This filing was published in the 04/15/2009, issue, Vol. 2009, No. 8, of the Utah State Bulletin.
Human Services, Aging and Adult Services.
Home and Community-Based Alternatives Services Policy and Procedures.
Authority and Purpose.
and Community-Based Alternatives Services are provided by Section 62A-3-104 and
the Older Americans Act, Title III B and Title III D. The Utah State Department
of Human Services is the umbrella agency with oversight responsibility for the
Division of Aging and Adult Services. Home and Community-Based Alternatives
Services are funded from several sources and administered by the Division of
Aging and Adult Services.
(a) Home and Community-Based Alternatives
Services provide a comprehensive array of quality client-centered services. The
services are delivered in a variety of community settings designed to provide a
choice of service delivery options to the client who can continue to live in
his own home, if his needs for social and medical services can be met. Home and
Community-Based Alternatives Services contribute to improving the quality of
life and help to preserve the independence and dignity of the recipient.
(b) The objective of the Older Americans Act
Title III B and III D Services is to provide services to the frail older
client, including the older client who is a victim of Alzheimer's disease and
related disorders with neurological and organic brain dysfunction, and to his
(1) Adult means an individual who is 18 years of
age or older.
(2) Aging and Aged means an individual who is 60
years of age or older.
(3) Agency means the designated Area Agency on
Aging or other subcontracting agency which may be selected by the Division, if
the designated Area Agency on Aging declines to be a contractor or has been
determined to be out of compliance with the contract.
(4) Assessment means a complete review of an
individual's current functional strengths and deficits, living environment,
social resources and care giving needs.
(5) Caregiver means an individual who has the
primary responsibility of providing care and/or supervision to an adult, three
or more times a week.
(6) Care Plan means a written plan which
contains a description of the needs of the client, the services necessary to
meet those needs, and the goals to be achieved.
(7) Case Management means assessment,
reassessment, determination of eligibility, development of a care plan, ongoing
documentation, arranging client-specific services, case recording, client
monitoring and follow-up.
8. DAAS Approved Assessment Instrument means a
document that meets minimum assessment criteria, as determined by DAAS, for
documenting the needs of individuals.
(9) Department means the Utah State Department
of Human Services.
(10) Director means the Director of the Agency.
(11) Division means the Utah State Division of
Aging and Adult Services.
(12) Emergency means that a disabled adult is at
risk of death or immediate and serious harm to self or others, as provided by
(13) Equipment, Rent or Purchase means rental or
purchase of equipment deemed necessary for the client's care.
(14) Home means an individual's place of
(15) Home Health Aide means basic assistance and
health maintenance by an Aide to individuals in a home setting under the
supervision of appropriate health care professionals.
(16) Homemaker means services which provide
assistance in maintaining the client's home environment and home management.
(17) Housekeeping Services means assistance with
vacuuming, laundry, dish washing, dusting, cleaning bathroom, changing bed
linen (unoccupied bed), cleaning stove and refrigerator, ironing, and garbage
disposal which relate to the client's well being.
(18) Home and Community-Based Alternatives
Services means a comprehensive array of services that are provided to an
individual, which enable him to increase self-sufficiency and to maintain his
(19) Protective Services means services provided
by the Division, including the services of guardian and conservator provided in
accordance with Title 75, Utah Uniform Probate Code, to assist persons in need
of protection to prevent or discontinue abuse, neglect, or exploitation until
that condition no longer requires intervention. The services shall be
consistent, if at all possible, with the accustomed lifestyle of the disabled
adult, as provided by Section 62A-3-301(12).
(20) Personal Care means assistance with
activities of daily living in a home setting, to an individual who is unable to
care for himself or when the caretaker is temporarily absent or requires
(21) Respite means a rest or relief for the
primary Caregiver from care giving burdens and responsibilities, to maintain
the Caregiver as the primary person delivering care giving activities.
(22) Risk Score means a score that reflects the
amount of risk an individual has of premature institutionalization. Risk is determined using a DAAS approved
assessment instrument that reflects a moderate to high degree of functional,
environmental, social resource and care giving needs by an individual.
(23) Screening Assessment means an instrument
that initially determines if an individual has a degree of functional
limitation that may potentially deem him eligible for Home and Community-Based
(24) Voluntary Contributions means a voluntary
donation of money that a client or the family pays and may be in addition to an
assessed fee for service.
