R432-35-5. Covered Contractor - Direct Access Clearance System Process

  (1) Utah Code, Title 26, Chapter 21, Part 2 requires that a covered contractor enter required information into the Direct Access Clearance System to initiate a clearance for each covered individual prior to being supplied by contract to a covered provider.

  (2) A covered contractor must ensure that the covered individual, being supplied by contract to a covered provider:

  (a) Signs a criminal background screening authorization form which must be available for review by the department; and

  (b) Submits fingerprints within 15 working days of placement with a covered provider.

  (3) The covered contractor must ensure the Direct Access Clearance System reflects the current status of the covered individual within 5 working days of placement or termination.

  (4) A covered contractor may provisionally supply a covered individual to a covered provider while clearance is pending.

  (5) If the Department determines an individual is not eligible for direct patient access, based on information obtained through the Direct Access Clearance System, the Department shall send a Notice of Agency Action to the covered contractor and the individual explaining the action and the individual's right of appeal as defined in R432-30.

  (6) A covered contractor may not supply to a covered provider a covered individual who has been determined to be not eligible to have direct patient access.

  (7) The Department may allow a covered individual direct patient access with conditions, during an appeal process, if the covered individual can demonstrate the work arrangement does not pose a threat to the safety and health of patients or residents.