Proposed State Rules
AHCCCS proposed rules are published in the Arizona Administrative Register (A.A.R.) for public review. To compare the following Proposed Rule language to Final Rule, please see corresponding topic when finalized at: http://www.azahcccs.gov/PlansProviders/CurrentProviders/State/unpublishedrules.html
Note: Information provided in PDF files.
2015
Graduate Medical Education Fund (GMEF)
Thursday August 20, 2015
The AHCCCS Administration is proposing to amend A.A.C. R9-22-712.05 modify the method of allocating funds for indirect GME costs to permit payments that will cover a greater portion of the costs reported by the GME programs. Pursuant to A.R.S. § 36-2903.01(G)(9), certain public entities are permitted to transfer funds to the AHCCCS Administration to support these payments.
- Notice of Proposed Rulemaking: Title 9. Health Services, Chapter 22. AHCCCS
- Comment Period Ends: October 13, 2015, 5 p.m.
- To Submit Comment: Comment on Proposed Rule
- Public Hearing: October 13 2015, 12 p.m.
- Response to Comments re: GME Proposed Rule : Posted October 20, 2015
Rural Hospital Inpatient Fund (RHIF)
Friday August 14, 2015
The AHCCCS Administration is proposing to amend A.A.C. R9-22-712.07 to fix an unintended effect of recent budget bills, eliminate Disproportionate Share Hospital (DSH) payments from the Rural Hospital Inpatient Fund (RHIF) calculation, and to make RHIF clarifications consistent with the current protocol.
- Notice of Proposed Rulemaking: Title 9. Health Services, Chapter 22. AHCCCS
- Comment Period Ends: October 5, 2015, 5 p.m.
- To Submit Comment: Comment on Proposed Rule
- Public Hearing: October 5 2015, 1 p.m.
Hospital Assessment SFY 2016
Monday June 15, 2015
A.R.S. 36-2901.08 authorizes the Administration to establish, administer and collect an assessment on hospital revenues,
discharges or bed days for funding a portion of the nonfederal share of the costs incurred beginning January 1, 2014, associated
with eligible persons added to the program by A.R.S. 36-2901.01 and 36-2901.07. It is the agencys objective to assess only so
much as is necessary to meet the estimated costs associated with the projected populations referenced in the statute. As such, it
is necessary for the Administration to adjust the assessment from time to time as the Administration obtains new information to
update estimations of the number of eligible persons and projections of the costs anticipated to provide coverage for those persons.
The Administration is proposing a new rule to update the figures to be used as of July 1, 2015 for collecting the assessment on hospitals.
- Comment period ended - see Final Rule
- Notice of Proposed Rulemaking: Title 9. Health Services, Chapter 22. AHCCCS
- AZ Assessment Model - SFY 2016
- Comments on Hospital Assessment SFY 2016 : Posted July 20, 2015
CRS Children's Rehabilitative Services Rev 2015
Friday June 12, 2015
The AHCCCS Administration is proposing to amend the current CRS rules to more precisely delineate those conditions which
qualify for CRS medical eligibility as well as those conditions which do not qualify for CRS medical eligibility.
It is expected that the rules will specify additional conditions that qualify for CRS medical eligibility due to
the complexity of the medical condition and the need for active treatment by multiple medical specialists. Additionally,
the proposed rules will clarify those medical conditions that do not qualify for CRS eligibility due to their acute nature.
In those situations, members will have choice of available acute Contractors where the primary care physician can refer
the member to a specialist to effectively manage the member's condition whenever necessary.
- Notice of Proposed Rulemaking: Title 9. Health Services, Chapter 22. AHCCCS
- Comment period ended - see Final Rule
- Public Hearing: July 13 2015, 10 a.m.
- Response to Comments re: CRS Proposed Rule : Posted July 22, 2015
Hospital Assessment Amendment 2015
Friday March 13, 2015
A.R.S. 36-2901.08 authorizes the Administration to establish, administer and collect an assessment on hospital revenues,
discharges or bed days for funding a portion of the nonfederal share of the costs incurred beginning January 1, 2014, associated
with eligible persons added to the program by A.R.S. 36-2901.01 and 36-2901.07. It is the agency's objective to assess only so
much as is necessary to meet the estimated costs associated with the projected populations referenced in the statute. As such, it
is necessary for the Administration to adjust the assessment from time to time as the Administration obtains new information to
update estimations of the number of eligible persons and projections of the costs anticipated to provide coverage for those persons.
