Current through Bulletin 2024-18, September 15, 2024
(1) A person shall
have access to review by a provider human rights committee, except for the
following service type:
(a) a physical
disability service; or
(b) the
self-administered service model.
(2) A provider shall create a provider human
rights committee or have use of any other provider's committee.
(a) A provider human rights committee shall
consist of a minimum of three individuals, and at least one individual may not
be employed by the provider.
(b) A
provider human rights committee shall review each use of a service by a
provider that relates to:
(i) a rights
issue;
(ii) a rights restriction;
or
(iii) an intrusive behavior
support.
(c) A provider
human rights committee shall make a recommendation about:
(i) abuse and neglect prevention;
(ii) rights training; and
(iii) supporting people in exercising their
rights.
(3) The
person or any other individual may request that the rights of a person be
reviewed by a provider human rights committee by contacting the person's
provider verbally or in writing.
(4) The division creates the Division Human
Rights Council (DHRC).
(a) The division
director shall appoint each DHRC member.
(b) DHRC membership shall include:
(i) a minimum of one family member of a
person in-service or a person enrolled in state plan Medicaid or a Medicaid
waiver;
(ii) a minimum of one
division employee;
(iii) a minimum
of one representative from Adult Protective Services; and
(iv) a minimum of one representative from the
Department of Health.
(c)
DHRC membership may not exceed 12 members.
(d) Each member serves a two-year term and
may be reappointed for one additional two-year term.
(e) A member may resign from the DHRC at any
time by giving 30-day notice in writing to the chairperson.
(f) The DHRC may remove a member for cause by
majority vote. Cause includes:
(i) a
continuous failure to be in attendance; or
(ii) a continuous failure to follow through
with a task assigned by the DHRC.
(5) The DHRC shall:
(a) review the initial Provider Human Rights
Plan for each provider;
(b) hear an
appeal of a decision made by a provider human rights committee;
(c) report to the Disabilities Advisory
Council;
(d) hold an annual public
meeting;
(e) help train a provider
or provider human rights committee about any trend in human rights violations
found through the appeal process; and
(f) review each use of a service by the
developmental center that relates to:
(i) a
rights issue;
(ii) a rights
restriction; or
(iii) an intrusive
behavior support.
(6) The person or any other individual may
appeal a provider human rights committee decision to the DHRC by contacting the
division constituent representative or emailing dhrc@utah.gov.
(a) The DHRC shall decide if there will be a
review.
(i) The DHRC shall notify the person,
provider, and support coordinator of the decision no later than eight business
days after the date of the decision.
(ii) Notification shall contain a statement
of the issue under review; and the process and timeline for completing the
review.
(b) An appeal to
the DHRC is not an adjudicative proceeding as described in Section
63G-4-201.
