Health, Family Health and Preparedness, Licensing

Rule R432-35

Background Screening

Notice of Proposed Rule

(Amendment)

DAR File No.: 35030
Filed: 07/11/2011 01:28:12 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Historically, the Personal Care Agency Rule was located within the Home Health rule, with very few providers. Over the years more Personal Care agencies have opened and become licensed. The Health Facility Committee recommended a new rule to clarify and define the Personal Care agencies, therefore the background screening rule requires an amendment to add Personal Care Agencies.

Summary of the rule or change:

Personal Care Agencies need to be added to the background screening rule since Personal Care Agencies will no longer fall under the Home Health rule. There will be no change in how Personal Care Agencies complete background screening on employees.

State statutory or constitutional authorization for this rule:

• Title 26, Chapter 21

Anticipated cost or savings to:

the state budget:

No state budgets will be affected because the provisions of the new rule dealing with Personal Care agencies are similar to the old section under Home Health.

local governments:

No local government budgets will be affected because the provisions of the new rule dealing with Personal Care agencies are similar to the old section under Home Health.

small businesses:

No small business budgets will be affected because the provisions of the new rule dealing with Personal Care agencies are similar to the old section under Home Health.

persons other than small businesses, businesses, or local governmental entities:

No persons will be affected because the provisions of the new rule dealing with Personal Care agencies are similar to the old section under Home Health.

Compliance costs for affected persons:

No persons will be affected because the provisions of the new rule dealing with Personal Care agencies are similar to the old section under Home Health.

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

As part of ongoing review of administrative rules in the Department to reduce unnecessary negative business impacts, this rule change adds personal care agencies to the list of facilities that must conduct a background screening. Necessary fiscal impact on business to protect public.

David Patton, PhD, Executive Director

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

Health
Family Health and Preparedness, Licensing
288 N 1460 W
SALT LAKE CITY, UT 84116-3231

Direct questions regarding this rule to:

• Joel Hoffman at the above address, by phone at 801-538-6279, by FAX at 801-538-6024, or by Internet E-mail at jhoffman@utah.gov
• Carmen Richins at the above address, by phone at 801-538-9087, by FAX at 801-538-6024, or by Internet E-mail at carmenrichins@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:

08/31/2011

This rule may become effective on:

09/07/2011

Authorized by:

David Patton, Executive Director

R432. Health, Family Health and Preparedness, Licensing.

R432-35. Background Screening.

R432-35-1. Authority.

(1) The Utah Code, Section 26-21-9.5, requires that a Bureau of Criminal Identification screening, referred to as BCI, and a child or disabled or elderly adult licensing information system screening be conducted on each person who provides direct care to a patient for the following covered health care agencies and facilities:

([1]a) Home health care agencies;

(b) Personal Care agencies

([2]c) Hospice agencies;

([3]d) Nursing Care facilities;

([4]e) Assisted Living facilities;

([5]f) Small Health Care facilities; and

([6]g) End Stage Renal Disease Facilities.

 

KEY: health care facilities

Date of Enactment or Last Substantive Amendment: [January 5, 2010]2011

Notice of Continuation: May 27, 2008

Authorizing, and Implemented or Interpreted Law: 26-21-9.5