. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no additional costs anticipated for state agencies as the rule replicates the process currently followed in the normal course of Commission proceedings in issuing individual protective orders in a proceeding. There will be some savings, although minimal, as the Commission will not need to issue separate protective orders in individual proceedings, relying instead on the provisions of the proposed rule amendment to obtain the same result. - LOCAL GOVERNMENTS: There are no costs or savings for local governments as the rule has no application to local government activities. - SMALL BUSINESSES: There are no costs and minimal savings anticipated for small business. The savings potential arises from the ability for any small business that may participate in a Commission proceeding to rely upon the proposed rule amendment's provisions rather than having to request an individual protective order or follow a separate protective order in a Commission proceedings. Historically, few, if any small businesses participate in Commission proceedings. Special interest advocacy groups, with less than 50 employees, have occasionally participated, and these will have the same potential for minimal savings. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no costs and minimal savings anticipated for other participants. The savings potential arises from the ability of a participant that may participate in a Commission proceeding to rely upon the proposed rule amendment's provisions rather than having to request an individual protective order or follow a separate protective order in a Commission proceedings. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons as the proposed amendment places in administrative rule the same or similar processes and procedures currently followed in Commission proceedings relating to the availability and use of information claimed to be confidential. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no anticipated fiscal impacts from the rule. The rule follows existing practice of the Commission dealing with information claimed to be confidential and places in one rule what the Commission uniformly does in individual proceedings. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN 09/15/2009 5:00 PM DIRECT QUESTIONS REGARDING THIS RULE TO: - Sandy Mooy by phone at 801-530-6708, by FAX at 801-530-6796, or by Internet E-mail at smooy@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 09/23/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090815/32867.htm No. 32851 (Amendment): R746-360-4. Application of Fund Surcharges to Customer Billings. SUMMARY OF THE RULE OR CHANGE: The intrastate retail surcharge will be reduced from 0.5 percent to 0.25 percent. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be a reduction in costs. The surcharge is assessed on all retail intrastate telecommunications services. A reduction in the surcharge will result in a decrease in the amount paid by state government for retail intrastate telecommunications services. While the Commission has information concerning the periodic surcharge amounts collected by telecommunications carriers, it does not have the ability to disaggregate those amounts to determine the amounts paid by specific customers of the telecommunications carriers. The overall reduction in the fund balance over a 2-year period is expected to be $4,000,000, while still retaining a $4,000,000 balance in the fund. - LOCAL GOVERNMENTS: There will be a reduction in costs. The surcharge is assessed on all retail intrastate telecommunications services. A reduction in the surcharge will result in a decrease in the amount paid by local governments for retail intrastate telecommunications services. While the Commission has information concerning the periodic surcharge amounts collected by telecommunications carriers, it does not have the ability to disaggregate those amounts to determine the amounts paid by specific customers of the telecommunications carriers. - SMALL BUSINESSES: There will be a reduction in costs. The surcharge is assessed on all retail intrastate telecommunications services. A reduction in the surcharge will result in a decrease in the amount paid by all businesses for retail intrastate telecommunications services. While the Commission has information concerning the periodic surcharge amounts collected by telecommunications carriers, it does not have the ability to disaggregate those amounts to determine the amounts paid by specific customers of the telecommunications carriers. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There will be a reduction in costs. The surcharge is assessed on all retail intrastate telecommunications services. A reduction in the surcharge will result in a decrease in the amount paid by all customers for retail intrastate telecommunications services. While the Commission has information concerning the periodic surcharge amounts collected by telecommunications carriers, it does not have the ability to disaggregate those amounts to determine the amounts paid by specific customers of the telecommunications carriers. COMPLIANCE COSTS FOR AFFECTED PERSONS: The Commission will make the rule effective at a future date which will allow telecommunications carriers collecting the surcharge adequate time to become aware of the reduction and change their billing systems to accommodate the change. This date is anticipated to be 11/01/2009. Costs for telecommunications carriers to collect the reduced surcharge are expected to remain the same as before the proposed amendment. However, there could be a reduction in telecommunications costs. The surcharge is assessed on all retail intrastate telecommunications services. A reduction in the surcharge will result in a decrease in the amount paid by for retail intrastate telecommunications services purchased from telecommunications carriers which are not self- provided by a carrier. While the Commission has information concerning the periodic surcharge amounts collected by telecommunications carriers, it does not have the ability to disaggregate those amounts to determine the amounts paid by specific customers of the telecommunications carriers. