File No. 34069
This rule was published in the October 1, 2010, issue (Vol. 2010, No. 19) of the Utah State Bulletin.
Human Services, Services for People with Disabilities
Notice of Proposed Rule
DAR File No.: 34069
Filed: 09/09/2010 04:08:55 PM
Purpose of the rule or reason for the change:
This change updates the needs assessment criteria for the Division Waiting list and make technical changes required by organizational changes within the Division.
Summary of the rule or change:
The waiting list needs assessment criteria have been updated to include urgency of need, household composition, parental/caregiver ability, and time on immediate or future need waiting list.
State statutory or constitutional authorization for this rule:
- Section 62A-5-102
Anticipated cost or savings to:
the state budget:
This rule will be cost neutral. It changes or adds definitions for needs assessment for the waiting list, but does not increase or decrease expenditures. These changes are clarifications and will not affect the number of individuals eligible for services.
Local government does not provide these services and will not be affected.
Small businesses could be affected. If an individual moves from the waiting list to receiving services, Division contract providers may provide supports.
persons other than small businesses, businesses, or local governmental entities:
The amendment makes the definitions more precise when applicants are to be evaluated by the Division for eligibility and placed or not on the waiting list. The changes in definitions will make the eligibility standards and process more understandable for applicants.
Compliance costs for affected persons:
There will be no compliance costs for affected individuals.
Comments by the department head on the fiscal impact the rule may have on businesses:
Small businesses could be affected. If an individual moves from the waiting list to receiving services, Division contract providers, which are small businesses, may provide supports and be reimbursed.
Palmer DePaulis, 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
Services for People with Disabilities
195 N 1950 W
SALT LAKE CITY, UT 84116
Direct questions regarding this rule to:
- Paul Day at the above address, by phone at 801-538-4118, by FAX at 801-538-4279, or by Internet E-mail at firstname.lastname@example.org
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:
This rule may become effective on:
Alan Ormsby, Director
R539. Human Services, Services for People with Disabilities.
R539-2. Service Coordination.
(1) The purpose of this rule is to provide
standards for the Division service system, including planning,
developing and managing an array of services for Persons with
disabilities and their families throughout the state as required by
(1) This rule establishes standards as
required by Subsection 62A-5-103([
(1) Terms used in this rule are defined in Section 62A-5-101 and R539-1-3.
(2) In addition:
(a) "Quality Assurance" means the Family, Provider, and Division management's role to assure accountability in areas of fiscal operations, health, safety, and contract compliance.
(b) "Quality Improvement" means the Provider's role to evaluate and improve the internal delivery of services.
(c) "Quality Enhancement" means the Division and the Team members' role in supporting a Person to experience personal life satisfaction in accordance with the Person's preferences.
R539-2-4. Waiting List.
(1) Pursuant to Subsection 62A-5-102(3),
the Division shall determine a Person's eligibility for
service, followed by a determination of that Person's priority
relative to others who are also eligible. [
Each region] shall use a standardized Needs Assessment to
score and prioritize the Person's level of need. Persons with
the highest scores shall receive support first. The Support
Coordinator shall assess with the Person the array of services that
may be needed. If funding is not immediately available, the Person
shall be placed on a waiting list for support. Persons who have
been determined eligible for the Division's Medicaid Waivers
can choose to wait for Division Support services or seek services
available through Medicaid in an approved facility.
(2) If the Person requires, and could use, support services on the day of intake, the Person has an immediate need; otherwise, the Person has a future need.
(3) A Needs Assessment Form [
2-2] shall be completed for all Persons with an
immediate need for support services. The Needs Assessment
calculates the score of each Person by using the following
(a) severity of the disabling condition;
(b) needs of the Person and/or family;
length of time on the waiting list, if
(d) appropriate alternatives available; and
(e) other factors determined by the
Region] to reflect accurately on the Person's
skills and stress of primary caregiver];
(iii) finances and insurances;
(iv) ability to be self-directing;
special] medical needs;
i]) problem behaviors;
i]) protective service issues;
i]) resources/supports needed;
[ projected deterioration issues; and (x) time on immediate need waiting list.]
Region Needs Assessment Committee] determines the
Person's score, rank orders the scores, and enters the
Person's name and score on the statewide waiting list.
(5) A Person's ranking may change if the Person's needs change or as Needs Assessments are completed for new Applicants.
(6) No age limitations apply to a Person placed on the waiting list for community living support or family support.
(7) To preserve the Medicaid Waiver and state-wide service infrastructure, exceptions may be made to the person's ranking on the waiting list when authorized by the Division Director and the Department of Health.
R539-2-5. Person-Centered Process.
(1) The Division supports Person-Centered Planning, which includes assessing, planning, implementing, and evaluating. This process shall have an individualized focus and incorporate the principles of Person-Centered Planning, self-determination, informed choice, and equity. Input from the Person and the Person's Team should guide and direct this process.
(a) The Person's Team shall work with the Person to identify goals.
(i) The Person receiving supports determines the membership of the Team, which shall include the Support Coordinator.
(ii) The Team meets at least annually within the month in which the previous meeting occurred, or more often as the Person or other members of the Team determine necessary.
(b) The Person, Provider, and Family shall assess, plan, implement, and evaluate goals and supports for which they are responsible, as agreed upon and listed on Division Form 1-16 in the planning meeting.
(c) The Team shall decide the level of detail required to describe the actions involved in the assessing, planning, implementing, and evaluating needs for the supports based on the experience and expertise of the staff providing the Person's supports. The use of the philosophical Person-Centered Planning approach shall be demonstrated and documented in the Person's file.
