DAR File No. 37245

Human Services, Services for People with Disabilities

Section R539-1-3

Definitions

Notice of Proposed Rule

(Amendment)

DAR File No.: 37245
Filed: 02/01/2013 11:56:11 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division has recently submitted a new rule governing provider use of electronic surveillance to monitor persons receiving services. This proposed rule adds definitions for "Electronic Surveillance" and "Electronic Surveillance Certification" in order to clarify those terms as they will be used in the newly amended Section R539-3-7.

Summary of the rule or change:

This amendment adds definitions for the terms: "Electronic Surveillance" and "Electronic Surveillance Certification." Nothing is removed.

State statutory or constitutional authorization for this rule:

• Section 62A-5-103
• Section 62A-5-105

Anticipated cost or savings to:

the state budget:

This amendment adds clarification to help interpret a new rule governing provider use of electronic surveillance. The addition of these definitions will not introduce any additional burdens on the state. No cost or savings affecting the state budget.

local governments:

This amendment adds clarification to help interpret a new rule governing provider use of electronic surveillance. The addition of these definitions will not introduce any additional burdens on local government. No cost or savings affecting local governments.

small businesses:

This amendment adds clarification to help interpret a new rule governing provider use of electronic surveillance. The addition of these definitions will not introduce any additional burdens on small businesses. No cost or savings affecting small businesses.

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

This amendment adds clarification to help interpret a new rule governing provider use of electronic surveillance. The addition of these definitions will not introduce any additional burdens on persons or those meeting that definition. No cost or savings affecting persons.

Compliance costs for affected persons:

No costs are expected to affect persons with disabilities, their families, or guardians as part of this rule change. No costs are expected to effect providers as a result of these definitions either. This amendment adds clarification to help interpret a new rule governing provider use of electronic surveillance. The addition of these definitions will not introduce any additional burdens on persons or those meeting that definition. No cost or savings affecting persons.

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

I see no fiscal impact as a result of this rule.

Palmer DePaulis, Executive Director

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:

• Julene Jones at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjones@utah.gov
• Nathan Wolfley at the above address, by phone at 801-538-4154, by FAX at 801-538-4279, or by Internet E-mail at nwolfley@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:

03/18/2013

This rule may become effective on:

03/25/2013

Authorized by:

Paul Smith, Director

R539. Human Services, Services for People with Disabilities.

R539-1. Eligibility.

R539-1-3. Definitions.

(1) Terms used in this rule are defined in Section 62A-5-101.

(2) In addition:

(a) "Agency Action" means an action taken by the Division that denies, defers, or changes services to an Applicant applying for, or a person receiving, Division funding;

(b) "Applicant" means an individual or a representative of an individual applying for determination of eligibility;

(c) "Brain Injury" means any acquired injury to the brain and is neurological in nature. This would not include those with deteriorating diseases such as Multiple Sclerosis, muscular dystrophy, Huntington's chorea, ataxia, or cancer, but would include cerebral vascular accident;

(d) "Department" means the Department of Human Services;

(e) "Division" means the Division of Services for People with Disabilities;

(f) "Electronic Surveillance" is observing or listening to persons, places, or activities with the aid of electronic devices such as cameras, web cams, global positioning systems, motion detectors, weight detectors or microphones, in real time.

(g) "Electronic Surveillance Certification" is documentation signed by members of the Provider Human Rights Committee that contains the location of the site under surveillance, description of the types of surveillance to be used, names of persons to be under surveillance and signed consent from each person affected as required by Subsections R539-3-7(3)(a) and R539-3-7(4)(a).

([f]h) "Form" means a standard document required by Division rule or other applicable law;

([g]i) "Guardian" means someone appointed by a court to be a substitute decision maker for a person deemed to be incompetent of making informed decisions;

([h]j) "Hearing Request" means a written request made by a person or a person's representative for a hearing concerning a denial, deferral or change in service;

([i]k) "ICF/ID" means Intermediate Care Facility for People with Intellectual Disability;

([j]l) "Person" means someone who has been found eligible for Division funding for support services due to a disability and who is waiting for or receiving services at the present time;

(m) "Related Conditions" means a severe, chronic disability that meets the following conditions:

(i) It is attributable to:

(A) Cerebral palsy or epilepsy; or

(B) Any other condition, other than mental illness, found to be closely related to intellectual disability because this condition results in impairment of general intellectual functioning or adaptive behavior similar to that of people with intellectual disability, and requires treatment or services similar to those required for these persons.

(ii) It is manifest before the person reaches age 22.

(iii) It is likely to continue indefinitely.

(iv) It results in substantial functional limitations in three or more of the following areas of major life activity:

(A) Self-care.

(B) Understanding and use of language.

(C) Learning.

(D) Mobility.

(E) Self-direction

(F) Capacity for independent living.

(n) "Representative" means the person's legal representative including the person's parents if the person is a minor child, a court appointed guardian or a lawyer retained by the person;

(o) "Resident" is an Applicant or Guardian who is physically present in Utah and provides a statement of intent to reside in Utah.;

(p) "Support" is assistance for portions of a task allowing a person to independently complete other portions of the task or to assume increasingly greater responsibility for performing the task independently;

(q) "Support Coordinator" means an employee of the Division who completes written documentation of supports and determination of eligibility and support needs;

(r) "Team Member" means members of the person's circle of support who participate in the planning and delivery of services and supports with the Person. Team members may include the Person applying for or receiving services, his or her parents, Guardian, the support coordinator, friends of the Person, and other professionals and Provider staff working with the Person; and

(s) "Waiver" means the Medicaid approved plan for a state to provide home and community-based services to persons with disabilities in lieu of institutionalization in a Title XIX facility, the Division administers three such waivers; the intellectual disabilities or related conditions waiver, the brain injury waiver and physical disabilities waiver.

 

KEY: human services, disabilities, social security numbers

Date of Enactment or Last Substantive Amendment: [April 1, 2008]2013

Notice of Continuation: November 5, 2012

Authorizing, and Implemented or Interpreted Law: 62A-5-103; 62A-5-105