DAR File No. 32308

Human Services, Services for People with Disabilities

R539-5-8

Limitation

NOTICE OF 120-DAY (EMERGENCY) RULE

DAR File No.: 32308
Filed: 01/15/2009, 11:26
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This emergency rule limits Self-Administered Services for each Person to no more than $50,000 for a State Fiscal year.

Summary of the rule or change:

The amount allowed for direct services is limited to no more than $50,000 for each fiscal year. If a Self-Administered Services program exceeds this amount, the method of service delivery must change to either a contracted provider service delivery method or a combination of Self-Administered Services and provider service delivery method. If it is determined by the Division that a provider method is not possible, the Division Director may grant a waiver to the cost limit for a Self-Administered method of service delivery.

State statutory or constitutional authorization for this rule:

Subsections 63A-5-102(3) and (6)

Anticipated cost or savings to:

the state budget:

Savings to the state budget will be approximately $50,000. This change will allow more services to be provided within the existing budget.

local governments:

There is no cost or savings to local governments because local governments do not provide these services and there are no contracts with local governments to provide these services.

small businesses and persons other than businesses:

There is some potential that small businesses who are contracted by the Division to provide services may receive additional requests to support persons who exceed the $50,000 limitation.

Compliance costs for affected persons:

There are no compliance costs for affected persons because this rule does not affect the services provided, it only affects who provides the service.

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

Small businesses who contract with the Department may be asked to provide more services to eligible persons. Lisa-Michele Church, Executive Director

Emergency rule reason and justification:

Regular rulemaking procedures would place the agency in violation of federal or state law.

Regular rulemaking would cause the program to obligate additional money that needs to be limited to meet budget restrictions.

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 sbradford@utah.gov

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:

01/15/2009

Authorized by:

Alan Ormsby, Director

R539. Human Services, Services for People with Disabilities.

R539-5. Self-Administered Services.

R539-5-8. Limitation.

(1) The amount allowed for direct services is limited to no more than $50,000 for each fiscal year. If a Self-Administered Services program exceeds this amount the method of service delivery must change to either a contracted provider service delivery method or a combination of Self-Administered Services and provider service delivery method. If it is determined by the Division that a provider method is not possible, the Division Director can grant a waiver to the cost limit for a Self-Administered method of service delivery.

 

KEY: disabilities, self-administered services

Date of Enactment or Last Substantive Amendment: January 15, 2009

Authorizing, and Implemented or Interpreted Law: 62A-5-102; 62A-5-103