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Although there will be a reduction in the amount of the surcharge, the exact impact upon businesses is difficult to project beyond the absolute percentage reduction, from 0.5 to 0.25 percent, a reduction of one half the surcharge amount previously applied to intrastate retail telecommunications services. The dollar amount of the reduction for any individual entity will depend upon the amount of retail intrastate telecommunications services used by the customer. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN 09/14/2009 5:00 PM DIRECT QUESTIONS REGARDING THIS RULE TO: - Sandy Mooy by phone at 801-530-6708, by FAX at 801-530-6796, or by Internet E-mail at smooy@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 09/23/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090815/32851.htm No. 32866 (New Rule): R746-700. Complete Filings for General Rate Case and Major Plant Addition Applications. SUMMARY OF THE RULE OR CHANGE: The rule provisions describe the various informational requirements that need to be met for a general rate case application to be considered a complete filing for Subsection 54-7-12(2) and for an alternative cost recovery for a major plant addition application to be considered a complete filing for Subsection 54-7-13.4(2). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No additional costs or savings are anticipated for the Commission or state agencies participating in Commission proceedings. The information, materials, data, etc. outlined in the proposed rule are the same that are developed, exchanged, and analyzed by participants in these types of proceedings conducted by the Commission. - LOCAL GOVERNMENTS: None--The proposed rule does not affect local government activities. - SMALL BUSINESSES: No additional costs or savings are anticipated for small business or other businesses participating in Commission proceedings. The information, materials, data, etc. outlined in the proposed rule are the same that are developed, exchanged, and analyzed by participants in these types of proceedings conducted by the Commission. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: No additional costs or savings are anticipated for participants participating in Commission proceedings. The information, materials, data, etc. outlined in the proposed rule are the same that are developed, exchanged, and analyzed by participants in these types of proceedings conducted by the Commission. COMPLIANCE COSTS FOR AFFECTED PERSONS: No additional costs or savings are anticipated for any participant participating in Commission proceedings. The information, materials, data, etc. outlined in the proposed rule are the same that are developed and analyzed by public utilities in their preparations to file applications with the Commission. They are the same materials that are exchanged among participants and analyzed by participants in these types of proceedings conducted before the Commission. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The proposed rule will have no fiscal impact upon affected business other than any that may have been anticipated by the Legislature in amending and enacting Sections 54-7-12 and 54-7-13.4, which direct the Commission to promulgate rules outlining the informational requirements for these type of applications to be considered complete. The Commission developed the rule in consultation with participants from prior Commission proceedings to follow and incorporate the participants' practices relating to the information developed and exchanged among themselves and with the Commission in these types of proceedings. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN 09/15/2009 5:00 PM DIRECT QUESTIONS REGARDING THIS RULE TO: - Sandy Mooy by phone at 801-530-6708, by FAX at 801-530-6796, or by Internet E-mail at smooy@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 09/23/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090815/32866.htm Tax Commission Auditing No. 32852 (Amendment): R865-4D-2. Refund Procedures for Special Fuel Used Off-Highway or to Operate a Power Take-Off Unit, and Sales Tax Liability Pursuant to Utah Code Ann. Sections 59-13-301 and 59-13-304. SUMMARY OF THE RULE OR CHANGE: The proposed amendment provides that if an off-highway location does not have an address, a description of that location will suffice; also the amount of time of the off-highway use is necessary only if the claimed use is idling of the vehicle, all other uses may be evidenced by the date of the off-highway use. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--The proposed amendments impact only the recordkeeping requirements of applicants for special fuel tax refund for off- highway use of special fuel. - LOCAL GOVERNMENTS: None--The proposed amendments impact only the recordkeeping requirements of applicants for special fuel tax refund for off- highway use of special fuel. - SMALL BUSINESSES: None--The proposed amendments impact only the recordkeeping requirements of applicants for special fuel tax refund for off- highway use of special fuel. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--The proposed amendments impact only the recordkeeping requirements of applicants for special fuel tax refund for off-highway use of special fuel. