Utah Admin. Code 432-35-5

Current through Bulletin 2024-20, October 15, 2024
Section R432-35-5 - Covered Contractor - DACS Process
(1) The covered contractor may enter required information into DACS to initiate certification for direct patient access of each covered individual before providing the individual by contract with a covered provider.
(2) The covered contractor shall ensure the covered individual, being provided by contract to a covered provider:
(a) signs a criminal background screening authorization form that is available for review by the department; and
(b) submits fingerprints within 15 working days of placement with a covered provider.
(3) The covered contractor shall ensure DACS reflects the current status of the covered individual within five working days of placement or termination.
(4) The covered contractor may provisionally provide a covered individual with a covered provider while certification for direct patient access is pending as permitted in Section 26B-2-239.
(5) If the department determines an individual is not eligible for direct patient access, based on information obtained through DACS and the sources listed in Section R432-35-8, the department shall send a notice of agency action, as outlined in Rule R432-30, to the covered contractor and the individual explaining the action and the individual's right of appeal.
(6) A covered contractor may not provide a covered individual to a covered provider, if the individual is determined not eligible to have direct patient access.
(7) The department may allow a covered individual direct patient access with conditions, during an appeal process, if the covered individual can demonstrate to the department that the work arrangement does not pose a threat to the safety and health of patients or residents.

Utah Admin. Code R432-35-5

Amended by Utah State Bulletin Number 2018-18, effective 10/1/2018
Amended by Utah State Bulletin Number 2020-04, effective 3/1/2020
Amended by Utah State Bulletin Number 2020-05, effective 3/1/2020
Amended by Utah State Bulletin Number 2023-17, effective 8/22/2023