NOTICE OF EMERGENCY (120-DAY) RULE
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:
R414-303-10. Refugee Medicaid
B. Purpose of the new rule or reason for the change:
The purpose of this change is to implement a change in refugee assistance as mandated by the Office of Refugee Resettlement in the July 14, 2026, edition of the Federal Register, which can be viewed at: https://www.federalregister.gov/documents/2026/07/14/2026-14095/federal-register-notice-change-in-eligibility-period-for-refugee-cash-assistance-and-refugee-medical.
This change mandates that eligibility for refugee medical assistance be eight months upon entry into the United States.
The state is required to implement this change no more than 30 days from the publication of the federal mandate.
C. Summary of the new rule or change:
In accordance with the mandate set forth by the Office of Refugee Resettlement, this amendment increases medical assistance for refugees from four months to eight months upon entry into the United States.
(EDITOR'S NOTE: A corresponding proposed amendment is under ID 58144 in this issue, September 1, 2026, of the Bulletin.)
5. Emergency Rule Information
A. The agency finds that regular rulemaking would:
cause an imminent peril to the public health, safety, or welfare;
cause an imminent budget reduction because of budget restraints or federal requirements; or
place the agency in violation of federal or state law.
B. Specific reasons and justifications for this finding:
The Office of Refugee Resettlement published updated federal regulations establishing a 30-day implementation deadline for expanded refugee medical assistance eligibility.
As the standard administrative rulemaking process requires a public comment period and administrative review that exceeds 30 days, regular rulemaking cannot be completed before the federal deadline, and this emergency rule is necessary.
The Department of Health and Human Services (department) is planning to file a traditional proposed filing concurrently with this emergency rule to make these changes permanent and allow for public comment.
6. Fiscal Information
Provide an estimate and written explanation of the aggregate anticipated cost or savings to:
The department estimates a nominal cost of $500 to the state, based on extending Medicaid services from four months to eight months for three individual cases of refugees who would receive Medicaid services in Utah.
There are no anticipated savings to the state as a result of extending the timeline for refugee medical services eligibility.
There is no anticipated fiscal impact on local governments as they neither fund nor provide services under the Medicaid program.
C. Small businesses ("small business" means a business employing 1-49 persons):
There is no anticipated fiscal impact on small businesses as this amendment does not impose requirements or restrictions for small businesses.
D. Persons other than 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):
Medicaid providers or individuals who would otherwise pay out-of-pocket for medical services may see only a nominal increase in revenue totaling $500 with the increase of medical assistance to the three refugees who would qualify to receive extended Medicaid services in Utah as a result of this filing.
As this increase in revenue would cover provided services, there is no anticipated cost to these Medicaid providers or individuals.
E. Compliance costs for affected persons:
The only anticipated compliance cost for affected persons is the estimated $500 total the state is expected to pay for Medicaid services for three refugees in Utah who qualify for the extension.
For any other affected persons, the only result of this filing is increased revenue for a Medicaid provider or out-of-pocket savings for an individual who qualifies for expanded refugee medical assistance.
F. Comments by the department head on the fiscal impact this rule may have on businesses (Include the name and title of the department head):
The Commissioner of the Department of Health and Human Services, Tracy S. Gruber, has read and agrees with the above analysis of the anticipated fiscal impact of this filing on businesses.
7. 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:
9. Agency Authorization Information
Agency head or
designee and title:
Tracy S. Gruber, Commissioner
R414. Health and Human Services, Integrated Healthcare.
R414-303. Coverage Groups.
R414-303-10. Refugee Medicaid.
(1) The department applies this section in accordance with 45 CFR 400.90 through 400.107 and 45 CFR 401 relating to refugee medical assistance.
(2) The department may not apply child support enforcement rules.
(3) The department may not count the sponsor's income and resources or in-kind service or shelter provided by the sponsor.
(4) The department may not count cash assistance payments that a resettlement agency provides to a refugee.(5) A refugee may qualify for medical assistance for [four]eight months after entry into the United States. KEY: MAGI-based, coverage groups, former foster care youth, presumptive eligibility
Date of Last Change: [June 29,] 2026 Notice of Continuation: January 6, 2023
Authorizing, and Implemented or Interpreted Law: 26B-1-213; 26B-3-108
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