No. 32251: R539-15-4. Limitations

DAR File No.: 32251
Filed: 12/28/2008, 06:22
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this emergency rule is to provide standards for eligibility for the Division's Time-Limited Respite Care Program.

Summary of the rule or change:

Funds may be limited for less than six months or lesser amounts to participants to keep expenditures within Division appropriations. The Division may freeze program participation and return unused funds to the Legislature.

State statutory or constitutional authorization for this rule:

Subsections 63A-5-102(3) and (6)

Anticipated cost or savings to:

the state budget:

Savings to the state budget is $100,000.

local governments:

There is no cost to local government because no contracts were created for local government.

small businesses and persons other than businesses:

There is some potential for lost revenue to small businesses that provide respite care since Department of Services for People with Disabilities may be returning unspent funds. However, no providers are expecting these funds.

Compliance costs for affected persons:

There is no compliance costs for affected persons because no person or small business is anticipating funding from these returned monies.

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

Small businesses who provide respite care may be affected by this rule. Lisa-Michelle Church, Executive Director

Emergency rule reason and justification:

Regular rulemaking procedures would place the agency in violation of federal or state law.

Regular rulemaking would cause the program to obligate additional money that needs to be limited to meet budget reductions.

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
120 N 200 W
SALT LAKE CITY UT 84103-1500

Direct questions regarding this rule to:

Steven Bradford at the above address, by phone at 801-538-4197, by FAX at 801-538-4279, or by Internet E-mail at [e-mail]

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 is effective on:

12/29/2008

Authorized by:

Alan Ormsby, Director

RULE TEXT

R539. Human Services, Services for People with Disabilities.

R539-15. Time-Limited Respite Care Program.

R539-15-4. Limitations.

(1) A Person who meets eligibility requirements for the Time-Limited Respite Care Program is limited to no more than $1,000 for respite care services from July 1, 2008 to June 30, 2009.

(2) Funds are granted for 12 months. After six months, the Person must report the expenditure of funds to the Division. The use of the respite care funds will be evaluated by the Division. [If there is no plan to use the funds or funds are unused, those funds may be reallocated to another eligible Person.]Funds may be limited for less than six months or lesser amounts to participants, if necessary, to keep expenditures within Division appropriations as required by Section 63A-5-102(3)and(6). Further, should budgetary restraints require it, the Division may freeze program participation and return unused funds to the Legislature.

(3) Persons receiving ongoing services are not eligible for time-limited respite services.

 

KEY: disabilities

Date of Enactment or Last Substantive Amendment: December 29, 2008

Authorizing, and Implemented or Interpreted Law: 62A-5-103