Current through the 2023 Regular Session
Section 53-6-413 - Substantive changes to waiver provisions - rulemaking requirements - definition(1) The department may not make a substantive change to the services offered under an approved waiver or to the eligibility requirements or process for waiver participants unless the department: (a) adopts rules to implement the changes; and(b) if necessary, submits a waiver amendment to the centers for medicare and medicaid services and receives approval for the change.(2)(a) For the purposes of this section, "substantive change" means a change that: (i) reduces, limits, or otherwise establishes caps on the amount or duration of a service; or(ii) limits a person's ability to access waiver services.(b) The term includes but is not limited to changes requiring: (i) preauthorization before a service is provided;(ii) preauthorization before an individual is placed on the waiting list for services; or(iii) that services be used within a specific, shorter time period than previously allowed.Added by Laws 2021, Ch. 258,Sec. 1, eff. 4/20/2021.