Utah Administrative Code
Topic - Health
Title R410 - Health Care Financing
Rule R410-14 - Administrative Hearing Procedures
Section R410-14-24 - Home and Community-Based Waver Hearings
Universal Citation: UT Admin Code R 410-14-24
Current through Bulletin 2024-06, March 15, 2024
(1) Pursuant to 42 CFR 431 Subpart E, DIH shall provide an appeals hearing procedure for home and community-based waiver hearings. DIH shall conduct the informal hearing pursuant to this rule and the requirements of 42 CFR 431.200 through 431.250.
(2)
(a) For
home and community-based waivers in which the Division of Services for People
with Disabilities (DSPD) is the designated operating agency and the grievance
is based on whether the person meets the eligibility criteria for state
matching funds through DHHS in accordance with Title 62A, Chapter 5a,
Coordinating Council for Persons with Disabilities, the eligibility
determination of the operating agency is final.
(b) If DSPD determines that an individual
does not meet the eligibility criteria for state matching funds through DHHS,
it shall inform the individual in writing and provide the individual an
opportunity to appeal the decision through the DIH hearing process in
accordance with Section
R539-3-8.
(c) The DSPD decision is dispositive for
purposes of this subsection. DIH shall sustain the determination and there is
no right to further agency review.
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