DAR File No. 28037

Human Services, Services for People with Disabilities

R539-7

Home Based Services

NOTICE OF 120-DAY (EMERGENCY) RULE

DAR File No.: 28037
Filed: 06/20/2005, 11:13
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The change is proposed after a comprehensive revision and consolidation of the Division's rules.

Summary of the rule or change:

The changes involve repealing the current rule and placing these service descriptions in the Provider's service contracts with the Division. This rule is repealed in its entirety.

State statutory or constitutional authorization for this rule:

Sections 62A-5-102 and 62A-5-103

Anticipated cost or savings to:

the state budget:

None--This revision does not alter the basic operations or functions of the Division and, therefore, does not result in either cost or savings to the state. Repealing the rule will make the Division eligible for a new grant award of $80,000,000.

local governments:

None--Local government funding is not used. Therefore, there is no cost to local governments.

other persons:

None--This revision does not alter the basic operations or functions of the Division, and therefore, does not result in either cost or savings to other persons.

Compliance costs for affected persons:

None--This revision does not alter the basic operations and functions of the Division. Provider requirements now appear in their current service contracts. This does not result in either cost or savings to Providers or other affected persons.

Comments by the department head on the fiscal impact the rule may have on businesses:

None--This revision does not alter the basic operations or functions of the Division. Provider requirements now appear in their current service contracts. This does not change the fiscal impact on service providers.

Emergency rule reason and justification:

This rule is in conflict with federal requirements for Medicaid waiver grants. The federal reviewers have indicated that the current rule could adversely affect awarding an $80,000,000 grant to the Division.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Steven Bradford at the above address, by phone at 801-538-4197, by FAX at 801-538-4279, or by Internet E-mail at sbradford@utah.gov

This rule is effective on:

06/20/2005

Authorized by:

George Kelner, Director

RULE TEXT

R539. Human Services, Services for People with Disabilities.

[R539-7. Home Based Services.

R539-7-1. Family Training and Assistance.

A. Policy.

Family Training and Assistance provides direct supports/services to families of people with disabilities so that the family can live as much like other families as possible, and enhance their ability to meet the many needs of their family member with a disability. The supports/services that a family receives shall be determined by the individual and family, based on their culture, values, preferences, and specific needs any given time.

B. Procedures.

1. Family Training and Assistance can involve any number or types of supports/services. These supports/services may address not only the needs of the person with a disability, but other family members as well. The main goals of Family Training and Assistance supports/services are:

a. To keep families together until the person with a disability chooses to live independently.

b. To allow the family to participate fully in the community.

c. To make a positive difference in the life of a person with a disability as well as the lives of all family members.

d. To minimize the need and cost of out-of-home placement.

2. Procedures may vary among Division regional offices, but will remain consistent with:

a. The region staff will determine the individual's eligibility according to R539-1-1, Eligibility for Services, and a region case manager will complete an assessment of supports/services needed by the individual and the family.

b. If the family has chosen:

(1) a provider agency, the case manager will ensure that the agency has a contract and is certified according to R539-6-7, Licensing and Certification, and R539-6-4, Training Requirements for Family Support and Respite Care Providers.

(2) a parent choice provider, the case manager will ensure that the form 945, Purchase of Individual Family Support Agreement, is signed and that any requested screening has been completed and that a provider file has been completed on each parent choice provider according to R539-6-7, Licensing and Certification.

R539-7-2. Respite Services.

A. Policy.

The Division of Services for People with Disabilities will contract to provide respite services for individuals with disabilities who are living in their family home, in Professional Parent homes, or are eligible individuals living in a foster care setting. The purpose of respite is to provide intermittent, time limited care to eligible individuals to enable parents and primary caretakers relief from the demands of parenting and living with a person with disabilities.

B. Procedures.

1. Respite care services should offer the least possible departure from the normal patterns of living, while still being effective in meeting the person's needs. Agency respite providers shall comply with R539-6-4, Training Requirements for Family Support and Respite Care Providers, and R539-6-7, Licensing and Certification. Respite services may be provided at an hourly or daily rate, and respite may be provided in-home or out-of-home.

a. The hourly rate is used when respite is provided up to no more than six hours/day.

b. The daily rate is used when respite is provided over six hours/day.

c. In-Home Respite Care services are provided in the home of the individual with a disability. Family members may or may not be at home during this time. Respite care providers are specially trained and skilled persons who come into a family's home to care for a family member with disabilities. The services provided shall depend entirely on the needs of the families and family members involved.

d. Out-of-Home Respite Care services are provided in the private home of the respite provider. In rare situations and upon approval of the Emergency Services Management Committee and the region office, care may be provided in a nursing facility or specialized facility designed to provide respite care.

