53-6-413. Substantive changes to waiver provisions -- rulemaking requirements -- definition.
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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.
(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.