NOTICE OF SUBSTANTIVE CHANGE
TYPE OF FILING: Repeal and Readopt
1. Agency Information
Health and Human Services, Integrated Healthcare
Salt Lake City, UT 84114-3325
2. Contact Persons
Please address questions regarding information on this notice to the persons listed above.
3. General Information
A. Rule or section catchline:
R414-2A. Inpatient Hospital Services
B. Purpose of the new rule or reason for the change:
Based on an audit received from the Utah Office of Inspector General, the Department of Health and Human Services (department) determined this change is appropriate to clarify the 30-day readmission policy for Medicaid members admitted to inpatient hospitals.
C. Summary of the new rule or change:
To clarify the 30-day readmission policy for Medicaid members admitted to inpatient hospitals, the requirements of the repealed rule are updated and clarified in the readopted rule.
Updated language restructures rule authority, adds new definitions, clarifies eligibility requirements, restructures hospital admission requirements, restructures provisions for inpatient psychiatric care, updates coverage and limitations, updates routine and ancillary services, removes provisions for provider-preventable conditions, updates provisions for utilization control, updates provisions for cost sharing, and describes provisions to pay providers.
5. Fiscal Information
Provide an estimate and written explanation of the aggregate anticipated cost or savings to:
The department does not anticipate a fiscal impact to the state budget because the readopted rule solely clarifies existing guidance on when Medicaid would cover a 30-day hospital readmission to the same hospital or an affiliated hospital within 30 calendar days of discharge from a prior inpatient admission.
The department does not anticipate a fiscal impact to local governments because they neither fund nor provide inpatient hospital services under the Medicaid program.
C. Small businesses ("small business" means a business employing 1-49 persons):
The department does not anticipate a fiscal impact to small businesses because the hospital provisions in this rule do not apply to this group.
D. Non-small businesses ("non-small business" means a business employing 50 or more persons):
The department does not anticipate a fiscal impact to hospitals that are non-small businesses because the readopted rule solely clarifies existing guidance on when Medicaid would cover a 30-day hospital readmission to the same hospital or an affiliated hospital within 30 calendar days of discharge from a prior inpatient admission.
E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency):
The department does not anticipate a fiscal impact to other persons and entities because the readopted rule solely clarifies existing guidance on when Medicaid would cover a 30-day hospital readmission to the same hospital or an affiliated hospital within 30 calendar days of discharge from a prior inpatient admission.
F. Compliance costs for affected persons:
The department does not anticipate a fiscal impact on any single person or entity because the readopted rule solely clarifies existing guidance on when Medicaid would cover a 30-day hospital readmission to the same hospital, or an affiliated hospital within 30 calendar days of discharge from a prior inpatient admission.
6. Regulatory Impact Summary Table
Enter the cost or savings in the relevant cell. If there is no cost or savings, enter, "$0." If a cost or savings is inestimable, enter, "inestimable."
7. Regulatory Impact Analysis Approval
The Commissioner of the Department of Health and Human Services, Tracy S. Gruber, has reviewed and approved this regulatory impact analysis.
8. Family Impact Information
A. The agency has considered this rule's impact on family health, stability, and formation:
9. Citation Information
Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:
11. Public Notice Information
The public may submit written or oral comments to the agency identified in box 1.
A. Comments will be accepted until:
12. Effective Date Information
This rule change MAY become effective on:
(NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date)
13. Agency Authorization Information
Agency head or
designee and title:
Tracy S. Gruber, Commissioner
R414. Health and Human Services, Integrated Healthcare.
R414-2A. Inpatient Hospital Services.
[R414-2A-1. Introduction and Authority. (A) the provider shall refund the funds; or(B) the department may deduct an equal amount from a future reimbursement. (iii) Unless appealed, a provider shall refund Medicaid within 30 days of written notification. (e) When the department notifies a provider that the provider shall consolidate a readmission into a single episode of care payment, the provider shall: (i) cancel the separate claims; (ii) submit a consolidated claim reflecting the combined episode; and (iii) comply with timelines and billing instructions issued by the department. (11) The program shall conduct utilization review procedures for the Utah State Hospital (USH) in accordance with 42 CFR 456, Subpart D to ensure that Medicaid funds are expended appropriately and services to Medicaid members at USH are necessary and of high quality. (12) The program shall implement policies that apply to inpatient psychiatric care and inpatient rehabilitation services. (a) The program shall evaluate each readmission to an inpatient psychiatric or rehabilitation facility for clinical relatedness and preventability, as described in Subsection (5). (b) The program shall apply a single episode care of payment for any determination of a preventable readmission or planned readmission within these specialized settings, and the determination is subject to the documentation standards outlined in the Utah Medicaid Hospital Services provider manual. R414-2A-10. Cost Sharing. (1) A Medicaid member is responsible for cost sharing as established in the Utah Medicaid State Plan and Rule R414-1. (2) For readmissions consolidated into a single episode of care payment under Subsection R414-2A-9(6)(c), the Medicaid member may only be responsible for the cost sharing requirements associated with the initial admission. (3) A provider may not collect additional copayment from a Medicaid member for a readmission that the department determines to be a preventable readmission or a planned readmission. R414-2A-11. Reimbursement. (1) The department shall reimburse a provider for inpatient hospital services in accordance with Attachment 4.19-A of the Utah Medicaid State Plan. (2) For the purposes of determining a hospital length of stay, the day of admission is counted as a full day, and the day of discharge is not counted. (3) The department shall provide a single episode of care payment for a readmission determined to be a preventable readmission or planned readmission, as defined in Section R414-2A-2. (a) Any day between the initial discharge and the readmission is considered a non-covered day. (b) Each non-covered day between a discharge and a readmission is not eligible for separate reimbursement. (c) The department may not provide separate reimbursement for any portion of an episode that is a preventable readmission or planned readmission. (4) The department may not reimburse for a non-covered day, as defined in Section R414-2A-2, including any day lacking medical necessity or custodial care or used for patient convenience. (5) The department shall reimburse a 30-day readmission as a separate claim if: (a) the readmission is determined to be a non-preventable readmission; (b) the diagnosis falls under a specific exclusion category published in the Utah Medicaid Hospital Services provider manual; or (c) the department determines that separate reimbursement is more cost effective to the department than a single episode of care payment. (6) If a readmission involves a transfer between a DRG reimbursed unit and a non-DRG specialized unit within the same hospital, the department shall determine the primary reimbursement methodology for the combined episode. (7) Requirements for claim submission, reporting of a non-covered day, and other operational billing procedures are maintained in the Utah Medicaid Hospital Services provider manual. KEY: Medicaid
Date of Last Change: [November 10, 2023]2026 Notice of Continuation: September 14, 2022
Authorizing, and Implemented or Interpreted Law: 26B-1-213; 26B-3-108; 26B-3-110
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