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--The proposed amendments ease recordkeeping requirements. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no anticipated fiscal impacts. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN 09/14/2009 5:00 PM DIRECT QUESTIONS REGARDING THIS RULE TO: - D'Arcy Dixon by phone at 801-297-3906, by FAX at 801-297-3901, or by Internet E-mail at ddixon@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 09/21/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090815/32852.htm Transportation Operations, Construction No. 32863 (New Rule): R916-5. Health Reform -- Health Insurance Coverage in State Contracts -- Implementation. SUMMARY OF THE RULE OR CHANGE: This is a new rule and required in H.B. 331. The rule introduces the procedure and requirements for implementation of the Health Reform -- Health Insurance Coverage in State Contracts as required by Section 72-6-107.5. H.B. 331 requires all contractors, subcontractors, and subconsultants at any tier, entering into any State Contract, to have and maintain for the duration of the contract an offer of qualified health insurance coverage for their employees and their employees dependents that live and/or work in the State of Utah. (DAR NOTE: A corresponding 120-day (emergency) rule was published in the July 15, 2009, Bulletin under DAR No. 32768 and was effective 07/01/2009.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Enactment of this rule may indirectly increase the cost of state construction projects depending upon the contractor. The extent of such increases is currently unknown. - LOCAL GOVERNMENTS: No cost or savings are anticipated for local governments with this new rule. No new requirements were created with this new rule that impact local governments. (Note: while not affected by this rule, H.B. 331 does affect public transit districts.) - SMALL BUSINESSES: Enactment of this rule may result in certain cost increases to private contractors, but may benefit individuals working for such contractors. Enactment of this rule likely will not result in direct, measurable costs and/or benefits for local governments. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Enactment of this rule may result in certain cost increases to private contractors, but may benefit individuals working for such contractors. Enactment of this rule likely will not result in direct, measurable costs and/or benefits for local governments. COMPLIANCE COSTS FOR AFFECTED PERSONS: To the extent there are cost increases to contractors (including designers), it is highly likely that such cost increases will be passed on as part of the costs of the contract that the State pays. The statute already provides the requirements that may cause cost increases. The rule does not add to these cost increases. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: As stated, the statute itself created the fiscal impacts. The rule does not add additional burdens than are already provided by the statute. The rule will not impact the costs. The statute will increase the cost of the contracts as the price of the insurance passed along in the bids and subsequent contracts. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN 09/14/2009 5:00 PM DIRECT QUESTIONS REGARDING THIS RULE TO: - Maureen Short by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at maureenshort@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 09/21/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090815/32863.htm Workforce Services Employment Development No. 32864 (Amendment): R986-200-218. Exceptions to the Time Limit. SUMMARY OF THE RULE OR CHANGE: The Department can grant extensions to the 36-month time limit for the Family Employment Program based on hardship. This proposed amendment adds another category to the hardship extensions for parents who have been laid off their jobs due to a reduction in force. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This is a federally-funded program so there are no costs or savings to the state budget. - LOCAL GOVERNMENTS: This is a federally-funded program so there are no costs or savings to any local government. - SMALL BUSINESSES: There will be no costs to small businesses to comply with these changes because this is a federally-funded program. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There will be no costs of any persons to comply with these changes because there are no costs or fees associated with these proposed changes. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs associated with these changes for any persons because this is a federally- funded program and there are no fees or costs associated with these proposed changes. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no compliance costs associated with this change. There are no fees associated with this change. There will be no cost to anyone to comply with these changes. There will be no fiscal impact on any business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN 09/14/2009 5:00 PM DIRECT QUESTIONS REGARDING THIS RULE TO: - Suzan Pixton by phone at 801-526-9645, by FAX at 801-526-9211, or by Internet E-mail at spixton@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 09/21/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090815/32864.htm No. 32857 (Amendment): R986-400. General Assistance and Working Toward Employment. SUMMARY OF THE RULE OR CHANGE: The Utah Legislature cut funding for the General Assistance program in the 2009 General Session. To meet the loss of funding, the Department has changed the time limit for General Assistance to 6 or 12 months instead of 24 months. These changes also require the impairment prevents any type of work and be expected to last 60 days or longer. These changes also eliminate the Working Toward Employment program entirely. An emergency rule was filed with these exact changes to be effective 07/31/2009. This change will make those changes permanent. (DAR NOTE: The corresponding 120-day (emergency) rule is under DAR No. 32856 in this issue, August 15, 2009, of the Bulletin, and was effective 07/31/2009.