2. The Provider will coordinate the delivery of respite services to be provided with the region case manager, family member or primary caretaker, and person with a disability.

3. The Provider will document and report to the region case manager the individual's response to the respite placement and will coordinate with any applicable Individual Family Support Plan outcomes.

4. The Provider will maintain documentation of injuries and accidents.

5. No more than two individuals with disabilities will be served by any respite provider at any one time, unless the region director has reviewed the Individual's Family Support Plan and has approved the provider to serve additional persons; however, the number of individuals with disabilities served by a respite provider at any one time shall never exceed four individuals.

R539-7-3. Educational Services.

A. Policy.

Educational services provide opportunities for Division eligible adults to obtain education instruction, individual tutoring, and the opportunity to participate in generic educational classes or seminars that will enhance their life and support them to learn and maintain the life skills necessary to succeed in an inclusive society.

B. Procedures.

1. The provider will have applicable credentials or license for providing the educational service desired.

2. The individual will have a statement of need for the educational service in his/her plan of care.

3. If the individual receives this service funded through the Home and Community-Based Waiver, then the individual shall have the following documentation in their individual file:

a. That this service is not otherwise available under a program funded under the Rehabilitation Act of 1973 or Public Law 94-142; and

b. That the individual has been deinstitutionalized from a nursing facility or intermediate care facility, at some prior time.

4. The provider will comply with Division and Department requirements for working with persons with disabilities.

R539-7-4. Personal Assistance Services.

A. Policy.

The Personal Assistance Services program provides adults with physical disabilities the maximum control to live as independently as possible in their choice of home, community and daily activities by providing funding to purchase assistant services. Personal Assistance Services are provided in the recipient's own home or apartment, or community.

B. Procedures.

1. Personal Assistance Services include all activities of daily living necessary to maintain well-being, personal appearance, comfort, safety and interactions within the community.

2. Each participant recruits and hires the person(s) to perform the needed attendant services.

3. The participant trains and supervises all activities performed by their employee(s) and has full responsibility for reimbursement, including payment of taxes.

4. The use of Personal Assistance Services Funds for any purpose other than to purchase or arrange for attendant services may result in suspension or discontinuation of Personal Assistance Services benefits.

5. Each participant will be reviewed annually by the Division specialist to determine satisfaction with existing services and to evaluate the continuing level of needed services.

6. Monthly benefit amounts shall be determined according to the number of hours of personal assistance provided through the Division not to exceed 84 hours per week unless approved by the Division Director.

R539-7-5. Child Care Services.

A. Policy.

The Division of Services for People with Disabilities may provide supplemental funding for child care for children with disabilities 12 years old and younger who are eligible for Division services and who are living with family; or funding for Latch key services-supervision to children with disabilities 13 years of age and older who are eligible for Division services, who are living with family, and whose parents are working or going to school. Latch Key services may be provided only when no other education or child care programs are available.

B. Procedures.

1. Child care providers shall meet the child care licensing or certification requirements in accordance with R539-6-7, Licensing and Certification.

2. Parents are responsible to ensure that the basic fee for child care is paid to the provider of services. Child care providers receiving supplemental child care must write a plan of care, indicating the additional services the child will receive, which will be added to the child's Individual Family Support Plan in accordance with the Division's Policy #302.1, Individual Family Support Plan.

3. Latch Key services shall be provided under contract between the region and child care providers at the approved Division rate. Latch Key providers must write a plan of care, indicating the services the child will receive, which will be added to the child's Individual Family Support Plan in accordance with Division Policy #302.1, Individual Family Support Plan.

KEY: disabled persons*, social services

March 18, 1996

Notice of Continuation December 18, 2002

62A-5-103]

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Steven Bradford at the above address, by phone at 801-538-4197, by FAX at 801-538-4279, or by Internet E-mail at sbradford@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.