No. 38094 (New Rule): Rule R539-10. Short-Term Limited Waiting List Services

(New Rule)

DAR File No.: 38094
Filed: 11/01/2013 03:45:22 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to set forth procedures for how the Division of Services for People with Disabilities (DSPD) will determine the use of non-lapsing funds to provide short-term, limited services, as allowed by new legislation (S.B. 259 passed in the 2013 General Legislative Session) and codified in Subsections 62A-5-102(7)(c) and (d).

Summary of the rule or change:

The new rule sets forth eligibility, limitations, and selection rules for people on the waiting list hoping to receive short-term limited waiting list services such as: respite care, family skill building and preservation classes, and service brokering services.

State statutory or constitutional authorization for this rule:

• Subsection 62A-5-102(7)

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings, to the state budget. Any funding for short-term limited waiting list services comes from funds that have already been appropriated to the Division, and become non-lapsing funds eligible for one-time expenditures as the Division deems appropriate.

local governments:

There are no anticipated costs or savings to local government. Local government is not contracted to provide these services and the funding for these services come from funds that have already been appropriated to the Division.

small businesses:

There are no anticipated costs or savings to small businesses. Any funding for short-term limited waiting list services comes from funds that have already been appropriated to the Division. This will not impact any small businesses; the rule only changes what current funding can be used for.

persons other than small businesses, businesses, or local governmental entities:

There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities. Any funding for short-term limited waiting list services comes from funds that have already been appropriated to the Division. This will not impact any small businesses; the rule only changes what current funding can be used for.

Compliance costs for affected persons:

There are no compliance costs for affected persons. The rule change is giving the ability to provide services on the DSPD waiting list. Any funding for short-term limited waiting list services comes from funds that have already been appropriated to the Division, and become non-lapsing funds eligible for one-time expenditures as the Division deems appropriate.

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

There will be no costs or savings associated with this rule.

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 3RD FLR
SALT LAKE CITY, UT 84116

Direct questions regarding this rule to:

• Julene Jones at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at [e-mail]
• Nathan Wolfley at the above address, by phone at 801-538-4154, 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:

12/16/2013

This rule may become effective on:

12/23/2013

Authorized by:

Paul Smith, Director

RULE TEXT

R539. Human Services, Services for People with Disabilities.

R539-10. Short-Term Limited Waiting List Services.

R539-10-1. Purpose and Authority.

(1) The purpose of this rule is to provide:

(a) procedures and standards for the determination of eligibility for persons on the waiting list to receive short-term, limited services from the Division.

(2) This rule is authorized by Subsections 62A-5-102(2); 62A-5-102(7)(c).

 

R539-10-2. Definitions.

(1) Terms used in this rule are defined in Section 62A-5-101 and R539-1-2.

(2) In addition:

(a) "Active Status" means a person has a current needs assessment score and is on the Division's waiting list.

(b) "Respite" is a service provided in a person's residence or other approved residential setting, designed to give relief to or during the absence of a person's primary caregiver.

 

R539-10-3. Eligibility.

(1) A person is eligible for short-term limited waiting list services if:

(a) the person has met eligibility criteria for non-waiver services as set forth in R539-1;

(b) the person is not receiving ongoing services with the Division; and

(c) the person is currently in active status on the Division's waiting list.

 

R539-10-4. Limitations.

(1) Funds granted must be used during the fiscal year in which they are granted, beginning July 1st of the year granted and ending June 30th of the following year.

(a) If there is no plan to use the funds or if the funds are unused, those funds will return to the Division and may be reallocated to another eligible person.

(b) In the case of short-term limited family skill building and preservation classes, openings that become available due to families dropping out of the program or other circumstances, shall be filled if possible by additional families from the same geographical area that meet all eligibility criteria.

 

R539-10-5. Selection for Short-Term Limited Respite Care Services.

(1) Nonlapsing Funds may be available to provide short-term limited respite care services for persons determined eligible who are on the Division's waiting list.

(2) When the Division determines that sufficient funds are available to provide short-term limited respite care services, persons will be selected to receive short-term limited respite care according to the following method:

(a) The Division shall identify all persons on the waiting list who have indicated that they are in need of respite services;

(b) Persons identified by the Division as needing respite services shall be grouped together, from which the Division shall use a random selection process to select persons to receive short-term limited respite services.

 

R539-10-6. Short-Term Limited Respite Care Provider Options.

(1) Short-term limited respite care services may be provided through either the Self-Administered Services Model or the traditional Agency-Based Provider Model or a combination of both.

(2) If the person elects the Self-Administered Services Model to provide short-term limited respite care, the following requirements must be met:

(a) the person must select a fiscal agent, through which all payments to employees must be made;

(b) the person must adhere to all additional requirements set forth in Section R539-5.

 

R539-10-7. Additional Participation Requirements for Short-Term Limited Family Skill Building and Preservation Classes.

(1) In order to be eligible for participation in short-term family skill building and preservation classes the family of the eligible person must agree to the following additional requirements:

(a) To sign a participation agreement stating that the family will participate fully in the offered short-term family skill building and preservation classes;

(b) To have the person's waiting list needs assessment re-evaluated within six months of completing participation in the short-term family skill building and preservation classes;

 

R539-10-8. Selection and Enrollment for Short-Term Limited Family Skill Building and Preservation Classes.

(1) Nonlapsing Funds may be available to provide short-term limited family skill building and preservation classes for persons determined eligible who are on the Division's waiting list.

(2) When the Division determines that sufficient funds are available to provide short-term limited family skill building and preservation classes, persons will be selected to participate in the family skill building and preservation classes according to the following parameters:

(a) The Division shall advertise an open enrollment period to all persons with an active status on the Division's waiting list;

(b) During the open enrollment period, the Division will accept applications for a two week period from persons or their families wishing to participate;

(i) Additional enrollment periods may be offered as the Division deems necessary;

(c) Applications will be reviewed to determine an applicant's eligibility;

(d) Eligible applicants will be admitted into the program in the order in which they have applied to participate, in the respective geographical area in which they live;

(i) If the number of applications for the respective geographical area exceeds 300 during the open enrollment period, all eligible program applicants will be grouped together from which participants will be selected to participate using a random selection process;

 

R539-10-9. Short-Term Limited Service Brokering Services.

(1) Nonlapsing Funds may be available to provide short-term limited service brokering services for persons determined eligible who are on the Division's waiting list.

(2) When the Division determines that sufficient funds are available to provide short-term limited service brokering services, persons will be selected to receive short-term limited service brokering services according to need as determined from information supplied to the Division.

 

KEY: waiting lists, family preservation, respite, service brokering

Date of Enactment or Last Substantive Amendment: 2013

Authorizing, and Implemented or Interpreted Law: 62A-5-102(7)

 

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