DAR File No. 29246

Human Services, Substance Abuse and Mental Health

R523-20-2

Providers' Application for Funding - Fee Collection Policy

NOTICE OF PROPOSED RULE

DAR File No.: 29246
Filed: 11/21/2006, 10:21
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

Before the merger of the State Divisions of Substance Abuse and Mental Health, each division had their own set of rules in the Utah Administrative Code, which in some cases covered the same subject. This fee section is one of those sections that is similar to one associated with mental health. This section is being deleted and moved to Section R523-1-5 to consolidate the Division's rules and update the rule to reflect current practices. (DAR NOTE: The proposed amendment to Section R523-1-5 is under DAR No. 29245 in this issue, December 15, 2006, of the Bulletin.)

Summary of the rule or change:

This section will be deleted and new language dealing with fees will be consolidated in Section R523-1-5. All substance abuse programs that receive funds from the Division of Substance Abuse and Mental Health have a fee policy. The new language for substance abuse will be the same as that for mental health which requires both entities to: 1) have a fee reduction plan based on the client's ability to pay, 2) set customary and usually fees, and 3) provide each client with a written explanation of the fee policy. The new language also provides the agencies with the ability to reduce fees in the case of financial hardship, and allows each program to make a reasonable effort to collect outstanding fees.

State statutory or constitutional authorization for this rule:

Subsection 62A-15-713(7) and Section 17-43-204

Anticipated cost or savings to:

the state budget:

Deleting this section will have no financial impact on the State's budget because the Division of Substance Abuse and Mental Health neither provides direct substance abuse services nor collects fees for services rendered.

local governments:

No cost savings to local governments are anticipated. The new language replacing this section requires each program to provide a written copy of its fee policy to all clients. This requirement will add a printing cost to all programs.

other persons:

Currently, all substance abuse programs collect fees when applicable and have a fee policy and sliding fee schedule. There is nothing in the new language replacing this section that would require the need for programs to increase fees to clients who are already paying a certain amount for services, or assess fees to clients who receive services now, and do not pay a fee.

Compliance costs for affected persons:

The only anticipated cost increase to organizations will come from the requirement that each client be given a written explanation of the fee policy. There could be a slight cost in printing a statement, but it would be difficult to determine the costs because of the number and size of various programs. Currently, clients are charged a fee for services, this rule would not change that procedure.

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

After careful review, the Department of Human Services has determined that this rule will have no financial impact on businesses in the state of Utah. 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:

Human Services
Substance Abuse and Mental Health
120 N 200 W
SALT LAKE CITY UT 84103-1500

Direct questions regarding this rule to:

Thom Dunford at the above address, by phone at 801-538-4519, by FAX at 801-538-9892, or by Internet E-mail at TDUNFORD@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:

01/15/2007

This rule may become effective on:

01/23/2007

Authorized by:

Mark I Payne, Director

R523. Human Services, Substance Abuse and Mental Health.

R523-20. Division Rules of Administration.

[R523-20-2. Providers' Application for Funding - Fee Collection Policy.

1. All programs receiving funds allocated by the Division of Substance Abuse and Mental Health shall prepare, as part of their application for funding, a fee collection policy. Fees collected by programs shall remain in their program and be used only in providing alcohol and drug services. Upon request by the Division each program shall submit a report to the Division which will include the total dollar amount of fees collected and services provided by the expenditure of these funds. Fees collected shall not be a reason to reduce federal and/or state funding.

]

KEY: substance abuse, financing of programs

Date of Enactment or Last Substantive Amendment: [November 5, 1997]2007

Notice of Continuation: June 5, 2002

Authorizing, and Implemented or Interpreted Law: 62A-15-105