The Administration is proposing a new rule to update the figures to be used as of April 1, 2015 for collecting the assessment on hospitals.
- Notice of Proposed Rulemaking: Title 9. Health Services, Chapter 22. AHCCCS
- Comment period ended - see Final Rule
- AZ Assessment Model SFY 2015
- 2015 4th Quarter Payment
Incontinence Brief Coverage
Thursday March 12, 2015
This rulemaking is required as a result of the May 2014 Ninth Circuit Court of Appeals Decision
in Alvarez et al v Betlach. Litigation challenging AHCCCS coverage of incontinence briefs for
members in the ALTCS Program was filed in federal court in 2009 by the Arizona Center for
Disability Law. The lawsuit sought to compel AHCCCS to provide incontinence briefs and supplies to
members in the Arizona Long Term Care Program who were age 21 years and older and who were incontinent
as a result of their disabilities in order to prevent skin breakdown. The current rule applicable to
this population limits coverage of incontinence briefs for members age 21 and older to circumstances
when medically necessary to treat a medical condition, such as an infection, but not for preventive
purposes. The Ninth Circuit Court of Appeals determined that AHCCCS is required to provide coverage of
incontinence briefs prescribed for members in the Arizona Long Term Care Program who are 21 years of
age and older when medically necessary to prevent skin breakdown and infection.
- Notice of Proposed Rulemaking: Title 9. Health Services, Chapter 28. AHCCCS
- Comment period ended - see Final Rule
- Public Hearing: May 4, 2015, 10 a.m.
- Comments on Proposed Rulemaking
BH Inpatient Payment Responsibility Comment Period Closed
Friday November 11, 2014
The Administration is proposing a rulemaking to clarify an issue that has been identified
through the administrative hearing process regarding contractor responsibility for covering
inpatient hospital services when both medical and behavioral health services are provided
during the same hospital stay. The proposed rule will clarify the reimbursement methodology.
The Administration is proposing to clarify through rule, its existing policy that the RBHA is
responsible for all inpatient hospital services if the principle diagnosis on the hospital
claim is a behavioral health diagnosis. Those claims will be paid in accordance with a per
diem fee schedule developed by ADHS and approved by AHCCCS. Hospital claims that do not have a
behavioral health diagnosis as the principle diagnosis will be paid by the acute care contractor
using the DRG payment methodology. This proposed amendment will benefit hospitals by clarifying
to whom claims should be submitted and the amount of reimbursement that the hospital can expect.
The Administration intends to initiate and implement this clarification as soon as possible to
reduce billing disputes between hospitals and health plans and to reduce unnecessary
administrative hearings arising from those disputes.
- Comment period ended - see Final Rule
- Public Hearing: January 05, 2015, 2 p.m.
- Notice of Proposed Rulemaking: Title 9. Health Services, Chapter 22. AHCCCS
- Comments on Proposed Rulemaking
2014
TPL Cost Avoidance
Monday September 22, 2014
The Administration is conducting a rule-making necessary to conform AHCCCS rules to federal
requirements regarding the obligation of health care providers to bill other insurance
(when it is known to exist) before billing AHCCCS. With some exceptions, providers must bill
legally liable third parties (like private insurance) before billing AHCCCS. However, federal
regulations state that in certain circumstances – such services provided to children and
pregnant women – AHCCCS must pay the provider then AHCCCS or its contractors must seek reimbursement
from the third party. In addition, there are a few federal exception to the general rule that AHCCCS
is the payor of last resort; for example, AHCCCS must assume primary responsibility for payment
for services covered through the Indian Health Service or medical services that are provided through
schools under the federal Individuals with Disabilities Education Act.
- Comment period ended - see Final Rule
- Public Hearing: November 10, 2014, 11 a.m.
