DAR File No. 38671

Human Services, Aging and Adult Services

Section R510-400-16

Termination of Services

Notice of Proposed Rule

(Amendment)

DAR File No.: 38671
Filed: 07/02/2014 03:12:25 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

In working with our Area Agency on Aging partners, the Division has determined that the current process for transferring clients from one service area to another is not effective due to variations in available services and applicant lists in the various areas. The Division and area agencies have worked together to develop a new process that will be more manageable for agencies and clients.

Summary of the rule or change:

The current process sets expectations for transferring clients and agencies that might often cannot be met due to differences in services available in the different area agencies. It also allows existing clients from one part of the state to potentially receive services ahead of more frail clients in a different part of the state. The new process requires individuals leaving a service area to reapply in their new area and to have an assessment of needs based on the services available in the new area.

State statutory or constitutional authorization for this rule:

• Section 62A-3-301

Anticipated cost or savings to:

the state budget:

This rule change clarifies client eligibility, but does not reduce or increase obligations to clients, and as such does not increase or reduce costs associated with the program.

local governments:

This rule change clarifies client eligibility, but does not reduce or increase obligations to clients, and as such does not increase or reduce costs associated with the program.

small businesses:

This rule change clarifies client eligibility, but does not reduce or increase obligations to clients, and as such does not increase or reduce costs associated with the program.

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

No other persons impacted by this change.

Compliance costs for affected persons:

This rule change clarifies client eligibility, but does not reduce or increase obligations to clients, and as such does not increase or reduce costs associated with the program.

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

No additional comments other than above on this rule.

Ann Williamson, 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
Aging and Adult Services
195 N 1950 W
SALT LAKE CITY, UT 84116

Direct questions regarding this rule to:

• Nels Holmgren at the above address, by phone at 801-538-3921, by FAX at 801-538-4395, or by Internet E-mail at nholmgren@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:

09/02/2014

This rule may become effective on:

09/10/2014

Authorized by:

Nels Holmgren, Director

R510. Human Services, Aging and Adult Services.

R510-400. Home and Community Based Alternatives Program.

R510-400-16. Termination of Services.

(1) The Agency shall allow for the interruption, transfer and for termination for the client receiving Home and Community-based Alternatives Services or Older Americans Act Title IIIB Services as changes in client needs, Agency Provider, circumstances or conditions occur.

(2) PROCEDURE-Temporary Interruption of Service:

(a) Program Services may be interrupted for temporary periods (e.g. Hospitalization, out-of-state visiting, etc.): Such discontinuance of service shall not exceed 90 consecutive days. After this period, the case will either be closed and reopened as a new case with no priority other than Risk Score, or will be reviewed by the agency to determine a resumption of services.

(b) Waivers of time limit of the temporary interruption may be granted on an individual basis.

(c) Requests for a waiver must be in writing and approved by the Agency Director or his designee.

(d) Waiver requests, documentation and accompanying approval or denial must be maintained in the client's file.

[(3) PROCEDURE-Transfer of Services:

(a) When a client transfers from one agency to another, the client's original case file will be sent to the new agency. The transferring agency shall retain a copy of the client's file for Division auditing purposes.

(b) When accepting a client transferring from another agency, the receiving agency may request funding from the transferring agency to cover the client's expenses through the end of the current fiscal year. Any additional services the receiving agency proposes to provide a client being transferred would be the responsibility of the receiving agency, not the transferring agency.

(c) At the end of the fiscal year, the receiving agency will review the transferred client's care plan to determine the clients needs for the upcoming year at which time the agency may choose to maintain, increase, or decrease services as the its situation and funding dictate.

]([4]3) PROCEDURE-Termination of Service:

(a) When a client terminates service, the Case Manager will document in the case file the circumstances that precipitated the termination.

(b) Services may be terminated due to the following circumstances:

(i) When health and safety needs can no longer be met.

(ii) Death of the client.

(iii) Program funding does not allow services to continue.

(iv) [The client permanently leaves the state.]The client transfers out of the original planning and service area. The client may re-apply at the new planning and service area and services may be provided as funds permit to eligible adults as determined by DAAS Policy and Procedures for the Home and Community Based Alternatives program services.

(v) The client's financial situation improves beyond eligibility criteria, in which case agencies are encouraged to investigate options for transferring the client to other appropriate programs when discontinuing services. However, in this transfer, the client should not be given special preferences that would place them ahead of other potential clients in an applicant list situation.

(vi) Client chooses to leave the program.

(vii) Client refuses to comply with the care plan, exhibits inappropriate behaviors, or does not pay monthly fees.

 

KEY: elderly, home care services, long-term care alternatives

Date of Enactment or Last Substantive Amendment: [May 27, 2009]2014

Notice of Continuation: July 11, 2012

Authorizing, and Implemented or Interpreted Law: 62A-3-101 through 62A-3-312