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: It is expected that these changes will save the necessary amount to meet the lower budget approved by the legislature. - LOCAL GOVERNMENTS: There will be no costs or savings to local governments as this is a state-funded program. - SMALL BUSINESSES: There will be no affect to small businesses as this is a state-funded program. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This will affect a portion of the population currently eligible for General Assistance or Working Toward Employment as the time limit is being changed for General Assistance and Working Toward Employment is being eliminated. Some individuals who were previously ineligible may be eligible under these changed as the requirements have changed for obtaining PCN and participation. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for any persons associated with this proposed rule change. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no compliance costs associated with this change. There are no fees associated with this change. There will be no cost to anyone to comply with these changes. There will be no fiscal impact on any business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN 09/14/2009 5:00 PM DIRECT QUESTIONS REGARDING THIS RULE TO: - Suzan Pixton by phone at 801-526-9645, by FAX at 801-526-9211, or by Internet E-mail at spixton@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 08/26/2009 5:00 PM, Metro Office, 720 S 200 E, Room 100, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 09/21/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090815/32857.htm 3. NOTICES OF 120-DAY (EMERGENCY) RULES An agency may file a 120-Day (Emergency) Rule when it finds that the regular rulemaking procedures would: (a) cause an imminent peril to the public health, safety, or welfare; (b) cause an imminent budget reduction because of budget restraints or federal requirements; or (c) place the agency in violation of federal or state law (Subsection 63G-3- 304(1)). A 120-Day Rule is effective at the moment the Division of Administrative Rules receives the filing, or on a later date designated by the agency. A 120-Day Rule is effective for 120 days or until it is superseded by a permanent rule. Because 120-Day Rules are effective immediately, the law does not require a public comment period. However, when an agency files a 120-Day Rule, it usually files a Proposed Rule at the same time, to make the requirements permanent. Comment may be made on the proposed rule. Emergency or 120-Day Rules are governed by Section 63G-3-304; and Section R15-4-8. Workforce Services Employment Development No. 32856 (Emergency Rule): R986-400. General Assistance. SUMMARY OF THE RULE OR CHANGE: The Utah Legislature cut funding for the General Assistance program in the 2009 General Session. To meet the loss of funding, the Department has changed the time limit for General Assistance to 6 or 12 months instead of 24 months. These changes also require that the customer's impairment prevents any type of work and is expected to last 60 days or longer. These changes also eliminate the Working Toward Employment program entirely. (DAR NOTE: A corresponding proposed amendment is under DAR No. 32857 in this issue, August 15, 2009, of the Bulletin.) EMERGENCY REASON: Regular rulemaking procedures would cause an imminent budget reduction because of budget restraints or federal requirements. EMERGENCY JUSTIFICATION: The Utah Legislature cut just over $3,000,000 in funding from the General Assistance 2010 fiscal budget. To meet those cuts, the Department has been forced to cut benefits. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: It is expected that these changes will save the $3,000,000 necessary to meet the lower budget as approved by the legislature. - LOCAL GOVERNMENTS: There will be no costs or savings to local governments as this is a state-funded program. - SMALL BUSINESSES: There will be no affect to small businesses as this is a state-funded program. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: A portion of the population currently eligible for General Assistance will lose their benefits as the time limit is being shortened. Some individuals who were previously ineligible may be eligible under these changed as the requirements have changed for obtaining PCN and participation. All customers previously eligible for Working Toward Employment will no longer be eligible as the program is being eliminated. