DAR File No. 41802

Human Services, Services for People with Disabilities

Rule R539-10

Short-Term Limited Waiting List Services

Notice of Proposed Rule

(Amendment)

DAR File No.: 41802
Filed: 06/13/2017 09:11:00 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule change incorporates feedback that the Division of Services for People with Disabilities has received from recipients of those services, as well as internal staff to improve the provision of these services in a timely and efficient manner with new protocols and procedures in place.

Summary of the rule or change:

This rule amendment changes the time frames with which recipients of short-term limited respite care services may use their allotted budgets from being available only during the fiscal year in which they were granted to being available for 365 days from the date the budget and plan was activated. This rule also clarifies the selection process for determining who is selected to participate in the short-term limited respite care program for that year, and removes unnecessary language regarding eligibility requirements. It provides a preference for those families who were not selected in previous years while still allowing the Division to provide services to those who have received it in the previous year, provided the Division has sufficient funds to do so. This change also eliminates form selection and enrollment process for short-term limited family skill building.

Statutory or constitutional authorization for this rule:

• Section 62A-5-102

Anticipated cost or savings to:

the state budget:

Review of the amendments to this rule confirms that there is no additional anticipated cost or savings to the state budget as a result of these changes. This rule changes time frames and the selection process but does not impact funding for the Division, services providers, recipients, or the public.

local governments:

Review of the amendments to this rule confirms that there is no additional anticipated cost or savings to the local government as a result of these changes. Local governments neither enforce nor are affected by the time frames and selection process for short-term limited respite care services. Therefore, no cost or savings to local governments are anticipated.

small businesses:

Review of the amendments to this rule confirms that there is no additional anticipated cost or savings to small business as a result of these changes. Adjusting the time frames and selection process does not affect small business because the number of people served by small or large provider agencies stay the same, as do the services provided.

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

Review of the amendments to this rule confirms that there is no additional anticipated cost or savings to other persons as a result of these changes. Adjusting the time frames and selection process does not affect individuals, partnerships or other persons because the total number of individuals served remains the same as do the services provided. The changes result in no additional cost savings and do not result in any compliance costs, and therefore does not impact the funding for the Division, services providers, recipients, or the public.

Compliance costs for affected persons:

The amendments to this rule do not result in any compliance costs for persons with disabilities, persons' families or guardians, or any other persons or entities. This rule changes time frames and the selection process but does not impact funding for the Division, services providers, recipients, or the public.

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

The Department of Human Services anticipates no financial impact on businesses. This rule changes time frames and the selection process but does not impact funding for the Division, services providers, recipients, or the public. After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to business.

Ann Williamson, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office 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 Robbins at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at [email protected]
• Jolene Hanna at the above address, by phone at 801-538-4154, by FAX at , or by Internet E-mail at [email protected]

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:

07/31/2017

This rule may become effective on:

08/07/2017

Authorized by:

Angella Pinna, Director

R539. Human Services, Services for People with Disabilities.

R539-10. Short-Term Limited Waiting List Services.

R539-10-1. Purpose and Authority.

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

(a) procedures and standards for the determination of eligibility for persons on the waiting list to receive short-term, limited services from the Division.

(2) This rule is authorized by Subsections 62A-5-102(2); 62A-5-102(7)[(c)].

 

R539-10-2. Definitions.

(1) Terms used in this rule are defined in Section 62A-5-101 and R539-1-2.

(2) In addition:

(a) "Active Status" means a person has a current needs assessment score and is on the Division's waiting list.

(b) "Respite" is a service provided in a person's residence or other approved residential setting, designed to give relief to or during the temporary absence of a person's primary caregiver.

 

R539-10-3. Eligibility.

(1) A person is eligible for short-term limited waiting list services if:

[(a) the person has met eligibility criteria for non-waiver services as set forth in R539-1;]

([b]a) the person is not receiving ongoing services with the Division; and

([c]b) the person is currently in active status on the Division's waiting list.

 

R539-10-4. Limitations.

(1) With the exception of Short-Term Limited Respite Care Services, [F]funds granted must be used during the fiscal year in which they are granted, beginning July 1st of the year granted and ending June 30th of the following year.

(a) If there is no plan to use the funds or if the funds are unused, those funds will return to the Division and may be reallocated to another eligible person.

(2) Funds granted for Short-Term Limited Respite Care Services must be used within 365 days of the date in which the plan is activated.

