DAR File No. 30718

Human Services, Child and Family Services

R512-50

Fee Collection for Clients Served by Pre-School Day Treatment Contract

NOTICE OF PROPOSED RULE

DAR File No.: 30718
Filed: 11/13/2007, 09:04
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being repealed because it pertained to one specific program and contract which is no longer valid because that program has been discontinued.

Summary of the rule or change:

This rule will be repealed in its entirety and will no longer be effective.

State statutory or constitutional authorization for this rule:

Sections 62A-1-111 and 62A-4a-102

Anticipated cost or savings to:

the state budget:

There will be no costs or savings to the state budget because services will be provided within the current budget.

local governments:

There will be no cost or savings to local government because this rule does not apply to local government.

small businesses and persons other than businesses:

There will be no cost or savings to small businesses and persons other than businesses because it was determined that the families affected by this rule change will not see an increase in costs or savings.

Compliance costs for affected persons:

The families affected by this rule change will not see an increase in costs or savings.

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

There will be no impact on businesses. 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
Child and Family Services
120 N 200 W
SALT LAKE CITY UT 84103-1500

Direct questions regarding this rule to:

Carol Miller at the above address, by phone at 801-538-4451, by FAX at 801-538-3993, or by Internet E-mail at CAROLMILLER@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:

12/31/2007

This rule may become effective on:

01/08/2008

Authorized by:

Duane Betournay, Director

R512. Human Services, Child and Family Services.

[R512-50. Fee Collection for Clients Served by Pre-School Day Treatment Contract.

R512-50-1. Fee Collection for Clients Served by Pre-School Day Treatment Contract.

A. It is the responsibility of the Regional Offices to collect fees from the parents or guardians receiving services funded by the Division.

B. The first and last month's fee will be pro-rated if the client receives less than a full month's service.

C. The fee shall be pro-rated when the Individual Program Plan stipulates that a client receive less than a full service, as defined in the contract.

D. After the first month of service, a parent or guardian is responsible to pay the entire assessed fee, regardless of the number of days the client attends. However, the fee collected shall not be in excess of the actual cost of the service. Only one fee for Title XX Services will be paid by the family even though they receive various services from several agencies. Generally, the first fee assessed will be collected. If there is a choice, the highest fee assessed will be collected.

E. In the event a request is made for a fee waiver, the following information should be submitted to the Director of the Division of Child and Family Services (DCFS) for approval with appeal to the DCFS Board:

1. Number in family and ages.

2. Verified net income.

3. Verified medical expenses.

4. Any other extenuating circumstances.

F. Regional Offices are not required to issue monthly statements.

G. Parents or guardians who claim to be financially unable to pay assessed fee may request waiver or reduction of the fee. The request shall be processed through the Regional Director to the Director of DCFS. The reasons for the request shall be in writing and shall include all supporting information.

H. Regions will use the following procedures if the parent or guardian fails to pay the fee:

1. Fee payments are due the first day of each month for the previous month's services.

2. If fee payment is not received by the 15th of the month, a notice is mailed to parent or guardian, informing them their case will be referred to the Office of Recovery Services (ORS) if they do not bring their fee current or make arrangements to bring the fee current within ten days.

3. If fee payment is 30 days past due, the case will be referred to ORS for collection. Service shall not be interrupted.

4. After closure, any remaining balance will be referred to ORS and the case will be closed in the Regional Office.

I. An appeal of any decision shall follow existing policy for Fair Hearings. If a parent or guardian is in process of making an appeal, services shall not be terminated.

 

KEY: social services, fees, eligibility*

Date of Enactment or Last Substantive Amendment: 1990

Notice of Continuation: December 13, 2002

Authorizing, and Implemented or Interpreted Law: 62A-1-111]