Utah Administrative Code
Topic - Human Services
Title R539 - Health and Human Services, Services for People with Disabilities
Rule R539-5 - Self-Administered Services
Section R539-5-5 - Employee Requirements
Universal Citation: UT Admin Code R 539-5-5
Current through Bulletin 2024-18, September 15, 2024
(1) An employee hired by the person must be 16 years of age or older.
(2) An employee younger than 18 years of age must have the employee agreement co-signed by their parent or guardian.
(3) An employee may be a spouse.
(a) The division may pay a spouse to
provide a personal care service as described in Section 26-18-426.
(b) The person and the team must ensure that
employing a spouse is in the best interest of the person.
(c) The person must make an informed choice
to employ a spouse.
(d) Any service
provided by a spouse must conform to the person-centered support
plan.
(e) The division may pay a
spouse for a maximum of 40 hours within a week.
(f) If an employee, the spouse may not
control the person's person-centered budget.
(4) Except as described in Subsections (4)(a) through (4)(b) and (5), the division shall not pay a parent, step-parent, or guardian to provide a service to the person.
(a) During a state of emergency declared by
the state or federal government the following exceptions apply.
(i) The division may pay a parent,
step-parent, or guardian to provide a service to a person when necessary to
maintain access to support and in the best interest of the person.
(A) An approved Appendix K must authorize
payment to a legally responsible caregiver and guardian.
(B) Additional state and federal funding must
be available.
(ii) Any
service provided must conform to the person's service plan.
(iii) A parent, step-parent or guardian must
obtain approval from the support coordinator before providing a
service.
(b) The division
may pay a parent, step-parent, or guardian to provide a service eligible for
federal funding under the American Rescue Plan Act of 2021,
Pub. L.
117-2, 135 Stat. 4:
(i) if the Centers for Medicare and Medicaid
Services approves the home and community-based services spending plan and
narrative; and
(ii) if federal
funding is available.
(5) A person enrolled in the physical disabilities waiver may employ a parent, step-parent, or guardian to provide a personal attendant service under the following circumstances:
(a) the person:
(i) lives in a rural area within a five-mile
radius of a population center with less than 2,500 people;
(ii) lacks access to any other resource
available to provide support within a 15-mile radius of the person;
and
(iii) conducts ongoing
recruitment of an employee who is not a parent, step-parent, or
guardian;
(b) the parent,
step-parent, or guardian has specialized training to safely operate a health
related technology for the person, and the person demonstrates that no other
dependable or qualified resource is available. A health related technology
includes a ventilator, G peg tube feeding, home dialysis infusion, and wound
care;
(c) the person is
functionally quadriplegic and dependent on any other individual:
(i) to perform health and safety related
support; and
(ii) any other routine
activity of daily living; or
(d) the person needs support that is critical
to the person's health and safety during non-traditional work hours, including
at night; and
(e) the personal
attendant service provided by a parent, step-parent, or guardian conforms to
the personal attendant service described in the person-centered support
plan.
(6) An employee must complete each employment requirement to get authorization to work with the person and to receive payment from the fiscal agent.
(a) Complete and sign a form W-4.
(b) Complete and sign a form I-9.
(c) Complete a background check.
(d) Complete and sign the employee
agreement.
(e) Read and sign the
Provider Code of Conduct as described in Rule R495-876.
(f) Review the approved and prohibited
behavior support as described in Section
R539-3-10.
Behavior support may not violate Sections R495-876, R512-202,
62A-3-301 through
62A-3-321,
and
62A-4a-402 through
62A-4-412.
(g) Review the person's
support book.
(h) Review any other
best practice material recommended by the division.
(i) Complete any screening and training
necessary to provide for the health and safety of the person.
(j) Complete training on the person's
behavior support plan.
(k) Complete
and sign the application for certification form to certify that the employee
reviewed or signed each requirement as described in Subsections (6)(d) through
(6)(j).
Disclaimer: These regulations may not be the most recent version. Utah may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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