- Notice of Proposed Rulemaking: Title 9. Health Services, Chapter 22. AHCCCS
FPEP Family Planning Extension Program
Friday September 11, 2014
The Administration proposes a rule-making to repeal rules related to the Family Planning Services Extension Program (FPEP) as authorized by A.R.S. 36-2907.04 subject to the approval of a waiver from the federal government necessary to implement the program. This program provided coverage for family planning services to women who were eligible for AHCCCS during their pregnancy for a two year period following the end of their pregnancy. The federal waiver authorizing these extended benefits ended on December 31, 2013.
- Comment period ended - see Final Rule
- Public Hearing: November 3, 2014, 10 a.m.
- Notice of Proposed Rulemaking: Title 9. Health Services, Chapter 22. AHCCCS
Hospital Presumptive Eligibility (HPE) Comment period ended - see Final Rule
Wednesday August 6, 2014
The Administration is promulgating rules to comply with the Affordable Care Act of 2010, which added 42 USC 1396a(a)(47)(B), and 42
CFR 435.1110 which requires the State Medicaid agency to allow qualifying hospitals the option to determine presumptive eligibility
for Medicaid for certain individuals. This process is referred to as Hospital Presumptive Eligibility (HPE). These proposed rules
are to be effective January 1, 2015
- Comment Period Ends: September 29, 2014, 5 p.m.
- Public Hearing: September 29, 2014, 10 a.m.
- Notice of Proposed Rulemaking: Title 9. Health Services, Chapter 22. AHCCCS
Cost Sharing Part II 2014 Comment period ended - see Final Rule
Thursday July 31, 2014
Arizona Laws 2013, First Special Session, Chapter 10 (House Bill 2010) specified changes to the AHCCCS Program which require,
among other items, rule-making to establish cost sharing provisions consistent with federal law and the Federal regulations
which became effective January 1, 2014, in 42 CFR part 447.50, et seq. In this rulemaking, the Agency revised the current cost
sharing rules to delineate the mandatory copayment requirements for the new adult group described in R9-22-1427 (E) with
income above106% of the federal poverty guidelines (FPL) subject to CMS approval. In addition, this rulemaking clarifies that
members in the new adult group with incomes at or below 106% FPL are exempt from any copayments. These proposed rules also
clarify existing language, update cross-references, and include various non substantive changes.
Section 36 of this Law provides a rulemaking exemption: For a period of one year from the effective date of the Act, the AHCCCS
Administration is exempt from the Administrative Procedure Act 's rulemaking requirements for rules regarding cost sharing.
- Comment Period Ends: September 1, 2014, 5 p.m.
- Public Hearing: September 1, 2014, 10 a.m.
- Notice of Proposed Exempt Rulemaking: Title 9. Health Services, Chapter 22. AHCCCS
BH/ADHS Changes Comment period ended - see Final Rule
Thursday July 24, 2014
HB 2634 (Law 2011, Chapter 96) requires the Arizona Department of Health Services (ADHS) to reduce monetary or regulatory costs on persons or individuals receiving behavioral health services, streamline the regulation process, and facilitate licensure of integrated health programs that provide both behavioral and physical health services.
The Administration cross references ADHS rules and must update its rules to correctly reference changes made by ADHS. In addition, changes recommended during a 5 year review of these rules have also been made along with any technical changes required to make the rulemaking clear.
- Comment Period Ends: September 15, 2014, 5 p.m.
- Public Hearing: September 15, 2014, 10 a.m.
- Notice of Proposed Rulemaking: Title 9. Health Services, Chapter 22. AHCCCS
- Notice of Proposed Rulemaking: Title 9. Health Services, Chapter 28. AHCCCS
- Notice of Proposed Rulemaking: Title 9. Health Services, Chapter 31. AHCCCS
- Comments on ADHS/BH Rules
Hospital Assessment Amendment Comment period ended - see Final Rule
Thursday May 15, 2014
A.R.S. 36-2901.08, enacted by 2013 law, authorizes the Administration to establish, administer and collect an assessment on hospital revenues, discharges or bed days for funding a portion of the nonfederal share of the costs incurred beginning January 1, 2014, associated with eligible persons added to the program by A.R.S. 36-2901.01 and 36-2901.07. The Administration is proposing a new rule to update the figures to be used as of State Fiscal Year 2015 for the process for establishing, administering and collecting the assessment on hospitals, this new assessment pays for a full year for the expansion population.
