No. 38745 (5-year Review): Rule R539-2. Service Coordination

DAR File No.: 38745
Filed: 08/07/2014 10:32:21 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Subsection 62A-5-103(2) provides statutory authority for the Division to administer an array of services and supports to persons with disabilities and their families; make rules that establish eligibility criteria; enhance the quality of life for a person with a disability directly or by contract with private organizations; and supervise those organizations and private services providers. Rule R539-2 sets forth standards for the way in which our Division provides services, including planning, developing and managing those services and how they will be provided through the use of privately contracted support coordinators and service providers. All of which are explicitly or nearly explicitly required by the statute cited above. Currently, the rule states that authority for this rule comes from Subsection 62A-5-103(2)(b). The Division is preparing a rule amendment that will change this to cite the entirety of Subsection 62A-5-103(2).

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

The Division has received no written comments either in support or opposition to this rule.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The Division has received no comments in opposition to the rule. This rule sets forth necessary rules regarding how applicants are selected and ranked according to need to receive services, the process by which individualized service plans are crafted to meet a persons needs, the process by which applicants are placed on one of the Medicaid waivers that the Division operates, how the Division oversees and manages its contractors and ensures quality services. These are all functions that the Division must layout in rule to continue to provide services to people with disabilities in the State of Utah. Therefore, this rule should be continued.

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:

• 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]

Effective:

08/07/2014

Authorized by:

Paul Smith, Director

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