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs associated with this program for any affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no compliance costs associated with this change. There are no fees associated with this change. There will be no cost to anyone to comply with these changes. There will be no fiscal impact on any business. DIRECT QUESTIONS REGARDING THIS RULE TO: - Suzan Pixton by phone at 801-526-9645, by FAX at 801-526-9211, or by Internet E-mail at spixton@utah.gov EFFECTIVE: 07/31/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090815/32856.htm 4. FIVE-YEAR NOTICES OF REVIEW AND STATEMENTS OF CONTINUATION Within five years of an administrative rule's original enactment or last five-year review, the agency is required to review the rule. This review is intended to remove obsolete rules from the Utah Administrative Code. Upon reviewing a rule, an agency may: repeal the rule by filing a Proposed Rule; continue the rule as it is by filing a Notice of Review and Statement of Continuation (Notice); or amend the rule by filing a Proposed Rule and by filing a Notice. By filing a Notice, the agency indicates that the rule is still necessary. The rule text that is being continued may be found in the most recent edition of the Utah Administrative Code. The rule text may also be inspected at the agency or the Division of Administrative Rules. Notices are effective upon filing. Notices are governed by Section 63G-3-305. Commerce Occupational and Professional Licensing No. 32843 (5-year Review): R156-60. Mental Health Professional Practice Act Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued as it provides a mechanism to inform potential licensees and licensed mental health therapists of the requirements for licensure as allowed under statutory authority provided in Title 58, Chapter 60. The rule should also be continued as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements and to ensure that licensed mental health therapists meet minimum renewal requirements. DIRECT QUESTIONS REGARDING THIS RULE TO: - Rich Oborn by phone at 801-530-6767, by FAX at 801-530-6511, or by Internet E-mail at roborn@utah.gov EFFECTIVE: 07/27/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090815/32843.htm Education Administration No. 32830 (5-year Review): R277-402. Online Testing. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule continues to be necessary because it provides for implementation of an educational technology infrastructure for school districts and charter schools to satisfy testing requirements under state law. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Lear by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at carol.lear@schools.utah.gov EFFECTIVE: 07/16/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090815/32830.htm No. 32834 (5-year Review): R277-609. Standards for School District, School and Charter School Discipline Plans. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule continues to be necessary because it provides standards and procedures for school districts, schools, and charter schools when developing and implementing school discipline policies for students required by state law. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Lear by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at carol.lear@schools.utah.gov EFFECTIVE: 07/23/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090815/32834.htm No. 32835 (5-year Review): R277-800. Administration of the Utah School for the Deaf and the Utah School for the Blind. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule continues to be necessary because it provides procedures for governance, student eligibility, fiscal responsibility, as well as other standards for operation of the Utah Schools for the Deaf and the Utah Schools for the Blind. This rule will be continued but will have significant substantive changes in the near future as a result of 2009 legislation. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Lear by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at carol.lear@schools.utah.gov EFFECTIVE: 07/23/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090815/32835.htm Rehabilitation No. 32836 (5-year Review): R280-150. Adjudicative Proceedings Under the Vocational Rehabilitation Act. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule continues to be necessary because it provides and incorporates by reference the federal laws and requirements for adjudicative proceedings to which the Utah State Office of Rehabilitation is subject. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Lear by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at carol.lear@schools.utah.gov EFFECTIVE: 07/23/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090815/32836.htm Health Health Systems Improvement, Emergency Medical Services No. 32845 (5-year Review): R426-11. General Provisions. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule is a basis for defining terms used in subsequent rules. The process for quality assurance is established for the department, and the role of the Critical Incident Stress Management team are given. These processes and standards are acceptable to the Department and serve as the foundation for implementation of the services rendered. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Guy Dansie by phone at 801-273-6671, by FAX at 801-273-4165, or by Internet E-mail at gdansie@utah.gov EFFECTIVE: 07/28/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090815/32845.htm No. 32855 (5-year Review): R426-12. Emergency Medical Services Training and Certification Standards. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule establishes the minimum certification and recertification requirements for EMS personnel and must be continued to protect the health and safety of the citizens of Utah who receive pre-hospital care. The Department does not agree with some of the comments that were made above, but has re-worked the rule and it is out for public comment at the present time. The 1-year requirement will also be deleted in the rule change, because it was felt that there are more people in favor of the 12-month deletion than opposed. It is also felt that the Intermediate training is needed in order for a person to get a job working as an EMT for an agency. Most agencies will not hire Basic EMTs, but will hire Intermediates. In the case of the IA and Paramedic levels, it would take a person approximately one year to complete these additional trainings, and people get experience while they are taking the courses. DIRECT QUESTIONS REGARDING THIS RULE TO: - Leslie Johnson by phone at 801-273-6636, by FAX at 801-273-0744, or by Internet E-mail at lesliejjohnson@utah.gov EFFECTIVE: 07/29/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090815/32855.htm No. 32846 (5-year Review): R426-13. Emergency Medical Services Provider Designations. