DAR File No. 28968
Human Services, Aging and Adult Services
R510-200-2
Definitions
NOTICE OF PROPOSED RULE
DAR File No.: 28968
Filed: 08/29/2006, 09:59
Received by: NL
RULE ANALYSIS
Purpose of the rule or reason for the change:
The purpose of this amendment is to avoid duplication of service between Ombudsman Program and Adult Protective Services.
Summary of the rule or change:
The rule change designates whether Adult Protective Services or the Ombudsman Program is the responsible agency to investigate or provide services on a particular case.
State statutory or constitutional authorization for this rule:
Section 62A-3-106.5
Anticipated cost or savings to:
the state budget:
There is no anticipated cost or savings to the state. Existing funds will be used.
local governments:
There is no anticipated cost or savings to local government. All costs will be borne by the state using existing funds.
other persons:
There is no anticipated cost or savings to other persons or external entities, public or private organizations, as the state has the funds set aside to cover costs.
Compliance costs for affected persons:
There will be no compliance costs for any persons at an individual level. The state will cover any costs with existing funds.
Comments by the department head on the fiscal impact the rule may have on businesses:
The rule may have a positive fiscal impact on skilled nursing, and other long-term care facilities in that the Ombudsman program will have additional resources to provide training and mediation services to those facilities. Lisa-Michele Church, Executive Director
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:
Aging and Adult Services
120 N 200 W
SALT LAKE CITY UT 84103-1500
Direct questions regarding this rule to:
Kathleen Bailey at the above address, by phone at 801-538-3924, by FAX at 801-538-4395, or by Internet E-mail at kfbailey@utah.gov
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:
10/16/2006
This rule may become effective on:
10/23/2006
Authorized by:
Alan Ormsby, Director
RULE TEXT
R510. Human Services, Aging and Adult Services.
R510-200. Long-Term Care Ombudsman Program Policy.
R510-200-2. Definitions.
A. "AAA" means area agency on aging as designated by the Division of Aging and Adult Services.
B. "APS" means adult protective services.
C. The Division means the Division of Aging and Adult Services within the Utah Department of Human Services.
D. "Elderly resident" means an adult 60 years of age or older who resides in a long-term care facility.
E. Long-term ombudsman is a person, operating within the guidelines of the Older American Act and the policies of the Division, who advocates for residents of long-term care facilities to ensure the quality and adequacy of care received.
F. "Local LTCO" means the local program and personnel designated by the Division, through each AAA, to implement the (LTCO) Program within a defined geographic area.
G. "Responsible Agency" means the agency responsible to investigate or provide services on a particular case.
[G]H.
"State LTCO" means long-term care ombudsman personnel within
the Division.
[H]I.
"Long-Term Care Facility" means any skilled nursing facility
intermediate care facility, nursing home, residential care facility, adult
foster care home, or any living arrangement in the community through which room
and personal care services are provided for elderly residents.
KEY: elderly, ombudsman, LTCO
Date of
Enactment or Last Substantive Amendment:
[1994]2006
Notice of Continuation: November 1, 2002
Authorizing, and Implemented or Interpreted Law: 62A-3-201 to 8; 62A-3-104
ADDITIONAL INFORMATION
PLEASE NOTE:
- Text to be deleted is struck through and surrounded by brackets (e.g.,
[
example]). Text to be added is underlined (e.g., example). Some browsers may not depict some or any of these attributes on the screen or when the document is printed. - Please see the DISCLAIMER regarding information available from state web pages.
For questions regarding the content or application of this rule, please contact Kathleen Bailey at the above address, by phone at 801-538-3924, by FAX at 801-538-4395, or by Internet E-mail at kfbailey@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.