No. 30803 (New Rule): R251-114. Offender Long-Term Health Care - Notice

DAR File No.: 30803
Filed: 12/06/2007, 08:28
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to define a consistent format and procedure to provide notification to facilities, and information to the public, when a chronically or terminally ill offender is placed in an assisted living or nursing care facility by the Utah Department of Corrections (UDC), and provide a training program for facility residents and employees to help ensure safety.

Summary of the rule or change:

This new rule implements Section 64-13-39.5 as enacted in the 2007 General Session in H.B. 114. This section requires the UDC to give notice and to provide training when an offender is placed in a long-term care facility. It also places responsibilities on the care facility administration to assist in these functions. (DAR NOTE: H.B. 114 (2007) is found at Chapter 343, Laws of Utah 2007, and was effective 04/30/2007.)

State statutory or constitutional authorization for this rule:

Section 64-13-39.5

Anticipated cost or savings to:

the state budget:

The UDC estimates it will spend about 10 hours total, per offender, in compliance to this rule, and that minimal supplies would be used. During the past five to six years, the department has placed ten offenders into one of these facilities, for an average of two per year. The average cost to the state budget for a fiscal year would be approximately $321 per placement, and $642 per year.

local governments:

There will be no local government cost or savings because Section 64-13-39.5, and this rule, apply only to the UDC and private businesses operating as a care facility for chronically or terminally-ill offenders.

small businesses and persons other than businesses:

There will be a small business compliance cost to care facilities. Section 64-13-39.5 places specific responsibilities on facility administrators. This rule mirrors that section. The costs would consist of the time value assigned to the staff who are administering those responsibilities, and of those staff attending the training provided by UDC. There are no anticipated costs to persons other than businesses.

Compliance costs for affected persons:

The compliance costs for care facilities larger than 50 employees will be the same as for small businesses. No other affected persons are involved.

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

The costs associated with this new rule are very minimal because of the State average of two placements per year. Thomas E. Patterson, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Corrections
Administration
14717 S MINUTEMAN DR
DRAPER UT 84020-9549

Direct questions regarding this rule to:

Gary Ogilvie at the above address, by phone at 801-545-5514, by FAX at 801-545-5523, 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:

01/31/2008

This rule may become effective on:

02/07/2008

Authorized by:

Thomas E. Patterson, Executive Director

RULE TEXT

R251. Corrections, Administration.

R251-114. Offender Long-Term Health Care - Notice.

R251-114-1. Authority and Purpose.

(1) This rule is authorized under Section 64-13-39.5.

(2) The purpose of this rule is to define a consistent format and procedure to provide notification to facilities, and information to the public, when a chronically or terminally ill offender is placed in an assisted living or nursing care facility by the UDC, and provide a training program for facility residents and employees to help ensure safety.

 

R251-114-2. Definitions.

(1) "Chronically ill" has the same meaning as in Section 31A-36-102.

(2) "Facility" means an assisted living facility as defined in Subsection 26-21-2(5) and a nursing care facility as defined in Subsection 26-21-2(17), except that transitional care units and other long term care beds owned or operated on the premises of acute care hospitals or critical care hospitals are not facilities for the purpose of this section.

(3) "Offender" means an inmate given an early release, pardon, or parole due to a chronic or terminal illness.

(4) "Terminally ill" has the same meaning as in Subsection 31A-36-102(11).

(5) "UDC" and "Department" means Utah Department of Corrections.

 

R251-114-3. Policy.

It is the policy of the Department if an offender is admitted as a resident of a facility due to a chronic or terminal illness:

(1) UDC shall provide written notice to the administrator of any facility no later than 15 days prior to an offender's admission as a resident.

(2) Notice to a facility shall include the offense for which the offender was convicted, a description of the actual offense, the offender's status with the Department, that the information provided by the Department regarding the offender shall be provided to employees of the facility no later than ten days prior to the offender's admission to the facility, the contact information for the offender's parole officer if the offender is on parole, and a point of contact within the Department.

(3) UDC shall make available to the public on the UDC web page, and upon request, the name and address of the facility where the offender resides, and the date the offender was placed at the facility.

(4) UDC shall provide a training program for the employees who work at the facility where the offender(s) reside, to help ensure the safety of both employees and facility residents.

(5) When the offender is placed by a department or agency from another state, and that department or agency requests it, the UDC shall provide the facility training, if that training has not already been provided, and the UDC may negotiate with the other state for any necessary compensation for this service.

(6) Facility training shall include the duties the administrator of the facility has under Section 64-13-39.5 to provide residents of the facility, or their guardians, notice that a convicted felon is being admitted to the facility no later than ten days prior to the offender's admission, to advise potential residents/guardians of current offenders who are residents of the facility, and to assist the UDC training in the safe management of offenders for all employees.

 

KEY: chronically ill, terminally ill, facility notice

Date of Enactment or Last Substantive Amendment: 2008

Authorizing, and Implemented or Interpreted Law: 64-13-39.5