Section R432-152-6 - Governing Body and Management(1) The licensee shall identify an individual or group to constitute the governing body of the facility that shall: (a) exercise general policy, budget and operating direction over the facility; and(b) set the qualifications for the administrator of the facility.(2) The licensee shall comply with applicable federal, state and local laws, regulations, and codes pertaining to health, safety and sanitation.(3)(a) The licensee shall appoint, in writing, an administrator professionally licensed by the Utah Department of Commerce as a nursing home administrator.(b) The administrator shall supervise no more than one licensed Intermediate Care Facility for Individuals with Intellectual Disabilities.(c) The administrator shall be on the premises of the facility enough hours in the business day, and at other times as necessary, to permit attention to the management and administration of the facility.(4)(a) The administrator shall designate, in writing, the name and title of a person to act as administrator in any temporary absence of the administrator.(b) The administrator's designee shall have enough power, authority, and freedom to act in the best interests of client safety and well-being.(c) It is not the intent of Subsection (4)(b) to permit an administrator's designee to supplant or replace the administrator the licensee appointed under Subsection (3)(a).(5) The licensee shall ensure the administrator's responsibilities are included in a written job description that is maintained on file and available for department review. The job description shall include the following responsibilities: (a) complete, submit and file records and reports required by the department;(b) function as liaison between the licensee, qualified intellectual disabilities professional and other supervisory staff of the facility;(c) respond to recommendations made by the facility committees;(d) ensure that employees are oriented to their job functions and receive appropriate and regularly scheduled in-service training;(e) implement policies and procedures for the operation of the facility;(f) hire and maintain the required number of licensed and non-licensed staff, as specified in this rule, to meet the needs of clients;(g) maintain facility staffing records for at least the preceding 12 months;(h) secure and update contracts for required professional and other services not provided directly by the facility;(i) verify required licenses and permits of staff and consultants at the time of hire or effective date of contract; and(j) review incident and accident reports and take appropriate action.(6) The administrator, QIDP and facility department supervisors shall develop job descriptions for each position including job title, job summary, responsibilities, qualifications, required skills and licenses, and physical requirements.(7) The administrator or designee shall conduct and document periodic employee performance evaluations.(8) The licensee shall ensure that personnel have access to facility policy and procedure manuals and other information necessary to effectively perform duties and carry out responsibilities.(9) The administrator shall establish policies and procedures for health screening that meet Subsection R432-150-10(4).(10) The administrator shall ensure that, in accordance with the state Medicaid Provider Agreement, facility staff provides any requested client records, including current contact information for the client's family, legal guardian or other client representatives upon request of the department.(11) The licensee shall:(a) establish and maintain a system that ensures a complete accounting of clients' personal funds entrusted to the facility on behalf of clients and precludes any commingling of client funds with facility funds or with the funds of any person other than another client;(b) ensure clients' financial records are available on request to each client or client's legal guardian;(c) ensure funds entrusted to the facility on behalf of clients are kept in the facility or are deposited within five days of receipt in an insured interest-bearing account in a local bank, credit union or savings and loan association authorized to do business in Utah;(d) deposit any money entrusted to the licensee over $150 in an interest-bearing account;(e) surrender any money and valuables of a client that have been entrusted to the licensee in exchange for a signed receipt, upon discharge of a client;(f) ensure money and valuables kept at the facility are surrendered upon demand and those kept in an interest-bearing account are obtained and surrendered to the client in a timely manner;(g) ensure within 30 days following the death of a client, except in the case of a medical examiner investigation, money and valuables of that client that have been entrusted to the licensee are surrendered to the person responsible for the client or to the executor or the administrator of the estate in exchange for a signed receipt;(h) immediately notify the local probate court in writing if a client dies without a representative or known heirs; and(i) promote communication and encourage participation of clients, parents and guardians in the active treatment services process.Utah Admin. Code R432-152-6
Amended by Utah State Bulletin Number 2022-04, effective 1/31/2022Adopted by Utah State Bulletin Number 2024-01, effective 12/19/2023