Section R414-516-4 - Exceptions and Holdings(1) DMHF shall notify a program when it does not meet the requirements of Subsection R414-516-3(1), and place the program on probation during the subsequent SFY.(2) The program must email to qiupl@utah.gov, a detailed description of why the facility did not comply with the requirements within 30 calendar days of receiving notice, and must send a corrective action plan detailing how the facility will comply in the subsequent SFY.(3) If the program fails to comply with Subsection R414-516-3(1) for a second consecutive SFY, DMHF shall send the program a notice of failure to meet the requirements and shall remove the program from the seed contract. (a) The program may submit within 30 days of receiving notice, a written request to remain in the seed contract, which contains evidence showing extraordinary circumstances that reasonably prevented the program from demonstrating compliance. Based on the evidence, DMHF may determine the program has provided sufficient documentation to meet its burden of proof and waive program removal from the seed contract.(b) Effective the last day of the quarter in which DMHF determines non-compliance, DMHF shall remove the program from the seed contract, and the program may not receive payments for at least 12 months.(c) If DMHF determines the program has complied with Subsection R414-516-3(1) for an entire subsequent SFY, DMHF shall amend the seed contract and reinstate the program effective the first day of the quarter after the determination is made.Utah Admin. Code R414-516-4
Adopted by Utah State Bulletin Number 2018-2, effective 1/1/2018Amended by Utah State Bulletin Number 2019-8, effective 3/21/2019Amended by Utah State Bulletin Number 2022-02, effective 12/29/2021