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule is a basis for defining what types of providers may be designated to perform emergency medical service response and care. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Guy Dansie by phone at 801-273-6671, by FAX at 801-273-4165, or by Internet E-mail at gdansie@utah.gov EFFECTIVE: 07/28/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090815/32846.htm No. 32847 (5-year Review): R426-14. Ambulance Service and Paramedic Service Licensure. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule has been modified as needed through the department processes including input from the public and the EMS Committee. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Guy Dansie by phone at 801-273-6671, by FAX at 801-273-4165, or by Internet E-mail at gdansie@utah.gov EFFECTIVE: 07/28/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090815/32847.htm No. 32848 (5-year Review): R426-15. Licensed and Designate Provider Operations. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule defines the criteria for licensed and designated providers. Criteria defines the type of service, consistency, quality, and ensures public safety. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Guy Dansie by phone at 801-273-6671, by FAX at 801-273-4165, or by Internet E-mail at gdansie@utah.gov EFFECTIVE: 07/28/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090815/32848.htm No. 32849 (5-year Review): R426-16. Emergency Medical Service Ambulance Rates and Charges. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule is a basis for establishing statewide maximum rates and charges for ambulance and paramedic services. The process for fair and equitable rates is used by the Department for this purpose. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Guy Dansie by phone at 801-273-6671, by FAX at 801-273-4165, or by Internet E-mail at gdansie@utah.gov EFFECTIVE: 07/28/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090815/32849.htm Human Services Recovery Services No. 32844 (5-year Review): R527-38. Unenforceable Cases. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The federally mandated case closure criteria is still in effect and does not appear in state statute, so the rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - LeAnn Wilber by phone at 801-536-8950, by FAX at 801-536-8833, or by Internet E-mail at lwilber@utah.gov EFFECTIVE: 07/28/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090815/32844.htm Public Safety Homeland Security No. 32854 (5-year Review): R704-1. Search and Rescue Financial Assistance Program. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule should be continued because it is required by Subsection 53-2-107(7) and there have been no written comments received since the last five-year review of the rule from interested persons opposing the rule. DIRECT QUESTIONS REGARDING THIS RULE TO: - Kris Hamlet by phone at 801-538-9953, by FAX at 801-538-3770, or by Internet E-mail at khamlet@utah.gov EFFECTIVE: 07/29/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090815/32854.htm 5. NOTICES OF RULE EFFECTIVE DATES After a Proposed Rule or a Change in Proposed Rule has been published, and after any comment period has ended, the agency promulgating the rule may notify the Division of Administrative Rules of the effective date of the rule. A Notice of Effective Date may provide for an effective date that after the public comment period designated by the agency, no fewer than 31 days nor more than 120 days from the publication date. Failure to file a Notice of Effective Date within 120 days from its publication results in the rule lapsing and the agency must start the publication process over. Notices of Effective Date are governed by Subsection 63G-3-301(9), and Subsection R15-4-5. Commerce Occupational and Professional Licensing No. 32680 (AMD): R156-70a. Physician Assistant Practice Act Rules Published: 06/15/2009 Effective: 07/23/2009 No. 32675 (AMD): R156-71. Naturopathic Physician Practice Act Rule Published: 06/15/2009 Effective: 07/23/2009 Health Health Care Financing, Coverage and Reimbursement Policy No. 32688 (REP): R414-7D. Intermediate Care Facility for the Mentally Retarded Transition Project Published: 06/15/2009 Effective: 07/22/2009 No. 32660 (AMD): R414-60B-4. Service Coverage Published: 06/01/2009 Effective: 07/22/2009 No. 32666 (AMD): R414-303-10. Refugee Medicaid Published: 06/01/2009 Effective: 07/22/2009 Health Systems Improvement, Emergency Medical Services No. 32689 (AMD): R426-12. Emergency Medical Services Training and Certification Standards Published: 06/15/2009 Effective: 07/29/2009 Human Services Aging and Adult Services No. 32654 (R&R): R510-104. Nutrition Programs for the Elderly (NPE) Published: 06/01/2009 Effective: 07/21/2009 Natural Resources Wildlife Resources No. 32677 (AMD): R657-5. Taking Big Game Published: 06/15/2009 Effective: 07/27/2009 No. 32678 (AMD): R657-60. Aquatic Invasive Species Interdiction Published: 06/15/2009 Effective: 07/27/2009 6. RULES INDEX The Rules Index is a cumulative index that reflects all effective Utah administrative rules. The Rules Index is not included Digest. However, a copy of the current Rules Index is available http://www.rules.utah.gov/research.htm . <>