DAR File No. 37919

Human Services, Services for People with Disabilities

Rule R539-15

Time-Limited Respite Care Program

Notice of Proposed Rule

(Repeal)

DAR File No.: 37919
Filed: 08/13/2013 11:07:05 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule was created to provide standards for a Time-Limited Respite Program. The program is no longer being implemented and therefore, this rule is no longer needed.

Summary of the rule or change:

This rule is repealed in its entirety.

State statutory or constitutional authorization for this rule:

• Subsection 63A-5-102(3)
• Subsection 63A-5-102(6)

Anticipated cost or savings to:

the state budget:

The repeal of this rule will not impact the state budget since the program that this rule refers to is no longer in use. There will be no cost or savings to the state budget.

local governments:

There are no costs or savings for local government because there are no contracts for local government and this rule never impacted them.

small businesses:

There is no cost or savings to small businesses because the program that may have impacted them is no longer being implemented. The rule is being repealed due to the fact the program this rule referred to is no longer there.

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

There is no compliance costs for affected persons because no person or small business is affected by the repeal of this rule.

Compliance costs for affected persons:

There is no cost or savings for other persons because the program that may have impacted them is no longer being implemented. The rule is being repealed due to the fact the program this rule referred to is no longer there.

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

There will be no impact on businesses due to the repeal 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:

10/01/2013

This rule may become effective on:

10/08/2013

Authorized by:

Paul Smith, Director

R539. Human Services, Services for People with Disabilities.

[R539-15. Time-Limited Respite Care Program.

R539-15-1. Purpose and Authority.

(1) The purpose of this rule is to provide:

(a) procedures and standards for the determination of eligibility for the Division's Time-Limited Respite Care Program for Persons on the Division's Waiting List as specified in R539-2-4.

(2) This rule is authorized from July 1, 2008 to June 30, 2009 by Legislative appropriation and established under Section 62A-5-103.

 

R539-15-2. Definitions.

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

(2) "Person": Individual who meets eligibility requirements in Rule R539-1.

(3) "Active Status": Has a current Needs Assessment Score on the Division wait list.

(4) "Respite": A service to give relief to the Person's primary caregiver.

 

R539-15-3. Eligibility.

(1) A Person is eligible for the Time-Limited Respite Care Program who meets the eligibility requirements listed in Rule 539-1, provided that:

(2) the Person is not receiving ongoing services with the Division,

(3) the Person is currently in active status on the Division waiting list.

 

R539-15-4. Limitations.

(1) A Person who meets eligibility requirements for the Time-Limited Respite Care Program is limited to no more than $1,000 for respite care services from July 1, 2008 to June 30, 2009.

(2) Funds are granted for 12 months. After six months, the Person must report the expenditure of funds to the Division. The use of the respite care funds will be evaluated by the Division. If there is no plan to use the funds or funds are unused, those funds may be reallocated to another eligible Person.

(3) Persons receiving ongoing services are not eligible for time-limited respite services.

 

R539-15-5. Priority.

(1) As of July 1, 2008, the first 250 persons who are not brought into ongoing services and who remain on the Division waiting list will receive priority for respite care services. If any of the first 250 choose not to use time-limited respite care services, then Persons will be offered this service in the order of their position on the waiting list.

 

R539-15-6. Respite Care Services Providers.

(1) Respite services may be provided by an employee of the Person or through an agency or program that provides respite care services.

(2) If the Person elects to hire an employee, Division requirements for a background check must be met.

(3) Payments to an employee must be made through a fiscal agent.

 

KEY: disabilities

Date of Enactment or Last Substantive Amendment: August 21, 2008

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