(1) Home and Community-Based Alternatives
Services are funded by a variety of Federal, State and local community dollars,
program fees, voluntary and public contributions.
(2) The Older Americans Act Title III B and III
D Services are funded by Federal dollars allocated by Congress, State matching
funds, local matching funds and voluntary contributions.
(1) Services may be provided as funds permit to
eligible adults as determined by DAAS Policy and Procedures for Home and
Community-Based Alternatives Services.
(2) Older Americans Act Title III B and III D
Services may be provided to eligible Aging and Aged Adults, as specified under
Section 321, 341 and 342 of the Older Americans Act, 1965 as amended.
Agency may provide or provide for an array of home and community-Based
alternatives services, determined by assessment to be essential to maintain the
individual's independence in order for him to remain at home. These services
may include case management, homemaker, personal care, home health assistance,
skilled health care, respite, equipment rental or purchase, emergency response
systems or other services as needed.
Fees and Voluntary Contributions.
(1) Fees shall be assessed for all clients
receiving Home and Community-Based Alternatives Services. Fees are based on the
client's and spouse's adjusted income as determined by the DAAS Eligibility
Declaration Form and calculated against the Department's Fee Schedule.
(2) Older Americans Act Title III B and III D
Services participants shall not be assessed fees for receiving Older Americans
Act Title III B and Title III D funded services, as specified under Section
321, 341 and 342 of the Older Americans Act, 1965 as amended.
Service Provider Requirements.
and Community-Based Alternatives Services shall be provided through a public
agency or a private licensed Service Provider Agency with at least one year
experience in providing home support or home health services.
agency shall develop policy and procedures for the provision of a voucher
system of payment that may be available to the client who is able to manage the
provision of services specified in his care plan. Such policy and procedures
shall be developed in accordance to guidelines found in the Division's Home and
Community-Based Alternatives Services Procedure Manual.
initiation of a DAAS approved Screening Assessment to establish a risk score
shall be ten working days or less from the initial referral. Enough information
shall be gathered with the client, family or referral source to determine
potential eligibility and whether he shall be referred for an Assessment or
referred to another agency or community resource.
client's Care Plan shall be developed based upon his current situation and
needs as identified by the DAAS approved assessment instrument.
Payment to Relatives.
Agency shall develop policy and procedures for the provision of direct payments
to a relative of the eligible client for care giving services that comply with
the Health Care Assistant Registration Act as found in Section 58-62-101 and
DAAS Policy and Procedures for Home and Community-Based Alternatives Services
as found in Utah Administrative Code R 510-400.
Management shall be provided to all recipients of Home and Community-Based
recipient of Home and Community-Based Alternatives Services shall have an
individual case file that includes client eligibility, assessment of the
client's needs, care plan, quarterly reviews, progress notes, and when
applicable, legal documents addressing guardianship, advanced directives or
powers of attorney.
Client Rights and Responsibilities.
The Agency shall have the
responsibility to develop a method to inform all eligible clients of their
rights and responsibilities. This shall be evidenced by a signed Client's
Rights and Responsibilities Form in the case file.
Agency shall have the responsibility to develop procedures for Client Grievance
and Fair Hearing.
Agency shall maintain an active waiting list when funding dictates that
services cannot be provided for all who have been identified as needing
Termination of Service.
Agency shall allow for the interruption, transfer and termination of services for
the client receiving Home and Community-Based Alternatives Services or Older
Americans Act Title III B and III D Services, whose needs, Agency Provider,
circumstances or condition warrants.
Purchase and Rental of Equipment.
(1) Equipment may be purchased or rented if it
is deemed necessary for the client's care, providing no other funding source is
(2) Purchased equipment is the property of the
Agency. The Agency will develop policy and procedures that address the
disposition, inventory and repair of equipment.
Division is responsible for monitoring Home and Community-Based Alternatives
Services and Older Americans Act Title III B and III D Services. Each Agency
shall be monitored annually.
Emergency Interim Service.
and Community-Based Alternatives Services may be provided to the client when
circumstances warrant the emergency provision of service.]
elderly, home care services, long-term care alternatives
Date of Enactment or Last Substantive
December 17, 1996]
Notice of Continuation: August 21, 2007
Implemented or Interpreted Law:
62A-3-101 through 62A-3-312