53-6-196. Performance-based rulemaking -- privacy exemption. (1) Except for rules implementing rate increases or implementing federal law or regulation, the notice of a proposed rule concerning the delivery of medicaid services by the department must include, in addition to the other requirements under this chapter:

(a) a determination of whether the principal reasons and rationale for the rule can be assessed by performance-based measures and, if such an assessment can be made, the method the department will use to measure whether or not the principal reasons and the rationale for the intended action of the rule, as provided by 2-4-305(6)(b), are successfully achieved, including any data collection methods or metrics if applicable; and

(b) the period over which the intended outcomes will be measured, including any measurement intervals, if applicable.

(2) (a) No later than 1 year after the effective date of the rule subject to subsection (1), the department shall prepare a concise statement of findings evaluating whether, using the data collection or metric identified in the rule proposal, the data collected after the rule's effective date indicated that the rule successfully achieved its intended outcomes. The department shall post the statement of findings on its website.

(b) The department is not under an obligation to report on any other variables that may have impacted the results of the data collection methods or metrics.

(3) The department is exempted from the reporting requirements of subsection (2)(a) to the extent that the requirements would require the publication of confidential information.

(4) The department may only use existing resources to fulfill the mandates of this section.