Utah Administrative Code
Topic - Human Services
Title R539 - Health and Human Services, Services for People with Disabilities
Rule R539-3 - Rights and Protections
Section R539-3-5 - Representative Payee Services

Universal Citation: UT Admin Code R 539-3-5

Current through Bulletin 2024-18, September 15, 2024

(1) Except as described in Subsections (1)(a) through (1)(c), a person shall have access to and control over their personal funds.

(a) A resident of the developmental center or the guardian requests that the developmental center act as the representative payee.

(b) A provider human rights committee approves a restriction on the use and access to personal funds.

(c) An administrative or court order requires the person to use a representative payee.

(2) The representative payee shall follow each Social Security Administration requirement as described in 20 CFR 416.601 through 20 CFR 416.665 (2020), incorporated by reference.

(3) The division shall review a sample of representative payee files from provider records on an annual basis. The division may work with any other office or bureau of the Department of Human Services and the Department of Health to audit provider records.

(4) The division shall act as representative payee when:

(a) the department has guardianship or conservatorship and the Social Security Administration the division as representative payee;

(b) a resident of the developmental center or the guardian requests that the developmental center act as the representative payee; or

(c) an administrative or court order requires the division to act as representative payee for a resident of the developmental center.

(5) The division shall give the person written notice to end any representative payee relationship as described in Subsection R539-3-5(4).

(6) The person shall complete a change of representative payee through the Social Security Administration.

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