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.
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