Laws 2013, 1st Special Session, Chapter 10 added an exemption to the Administrative Procedure Act for purposes of the administration and implementation of the hospital assessment:
A.R.S. 41-1005 (A)(32) exempts the Administration from Title 41, Chapter 6 of the Arizona Revised Statutes (the Arizona Administrative Procedure Act) for purposes of implementing and establishing the hospital assessment; however, that provision requires the Administration to provide public notice and an opportunity for public comment at least thirty days before doing so.
Laws 2013, 1st Special Session, Chapter 10 provides:
Sec. 44. Intent; hospital assessment
It is the intent of the legislature that:
1. The requirement that the hospital assessment established pursuant to section 36-2901.08, Arizona Revised Statutes, as added by this act, be subject to approval by the federal government does not adopt federal law by reference.
- Comment Period Ends: June 15, 2014, 5 p.m.
- Notice of Proposed Rulemaking: Title 9. Health Services, Chapter 22. AHCCCS
Essential Health Care Benefits (EHB) or (AHB) Comment period ended - see Final Rule
Friday March 7, 2014
The Administration must conduct a rule-making to implement the elements of Arizona Laws 2013, First Special Session,
Chapter 10 (House Bill 2010), that relate to changes to covered services regarding well exams, and other cost-effective
services. In addition to “clean up†of rules related to scope of services, such as updating cross-references and
non-substantive changes to improve clarity. The provisions are necessary to comply with federal or state requirements.
- Comment Period Ends: April 28, 2014, 5 p.m.
- Public Hearing: April 28, 2014, 2 p.m..
- Notice of Proposed Rulemaking: Title 9. Health Services, Chapter 22. AHCCCS
DRG - Diagnostic Related Groups Comment period ended - see Final Rule
Friday March 7, 2014
Arizona Laws 2013, Chapter 202, section 3, amended A.R.S. 36-2903.01.G.12 to require the
AHCCCS administration to "adopt a diagnosis-related group based hospital reimbursement
methodology consistent with title XIX of the social security act for inpatient dates of
service on and after October 1, 2014." The statutory and regulatory provisions of
Medicaid (Title XIX of the Social Security Act) provide state 's significant flexibility
with respect to hospital reimbursement methodologies; however, the Medicaid Act, at
42 U.S.C. 1396a(a)(30)(A), requires that the State must adopt payment methodologies
"as may be necessary to safeguard against unnecessary utilization of such care and
services and to assure that payments are consistent with efficiency, economy, and
quality of care and are sufficient to enlist enough providers so that care and
services are available under the plan at least to the extent that such care and
services are available to the general population in the geographic area."
In addition, the choices reflected in this proposed rule were based other design considerations such as achieving budget neutrality (recognizing that funding is not unlimited the methodology was designed to be budget neutral compared to past aggregate reimbursement for these services) and adaptability (whether the methodology facilitates adapting to changes in utilization and future service models).
- Comment Period Ends: April 29, 2014, 5 p.m.
- Public Hearing: April 29, 2014, 10 a.m.
- Notice of Proposed Rulemaking: Title 9. Health Services, Chapter 22. AHCCCS
- Comments on DRG- Diagnostic Related Groups
- DRG Rule After Comments
Nursing Facility Assessment Amendment 2 | Comment period ended - see Final Rule
Friday February 28, 2014
A.R.S. 36-2999.52 authorizes the Administration to administer a provider assessment on health care
items and services provided by nursing facilities and to make supplemental payments to nursing
facilities for covered Medicaid expenditures. The Administration is proposing an amendment to rule
to revise the process for calculating the nursing facility assessment using Uniform Accounting
Report data submitted to the Arizona Department of Health Services and amending the dollar amounts
used to calculate the assessment. In addition, the proposed rules update terminology and clarify
language in both the assessment and supplemental payment sections so that the methodology is more
concise and understandable.
