Current through Bulletin 2024-06, March 15, 2024
(1)
(a) To
ensure that EI staff provide transition program education to individuals who
reside in ICFs, their legal guardians, and to others the individual may
identify to assist in the decision-making process, the ICF administrator shall
submit to the department the contact information for each individual on a
biannual basis, in July and January of each year.
(b) ICFs shall send updates to the department
that include:
(i) names of each individual
who resides at the facility and the individual's known personal contact
information, including phone numbers and email addresses;
(ii) names of individuals, guardians,
representatives, family members, and their known contact information including
phone numbers, email addresses, and physical addresses.
(c) In between scheduled updates, as ICFs
become aware of changes to contact information, ICFs shall communicate the
changes in writing directly to the department within ten days of becoming aware
of the change.
(2)
(a) In accordance with the Utah Medicaid
Provider Agreement signed by each ICF, the ICF administrator shall provide to
department staff timely access to requested member records.
(b) ICFs shall fulfill written documentation
requests they receive from the department within five business days of the
request. The department shall report cases of non-compliance to DLBC for
investigation.
(3) Within
90 days of ICF employment, ICF direct-care staff shall participate in HCBS
general training. The department shall provide the training curriculum and
include specialized training for the care of children and youth with
intellectual disabilities. An ICF shall provide evidence of employee training
records to the department upon request.
(4) The facility administrator and employees
shall ensure the rights of individuals are protected and shall:
(a) provide the means for individuals and
guardians to access information about HCBS;
(b) not discourage an individual from
accessing information, making decisions about, learning about, or moving into
HCBS; and
(c) provide necessary
support for individuals who decide to move into HCBS.
(5) A facility administrator or employee is
considered to have discouraged access to HCBS under Subsection (4)(b) if they
seek to prevent member access by:
(a) limiting
member access to information;
(b)
providing false information;
(c)
expressing disapproval to members in the ICF of HCBS
(d) seeking to impose individual goals for
the individual to meet before seeking HCBS;
(e) preventing communication with department
staff or other outside organizations; or
(f) interfering with or delaying an
individual's move to HCBS.
(6) For allegations of non-compliance with
Rule R414-510, the department shall:
(a)
review the allegation with the ICF administrator and seek remedies to address
the issue;
(b) track allegations,
and if a pattern of recurrence is detected, require a written plan of
correction from the provider; and
(c) refer cases to DLBC for
investigation.
