R510-200-9. Designation of Service Providers

  (1) This rule incorporates by reference UC 62A-3-204.

  (2) Designation of Ombudsman Programs: the SLTCO may designate provider agencies to provide ombudsman services throughout Utah.

  (3) Criteria for Designation as a Provider Agency: to be eligible for designation as a Provider Agency, an entity must:

  (a) be a government agency or nonprofit entity;

  (b) not have any organizational conflicts of interest identified in R510-200-14 without an appropriate remedy of conflict of interest approved by SLTCO.

  (c) have demonstrated to the satisfaction of the SLTCO personally, or a representative of the Office with final approval from the SLTCO, the capability to carry out the responsibilities of the Office; and

  (d) meet all requirements of this Rule.

  (4) Process for Designation when the AAA Serves as the Provider Agency.

  (a) the SLTCO may designate the AAA as the Provider Agency where:

  (i) the AAA meets the criteria for designation;

  (ii) the AAA is not otherwise prohibited from fulfilling the duties of the Provider Agency; and

  (iii) the execution date (State fiscal year) of the AAA's contract with the Division to provide LTCOP services shall constitute the effective date of the designation.

  (5) Process by which the AAA sub-contracts with and designates another entity as the Provider Agency.

  (a) the AAA may enter into a contract with a Provider Agency for the provision of the LTCOP services in their designated geographical service area. Said contract must:

  (i) specify the service area;

  (ii) require the Provider Agency to adhere to all applicable Federal and State laws, regulations, and policies; and

  (iii) provide that the contract automatically terminates if the AAA or the Provider Agency is de-designated by the SLTCO.

  (b) the execution date (State fiscal year) of the Provider Agency's contract with the AAA to provide LTCOP Services shall constitute the effective date of the designation.

  (c) should the contract between the Provider Agency and the AAA to provide LTCOP services not be renewed or be terminated for any reason, the AAA shall immediately notify the SLTCO.

  (6) Process for designation of a Provider Agency, where the Division contracts directly with the Provider Agency.

  (a) where the contract for the LTCOP services is not with or through the AAA, the SLTCO may designate a Provider Agency as follows:

  (i) Division shall issue a Request for Proposal (RFP), approved by the SLTCO, seeking an entity to provide LTCOP services within a particular service area. The RFP shall identify the criteria for designation as a Provider Agency and shall request submission of documents supporting the entity's claim to meet these criteria; and

  (ii) Division shall require that all responding entities develop an ombudsman services plan setting forth:

  (A) the goals and objectives of such entity in providing LTCOP services;

  (B) a description of how each Program Component, from section R510-200-5, SLTCOP Program Administration, shall be met including its staffing plan for the local LTCOP; and

  (C) a description of the resources, which will be provided to assist in the operation of the local LTCOP.

  (b) Division may contract with a Provider Agency to provide LTCOP services. Such contract must:

  (i) specify the service area;

  (ii) require the Provider Agency to adhere to all applicable Federal and State laws, regulations, and policies; and

  (iii) state that the contract will be automatically terminated if the provider is de-designated by the SLTCO.

  (c) the execution date of the Provider Agency's contract with the Division to provide ombudsman services shall be the effective date of the designation.