Section R414-502-3 - Approval of Level of Care(1) The Department shall document that at least two of the following factors exist when it determines whether an applicant has mental or physical conditions that require the level of care provided in a nursing facility or equivalent care provided through a Medicaid home and community-based waiver program: (a) due to diagnosed medical conditions, the applicant requires substantial physical assistance with daily living activities above the level of verbal prompting, supervising, or setting up;(b) the attending physician has determined that the applicant's level of dysfunction in orientation to person, place, or time requires nursing facility care, or equivalent care provided through a Medicaid home and community-based waiver program ; or(c) the medical condition and intensity of services indicate that the care needs of the applicant cannot be safely met in a less structured setting, or without the services and supports of a Medicaid home and community-based waiver program.(2) The Department shall determine whether at least two of the factors described in Subsection (1) exist by reviewing the following clinical documentation: (a) a current history and physical examination completed by a physician;(b) a comprehensive resident assessment completed, coordinated, and certified by a registered nurse;(c) a social services evaluation that meets the criteria in 42 CFR 456.370 and completed by a person licensed as a social worker, or higher degree of training and licensure;(d) a written plan of care established by a physician;(e) a physician's written certification that the applicant requires nursing facility placement; and(f) documentation indicating that less restrictive alternatives or services to prevent or defer nursing facility care have been explored.(3) If the Department finds that at least two of the factors described in Subsection (1) exist, the Department shall determine whether the applicant meets nursing facility level of care and is medically-approved for Medicaid reimbursement of nursing facility services or equivalent care provided through a Medicaid home and community-based waiver program. Meeting medical eligibility for nursing facility services does not guarantee Medicaid payment. Financial eligibility and other home and community-based waiver targeting criteria apply.(4) During the Coronavirus (COVID-19) public health emergency period, an individual may temporarily meet nursing facility level of care for a period of illness, if the individual: (a) is COVID-19 positive;(b) is experiencing active COVID-19 symptoms; or(c) is admitting directly from: (i) a licensed, assisted living facility;(ii) a licensed intermediate care facility for people with intellectual disabilities; or(iii) an acute care, inpatient hospital.Utah Admin. Code R414-502-3
Amended by Utah State Bulletin Number 2020-19, effective 9/22/2020Amended by Utah State Bulletin Number 2023-22, effective 10/30/2023