Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Office of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since September 1, 2017, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R398. Health, Family Health and Preparedness, Children with Special Health Care Needs.

Rule R398-20. Early Intervention.

As in effect on September 1, 2017

Table of Contents

R398-20-1. Authority and Purpose.

This rule implements the parent cost participation fee for the Baby Watch Early Intervention program under Part C of the Individuals with Disabilities Education Act(IDEA). This fee was mandated by the Utah State Legislature in the 2003 General Session, and modified in the 2013 General Session.

R398-20-2. Definitions.

(1) "Department" means the Utah Department of Health.

(2) "Provider" means a local direct service provider with whom the Department contracts to provide Part C services.

R398-20-3. Fees.

(1) The parent or legal guardian of an eligible child shall pay a monthly cost participation fee if their child is enrolled in the early intervention program and receives fee eligible services. The monthly fee is applicable for any month in which at least one billable service is:

(a) provided; or

(b) scheduled and not canceled within required time frames.

(2) Fees shall be charged based on a sliding fee schedule established by the Department. The sliding fee schedule shall begin at 185% of the most recently published federal poverty guidelines.

(3) The maximum fee on the sliding fee schedule shall be $200 per month.

(4) The family cost participation fee shall not be charged if the child or the child's family receives benefits under any of the following programs:

(a) Medicaid;

(b) Temporary Assistance to Needy Families;

(c) Family Employment Plan - Cash Assistance;

(d) Women Infants and Young Children;

(e) Early Head Start;

(f) Primary Care Network; or

(g) Children's Health Insurance Program.

R398-20-4. Income Reporting and Fee Determination.

(1) Each child's parent or legal guardian shall annually report the family income using the Department's Family Fee Determination Form to determine the monthly family fee.

(2) Upon request, the parent or legal guardian must provide a copy of the most recent federal income tax filing to the Department and its early intervention providers to verify family income as reported by the child's parent or legal guardian. If the federal income tax filing is unavailable, the parent or legal guardian may submit the prior three months' check stubs to extrapolate annual income.

(3) Completion of the Family Fee Determination Form is voluntary. If a child's parent or legal guardian chooses not to complete the Family Fee Determination Form, the family must pay the maximum level on the fee schedule.

R398-20-5. Hardship, Extenuating Circumstances.

(1) An eligible child shall not be denied service because of a family's inability to pay. The provider may waive all or part of the fee if there are extenuating family circumstances that affect a family's ability to pay, such as long-term hospitalization of a family member, casualty loss, moving expense, or other unusual expenses.

(2) If a family is able to pay, but chooses not to pay, the Department may instruct the local early intervention program to withhold fee eligible services.

R398-20-6. Services Not Subject to Fees.

(1) In accordance with Federal IDEA regulation, providers may not charge a fee for the following IDEA activities and services:

(a) implementation of child find, such as child developmental screening, or public awareness activities;

(b) evaluation and assessment;

(c) service coordination;

(d) activities to assist a child and the family to receive the authorized services;

(e) activities related to the development, review and evaluation of the Individualized Family Service Plan;

(f) activities related to child and family rights, including the administrative complaint process and mediation; or

(g) specialized services related to sensory loss provided through the Utah Schools for the Deaf and the Blind Parent Infant Programs, or Deaf Blind services.

KEY

early intervention, education, disabilities

Date of Enactment or Last Substantive Amendment

January 28, 2014

Notice of Continuation

August 2, 2013

Authorizing, Implemented, or Interpreted Law

26-10-2


Additional Information

Contact

For questions regarding the content or application of rules under Title R398, please contact the promulgating agency (Health, Family Health and Preparedness, Children with Special Health Care Needs). A list of agencies with links to their homepages is available at https://www.utah.gov/government/agencylist.html.