Utah Admin. Code 510-400-11

Current through Bulletin 2024-19, October 1, 2024

Section R510-400-11 - Client Rights and Responsibilities

(1) Each local area agency shall develop a method to inform eligible individuals of their rights and responsibilities under the Alternatives Program.

(2) Each individual enjoys the following rights:

(a) to be fully informed of the individual's rights and responsibilities while participating in the Alternatives Program;

(b) to be fully informed of services and related fees for which the individual may be responsible and to be informed of changes in fees;

(c) to be afforded self-determination through participation in the development of the care plan, including the ability to refuse a service or referral to a provider;

(d) to be assured confidential treatment and maintenance of records;

(e) to be treated with consideration, respect, dignity and individuality, including privacy in care for personal needs; and

(f) to be assured that personnel who provide services, are either licensed, certified or registered with the appropriate governmental entity and have demonstrated the ability to correctly implement the services for which they are responsible.

(3) Each individual shall be responsible for the following:

(a) reporting any changes in the individual's circumstances that may impact eligibility or need for services to the case manager;

(b) attending appointments and when unable to do so for any reason, notifying the case manager or service provider; and

(c) adhering to the instructions and requirements of the care plan and services providers.

(4) An individual that receives personal services from a personal care attendant shall be responsible for the following:

(a) recruitment, selection, scheduling, and supervision of the personal care attendant;

(b) training the personal care attendant;

(c) requesting any additional training from the case manager;

(d) providing documentation of the personal care attendant's first aid training and certification to the case manager;

(e) verifying, signing, and providing the personal care attendant's time sheets to the designated entity by an established deadline;

(f) completing, maintaining, and filing any necessary tax documentation with the payroll agent;

(g) ensuring the personal care attendant understands confidentiality standards;

(h) participating in the monitoring and review of the care plan with the case manager;

(i) developing a back-up care plan that states the manner in which the personal care services will be provided when a personal care attendant is unavailable;

(j) developing and maintaining a file that includes copies of the current care plan, personal care attendant employee agreement, personal representative letter of agreement, tax documentation, time sheets, back-up care plan, and training plan;

(k) providing periodic feedback to the case manager regarding the quality of service being provided by the personal care attendant, including immediate notification of any concerns of abuse or exploitation;

(l) obtaining prior authorization for personal care attendant services from the case manager; and

(m) reporting any concerns of non-compliance, conflict, or other incidents to the case manager.

Utah Admin. Code R510-400-11

Amended by Utah State Bulletin Number 2015-14, effective 6/30/2015

Adopted by Utah State Bulletin Number 2022-09, effective 4/12/2022