- Comment Period Ends: April 21, 2014, 5 p.m.
- Notice of Proposed Rulemaking: Title 9. Health Services, Chapter 28. AHCCCS
- Comments on NF Assessment Amendment 2
Hospital Assessment | Comment period ended - see Final Rule
Friday December 13, 2013
A.R.S. 36-2901.01, adopted by Initiative Measure Proposition 204 in the 2000 general election, includes individuals with
income up to 100% of the federal poverty level as part of the definition of persons eligible for health care coverage through
AHCCCS. Due to the lack of available funding, effective July 8, 2011, the Administration closed the program to new enrollment
for persons described by A.R.S. 36-2901.01 who were not also described in the Arizona State Plan for Medicaid.
Arizona Laws 2013, 1st Special Session, Chapter 10, Section 5, added A.R.S. 36-2901.07, which expanded the definition of
eligible persons to include individuals with income between 100% and 133% of the federal poverty level
A.R.S. 36-2901.08, also enacted in the same section of the 2013 law, authorizes the Administration to establish, administer
and collect an assessment on hospital revenues, discharges or bed days for funding a portion of the nonfederal share of the
costs incurred beginning January 1, 2014, associated with eligible persons added to the program by A.R.S. 36-2901.01 and
36-2901.07. The Administration is proposing a new rule to describe the process for establishing, administering and collecting
the assessment on hospitals. A.R.S. 41-1005 (A)(32) exempts the Administration from Title 41, Chapter 6 of the Arizona Revised
Statutes (the Arizona Administrative Procedure Act) for purposes of implementing and establishing the hospital assessment;
however, that provision requires the Administration to provide public notice and an opportunity for public comment at least
thirty days before doing so.
- Comment Period Ends: January 13, 2014, 5 p.m.
- Notice of Proposed Rulemaking: Title 9. Health Services, Chapter 22. AHCCCS
- Comments on Hospital Assessment
2013
Health Care Group Program | Comment period ended - see Final Rule
Friday November 22, 2013
Arizona Laws 2013, First Special Session, Chapter 10 (House Bill 2010), relates to the operation of the Arizona Health Care
Cost Containment System. That act made changes to the program which requires rulemaking repealing the Health Care Group
program.
This provision is necessary to comply with federal or state requirements that contain dates certain for compliance. The Health
Care Group program will no longer have an appropriation as described under A.R.S. 36-2912.01 and will cease to exist
January 1, 2014. New enrollment into Health Care Group ceased August 1, 2013.
- Comment Period Ends: December 30, 2013, 5 p.m.
- Public Hearing: December 30, 2013,10:30 a.m.
- Notice of Proposed Rulemaking: Title 9. Health Services, Chapter 27. AHCCCS
Cost Sharing | Comment period ended - see Final Rule
Friday November 22, 2013
Arizona Laws 2013, First Special Session, Chapter 10 (House Bill 2010) specified changes to the AHCCCS Program which require, among
other items, rule-making to establish cost sharing provisions consistent with federal law. In this rulemaking, the Agency revised the
current cost sharing rules to incorporate exemptions of certain populations from cost sharing requirements specified in final federal
regulations which will become effective January 1, 2014. In addition, this rulemaking repeals cost sharing requirements which apply to
AHCCCS Waiver populations which will no longer exist beginning January 1, 2014. To clarify cost sharing requirements generally, this
rulemaking also includes revision of language, updates to various cross-references, and non substantive changes. In the future, the
AHCCCS Administration intends to promulgate other cost sharing provisions in subsequent rulemakings
Section 36 of this Law provides a rulemaking exemption: For a period of one year from the effective date of the Act, the AHCCCS
Administration is exempt from the Administrative Procedure Act 's rulemaking requirements for rules regarding cost sharing.
However, a thirty day advance notice and public comment period are required.
- Comment Period Ends: December 26, 2013, 5 p.m.
- Public Hearing: December 26, 2013,10 a.m.