(a) if funds are unused within 365 days of the date in which the plan is activated, those funds will return to the Division and shall be reallocated to another eligible person as set forth in Subsection R539-10-5(2)(c).

[(b) In the case of short-term limited family skill building and preservation classes, openings that become available due to families dropping out of the program or other circumstances, shall be filled if possible by additional families from the same geographical area that meet all eligibility criteria.]

(3) Funds may be withdrawn or reduced at any time and the establishment of a person's budget does not constitute an obligation for the Division to provide services or funding.

 

R539-10-5. Selection for Short-Term Limited Respite Care Services.

(1) Non-lapsing Funds may be available to provide short-term limited respite care services for persons determined eligible who are on the Division's waiting list.

(2) [When]If the Division determines that sufficient funds are available to provide short-term limited respite care services, persons will be selected to receive short-term limited respite care according to the following method:

(a) The Division shall identify all persons on the waiting list who have indicated that they are in need of respite services;

(b) Persons identified by the Division as needing respite services, who had not been selected to receive respite services in the previous selection period, shall be grouped together, from which the Division shall use a random selection process to select persons to receive short-term limited respite care services.

(c) if the Division determines that sufficient funds are available to provide additional short-term limited respite care services, after all persons who had not been selected to receive respite services during the previous selection period have been given an opportunity to receive short-term limited respite care services, the Division may use a random selection process to select persons to receive short-term limited respite care services from the remaining persons on the waiting list who have indicated that they are still in need of respite services regardless of whether the person had been selected previously.

(d) a sibling of a person selected to receive short-term limited respite care services, at the discretion of the Division, may also be selected to receive short-term limited respite care services in the same selection period despite not being selected.

(3) Notwithstanding the foregoing, the Division Emergency Services Management Committee (ESMC) may select a person on the waiting list to receive short-term limited respite care services if the ESMC determines that short-term limited respite care services are appropriate to address the emergency circumstances faced by the person.

 

R539-10-6. Short-Term Limited Respite Care Provider Options.

(1) Short-term limited respite care services may be provided through either the Self-Administered Services Model or the traditional Agency-Based Provider Model or a combination of both.

(2) If the person elects the Self-Administered Services Model to provide short-term limited respite care, the following requirements must be met:

(a) the person must select a fiscal agent, through which all payments to employees must be made;

(b) the person must adhere to all additional requirements set forth in Section R539-5.

 

[ R539-10-7. Additional Participation Requirements for Short-Term Limited Family Skill Building and Preservation Classes.

(1) In order to be eligible for participation in short-term family skill building and preservation classes the family of the eligible person must agree to the following additional requirements:

(a) To sign a participation agreement stating that the family will participate fully in the offered short-term family skill building and preservation classes;

(b) To have the person's waiting list needs assessment re-evaluated within six months of completing participation in the short-term family skill building and preservation classes;

 

R539-10-8. Selection and Enrollment for Short-Term Limited Family Skill Building and Preservation Classes.

(1) Nonlapsing Funds may be available to provide short-term limited family skill building and preservation classes for persons determined eligible who are on the Division's waiting list.

(2) When the Division determines that sufficient funds are available to provide short-term limited family skill building and preservation classes, persons will be selected to participate in the family skill building and preservation classes according to the following parameters:

(a) The Division shall advertise an open enrollment period to all persons with an active status on the Division's waiting list;

(b) During the open enrollment period, the Division will accept applications for a two week period from persons or their families wishing to participate;

(i) Additional enrollment periods may be offered as the Division deems necessary;

(c) Applications will be reviewed to determine an applicant's eligibility;

(d) Eligible applicants will be admitted into the program in the order in which they have applied to participate, in the respective geographical area in which they live;

(i) If the number of applications for the respective geographical area exceeds 300 during the open enrollment period, all eligible program applicants will be grouped together from which participants will be selected to participate using a random selection process;]

 

R539-10-[9]7. Short-Term Limited Service Brokering Services.

(1) Non-lapsing Funds may be available to provide short-term limited service brokering services for persons determined eligible who are on the Division's waiting list.

(2) When the Division determines that sufficient funds are available to provide short-term limited service brokering services, persons will be selected to receive short-term limited service brokering services according to need as determined from information supplied to the Division.

 

KEY: waiting lists, family preservation, respite, service brokering

Date of Enactment or Last Substantive Amendment: [December 30, 2013]2017

Authorizing, and Implemented or Interpreted Law: 62A-5-102(7)