No. 31594: R539-15. Time-Limited Respite Care Program

DAR File No.: 31594
Filed: 06/19/2008, 09:39
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to provide respite care for Persons on the Division Waiting List.

Summary of the rule or change:

The rule provides the standards and procedures to establish a Time-Limited Respite Care Program for Persons on the Division Waiting List. (DAR NOTE: A corresponding proposed new Rule R539-15 is under DAR No. 31593 in this issue, July 15, 2008, of the Bulletin.)

State statutory or constitutional authorization for this rule:

Section 62A-5-103

Anticipated cost or savings to:

the state budget:

The cost to the state budget will be the $500,000 appropriated by the Legislature for this program.

local governments:

The program does not affect the budgets of local governments. The agency has reviewed the programs and services provided by local governments and concluded that none of them provide respite services and this rule will not cause local governments any costs or savings.

small businesses and persons other than businesses:

Small businesses will provide respite care services either as employees of the Person served or by contract with the Department of Human Services. This rule does not apply to small businesses, it only applies to the individuals eligible for respite care services.

Compliance costs for affected persons:

There should be no compliance costs for affected individuals. If an individual applies for this service and is denied eligibility, they may incur the cost of appealing the decision, such as expenses to retain a lawyer to represent them.

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

Respite care services are provided by small businesses either as employees of the Person or by contract with the Department of Human Services. This will bring more business to providers of respite care services. Lisa-Michele Church, Executive Director

Emergency rule reason and justification:

Regular rulemaking procedures would cause an imminent budget reduction because of budget restraints or federal requirements.

The Legislature appropriated funds for this program only for fiscal year 2009 with the expectation that the funds would be spent for services beginning 07/01/2008.

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:

07/01/2008

Authorized by:

Georgia Baddley, Acting Director

RULE TEXT

R539. Human Services, Services for People with Disabilities.

R539-15. Time-Limited Respite Care Program.

R539-15-1. Purpose and Authority.

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

(a) procedures and standards for the determination of eligibility for the Division's Time-Limited Respite Care Program for Persons on the Division's Waiting List as specified in R539-2-4.

(2) This rule is authorized from July 1, 2008 to June 30, 2009 by Legislative appropriation and established under Section 62A-5-103.

 

R539-15-2. Definitions.

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

(2) "Person": Individual who meets eligibility requirements in Rule R539-1.

(3) "Active Status": Has a current Needs Assessment Score on the Division wait list.

(4) "Respite": A service to give relief to the Person's primary caregiver.

 

R539-15-3. Eligibility.

(1) A Person is eligible for the Time-Limited Respite Care Program who meets the eligibility requirements listed in Rule 539-1, provided that:

(2) the Person is not receiving ongoing services with the Division,

(3) the Person is currently in active status on the Division waiting list.

 

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.

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

 

R539-15-5. Priority.

(1) As of July 1, 2008, the first 250 persons who are not brought into ongoing services and who remain on the Division waiting list will receive priority for respite care services. If any of the first 250 choose not to use time-limited respite care services, then Persons will be offered this service in the order of their position on the waiting list.

 

R539-15-6. Respite Care Services Providers.

(1) Respite services may be provided by an employee of the Person or through an agency or program that provides respite care services.

(2) If the Person elects to hire an employee, Division requirements for a background check must be met.

(3) Payments to an employee must be made through a fiscal agent.

 

KEY: disabilities

Date of Enactment or Last Substantive Amendment: July 1, 2008

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