- Notice of Proposed Rulemaking: Title 9. Health Services, Chapter 22. AHCCCS
- Comments on Costsharing
Medicaid Eligibility Changes | Comment period ended - see Final Rule
Friday September 20, 2013
The Administration is promulgating rule amendments as result of the Affordable Care Act of 2010 and Arizona Laws 2013, First Special Session, Chapter 10 (House Bill 2010). Expansion of eligibility for: Children 6-18 to 133% of FPL, Former foster care children from ages 21 to 26, Childless adults up to 133% (including restoring Prop 204 populations – up to 100% - and adding 100-133% per ARS 36-2901.07); Income determinations based on “modified adjusted gross incomeâ€; Changes to processes for determining and redetermining eligibility including changes to accommodate on line applications and internet-based verification of income, citizenship and alien status, state residence, and other eligibility factors; and miscellaneous changes to clarify and conform to federal requirements. These proposed rules are to be effective January 1, 2014.
- Comment Period Ends: November 12, 2013, 5 p.m.
- Public Hearing: November 12, 2013,10:30 a.m.
- Notice of Proposed Rulemaking: Title 9. Health Services, Chapter 22. AHCCCS
- Notice of Proposed Rulemaking: Title 9. Health Services, Chapter 28. AHCCCS
- Notice of Proposed Rulemaking: Title 9. Health Services, Chapter 31. AHCCCS
- Comments on Medicaid Eligibility Changes Posted November 19, 2013
Prior Quarter Eligibility | Comment period ended - see Final Rule
Mon May 6, 2013
42 CFR 435.914 requires the Administration to provide Prior Quarter (PQ)
eligibility. A.R.S. 36-2903 (A) provides reimbursement responsibility for care
provided during an eligibility period. Currently, the Administration is waived
from providing PQ eligibility. The waiver expires December 31, 2013. The
Administration will need to implement prior quarter eligibility requirements
effective January 1, 2014.
- Comment Period Ends: July 1, 2013, 5 p.m.
- Public Hearing: July 1, 2013,10 a.m.
- Notice of Proposed Rulemaking: Title 9. Health Services, Chapter 22. AHCCCS
- Notice of Proposed Rulemaking: Title 9. Health Services, Chapter 28. AHCCCS
- Notice of Proposed Rulemaking: Title 9. Health Services, Chapter 29. AHCCCS
- Comments on Prior Quarter Rule : Posted July 23, 2013
Nursing Facility Assessment Amendment | Comment period ended - see Final Rule
Fri April 26, 2013
A.R.S. 36-2999.52 authorizes the Administration to administer a provider assessment on health care items
and services provided by nursing facilities and to make supplemental payments to nursing facilities for
covered Medicaid expenditures. The Administration is proposing an amendment to rule to describe the process
for estimating and distributing supplemental payments to contractors for enhanced payments to eligible
nursing facilities based on bed days paid for through managed care. The rule amendments also describe the
process for calculating and distributing the enhanced payments to eligible nursing facilities by the
Administration for bed days paid by the Administration. In addition, the rules clarify general requirements
applicable to nursing facilities in order for them to qualify for the supplemental payments.
- Comment Period Ends: June 18, 2013, 5 p.m.
- Public Hearing: June 18, 2013,10 a.m.
- Notice of Proposed Rulemaking: Title 9. Health Services, Chapter 28. AHCCCS
- Comments on Nursing Facility Assessment Amendment : Posted September 24, 2013
Children's Rehabilitative Services (CRS) | Comment period ended - see Final Rule
Fri April 19, 2013
The CRS program was administered by the Arizona Department of Health Services (ADHS) until SB1619 Arizona Laws 2011 Regular
Session was enacted directing the Administration to administer the CRS program. SB1619 specified that the existing CRS program
rules adopted by ADHS were left in effect "until superceded by rules adopted by [AHCCCS]." The Legislature enacted this change
as part of a larger initiative by ADHS and AHCCCS to better integrate conditions provided to medically eligible with CRS related
conditions while at the same time streamlining the administration of the program. Therefore, AHCCCS finalized rules to transition
the ADHS requirements under AHCCCS as published in the Arizona Administrative Register August 24, 2012 and Arizona Laws 2011,
Regular Session, Ch. 31, 34, exempted AHCCCS from the requirements of A.R.S. Title 41, Ch.6., these rules were promulgated
under exemption repealed, then repromulgated. SB1528 Laws 2012, Chapter 299, Section 7 repealed the rule-making exemption
authority and Section 8 stipulated that rules adopted through the previous year 's authority would expire December 31, 2013,
absent specific statutory authority for those rules.