(d) Any interested party who believes that Person-Centered Planning is not being implemented as outlined or receives a request from the Person, should contact the Support Coordinator immediately to resolve the issue informally, and, if necessary, through the administrative hearing process outlined in R539-3-8 Notice of Agency Action and Administrative Hearings.
R539-2-6. Entry Into and Movement Within Service System.
(1) The Division shall assure that an
appropriate choice of supports and Providers exist for Persons
entering or moving within the support system in accordance with
Subsections 62A-5-103(1) and 62A-5-103([
1]2). The Division shall coordinate, approve, and
oversee all out-of-home placements.
(2) Entry into Division-funded supports:
(a) Once a Person's application for waiver services is processed by the Division, the Person is referred to the local financial eligibility office.
(b) Prior to the provision of community living supports, a Person may be required to complete a medical examination and, if under the age of 18, provide a current immunization record.
(c) Admission to Division programs from a
nursing facility will be coordinated by the
Region office] with the Person, the nursing
facility social worker, the Support Coordinator, and the
(d) The Division shall provide Persons with a choice of Providers by:
(i) sending Providers notice and invitation to submit offers to provide services via use of Division Form 1-6; and
(ii) assisting the Person to make an informed choice of Provider.
(e) Interested Providers may schedule and coordinate a service entry meeting that involves the Person, the Representative, Support Coordinator, and invited guests, (e.g., Developmental Center staff, school representative, and Division staff). The meeting should be held at the prospective site of placement whenever possible.
(f) The Provider shall submit an acceptance or denial letter within ten business days of the service entry meeting to the Support Coordinator and the Person. An acceptance letter shall include a written description of the following:
(i) services to be provided;
(ii) location of the service;
(iii) name and address of the primary care physician, or other medical specialists, including, for example, neurologist or dentist, if applicable;
(iv) a training and in-service schedule for the staff to meet with the Person;
(v) proposed date services will begin; and
(vi) agreed upon rate and level of support.
(g) The physical move of the Person shall be the responsibility of the Provider who is accepting the Person.
(h) The Division shall send the Person's information to the Provider five business days prior to the move.
(3) Any Team Member may initiate a request to change Provider or Developmental Center residence by asking the Support Coordinator to arrange a meeting.
(4) If a Person requests a change of Provider, the Support Coordinator shall arrange a discharge meeting that provides a ten-business-day written notice to the Person, present Provider, and Support Coordinator.
(a) The present Provider may request the opportunity to make changes in the existing relationship to address the concerns that initiated the discharge meeting.
(b) The Region Director shall make the final decision concerning the discharge if the parties cannot come to agreement.
(5) A Provider initiated request for discharge of a Person shall require 90 calendar days prior notification to the Person and the Division.
(6) Emergency Services Management Committee (ESMC):
(a) An Emergency Services Management Committee chairperson shall be appointed by the Division Director. Membership shall include:
(i) Division Specialists;
(ii) a representative from each Region who is skilled in crisis intervention and knowledgeable of local resources;
(iii) a representative from the Developmental Center; and
(iv) others as appointed by the Division Director.
(b) The Emergency Services Management Committee shall ensure that Persons are placed in the least restrictive most appropriate living situation as per Sections 62A-5-302 through 62A-5-312 and Subsection 62A-5-402(2)(a). Exceptions to the statute requiring children under age 11 to live only in family-like environments, as per Section 62A-5-403, require Emergency Services Management Committee review and recommendation to the Division Director for final written approval.
R539-2-7. Quality Management Procedures.
(1) The Division will oversee the three distinct functional roles of quality management, which are Quality Assurance, Quality Improvement, and Quality Enhancement.
(a) Necessary quality assurances are specified by contract with the Division. The Division may work with other offices and bureaus of the Department of Human Services and the Department of Health to assure quality.
(b) Providers are responsible to develop and implement an internal quality management system, which shall:
(i) Evaluate the Provider's programs; and
(ii) Establish a system of self-correcting feedback.
(c) The implementation of the Person's Action Plan shall be designed to enhance the Person's life. The Person and Person's Team shall:
(i) Identify and document the Person's preferences;
(ii) Plan how to support the Person's life satisfaction; and
(iii) Implement the plan with supports from the Division, such as;
(A) Technical Assistance, which involves training, mentoring, consultation, and referral through Division staff.
(B) Quality Enhancement Resource Brokerage, which involves identification and compilation of community resources, including other consumers and families, and referral to and prior approval of payment for these supports.
(C) Consumer empowerment, which involves rights education, leadership training.
(D) Team and System Process Enhancement, which involves facilitation and negotiation training, community education, and consumer satisfaction surveys.
(2) The Division shall evaluate the Person's satisfaction and statistical statewide system indicators of life enhancement.
(3) Division staff shall promote enhancement of the Person's life; support improvement efforts undertaken by Providers, Persons, and families; and assure accountability.
R539-2-8. Request for New Support Coordinator.
(1) A Person may request a new Support Coordinator by submitting a written request to the Region Office Supervisor.
KEY: services, people with disabilities
Date of Enactment or Last Substantive Amendment: [
July 11, 2006]
Notice of Continuation: August 17, 2009
Authorizing, and Implemented or Interpreted Law: 62A-5-102; 62A-5-103
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at http://www.rules.utah.gov/publicat/bull-pdf/2010/b20101001.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact Paul Day at the above address, by phone at 801-538-4118, by FAX at 801-538-4279, or by Internet E-mail at email@example.com.