- Comment Period Ends: June 10, 2013, 5 p.m.
- Public Hearing: June 10, 2013,11 a.m.
- Notice of Proposed Rulemaking: Title 9. Health Services, Chapter 22. AHCCCS
- Notice of Proposed Rulemaking: Title 9. Health Services, Chapter 28. AHCCCS
- Notice of Proposed Rulemaking: Title 9. Health Services, Chapter 31. AHCCCS
Hospital Rates and NonER transport copay | Comment period ended - see Final Rule
Fri April 12, 2013
After an evaluation of the Agency 's overall statutory authority regarding rates and copayments,
AHCCCS has determined to repromulgate these rules specifying specific statutory authority to continue
measures it previously enacted consistent with Laws 2012 Chapter 299 Section 8. The intent of the
rulemakings has not changed as what was described in the rulemakings posted.
- Comment Period Ends: June 3, 2013, 5 p.m.
- Public Hearing: June 3, 2013, 2 p.m.
- Notice of Proposed Rulemaking: Title 9. Health Services, Chapter 22. AHCCCS
Benefit Limits Repromulgation | Comment period ended - see Final Rule
Tue March 19, 2013
After an evaluation of the Agency 's overall statutory authority regarding covered services,
rates, and eligibility, AHCCCS has determined that it will re-promulgate certain rules
implementing “program changes†made pursuant to Laws 2011, Chapter 31, Section 34 by
identifying the specific statutory authority for the rules to ensure that the rules continue
beyond December 31, 2013 in accordance with Laws 2012, Chapter 299, Section 8.
Therefore, to ensure continuity of the rules previously adopted under Section 34, the AHCCCS Administration is re-promulgating the same rules which became effective October 1, 2011. No changes have been proposed to the language of the rules.
- Comment Period Ends: May 13, 2013, 5 p.m.
- Public Hearing: May 13, 2013, 11 a.m.
- Notice of Proposed Rulemaking: Title 9. Health Services, Chapter 22. AHCCCS
- Notice of Proposed Rulemaking: Title 9. Health Services, Chapter 28. AHCCCS
340B Pharmacy Pricing Rerun | Comment period ended - see Final Rule
Fri January 24, 2013
Due to recent legislative direction within Laws 2012, Chapter 299, Section 7 of the
bill repealed the rule-making authority and Section 8 stipulated that rules adopted
through the previous year 's authority would expire December 31, 2013 without specific
statutory authority.
After an evaluation of our overall statutory authority regarding covered services, rates and eligibility, AHCCCS has determined that it requires statutory changes to continue measures it enacted under the Chapter 299 authority that prohibits AHCCCS from continuing after December 31, 2013 any “program changes†made pursuant to Section 34 of Senate Bill 1619. Therefore, the Administration is re-promulgating rules in regard to the 340B program.
The Veterans Health Care Act of 1992 established the 340B program in section 340B of the Public Health Service Act (PHS Act). The 340B program requires drug manufacturers participating in Medicaid to provide discounted covered outpatient drugs to certain eligible health care entities, known as covered entities. Covered entities include disproportionate share hospitals, family planning clinics, and federally qualified health centers, among others as described under 42 U.S.C. 256b(a)(4). As of October 2010, approximately 15,000 covered-entity locations were enrolled in the 340B program.
The Health Resources and Services Administration (HRSA) administers the 340B program. In 2000, HRSA issued guidance directing covered entities to refer to State Medicaid agencies ' policies for applicable billing policies in regards to 340B claims. The Centers for Medicare and Medicaid Services (CMS), which administers the Medicaid program, does not require State Medicaid agencies to set 340B policies.
- Comment Period Ends: March 18, 2013, 5 p.m.
- Public Hearing: March 18, 2013, 1 p.m.
- Notice of Proposed Rulemaking