Utah Admin. Code 539-1-3

Current through Bulletin 2024-17, September 1, 2024

Section R539-1-3 - Definitions

As used in this rule:

(1) Terms used in this rule are defined in Section 62A-5-101.

(2) "Agency Action" means an action taken by the division that results in:

(a) a determination of eligibility or change of intake status for an applicant; and

(b) a denial, termination, suspension, or reduction of a service applied for or included in the budget of a person receiving division funding.

(3) "Applicant" means an individual or a representative of an individual applying for a determination of eligibility.

(4) "Cash Assets" means any stock, bond, certified deposit, saving, checking, and trust account. An exempt discretionary trust account as described in Subsection 62A-5-110(6) is not included.

(5) "Department" means the Department of Human Services.

(6) "Form" means a standard document required by division rule or other applicable law.

(7) "Guardian" means someone appointed by a court to be a substitute decision-maker for an individual deemed incompetent to make an informed decision.

(8) "Hearing Request" means a written request made by an applicant or a person for a hearing concerning a denial, deferral or change in service.

(9) "ICF" means Intermediate Care Facility for People with Intellectual Disability.

(10) "Person" means an individual or their representative found eligible for division funding for a support service, who is waiting for or receiving a service.

(11) "Qualifying Acquired Neurological Brain Injury" means an eligible diagnosis from the International Classification of Diseases. Tenth Revision, Clinical Modification (ICD-10-CM), as described in division Directive 1.40 Qualifying Acquired Brain Injury Diagnoses (2021), incorporated by reference.

(12) "Related Conditions" means the same as defined in 42 CFR 435.1010.

(13) "Representative" means any legal representative including the parent of a minor child, a court appointed guardian, or a retained lawyer.

(14) "Resident" means an applicant, person, or guardian who voluntarily lives in the state with the intention of making the state their place of residence.

(15) "Support" means assistance for any portion of a task that allows a person to:

(a) independently complete any other portion of the task; or

(b) assume increasingly greater responsibility for performing the task independently.

(16) "Support Coordinator" means an employee of the division or an individual contracted with the division who provides assistance with:

(a) assessing the need of a person receiving division funding;

(b) developing a service and support plan for a person receiving division funding;

(c) completing written documentation of support;

(d) monitoring the appropriate spending of a person's annual budget; and

(e) monitoring the quality of each service used by a person receiving division funding.

(17) "Team Member" means any member of the person's circle of support who participates in the planning and delivery of any service and support with the person. Team members may include the person applying for or receiving a service, the parent, the guardian, the support coordinator, a friend of the person, and any other professional and provider staff working with the person.

(18) "Waiver" means the Medicaid approved plan for a state to provide home and community-based services to a person with a disability instead of institutionalization in a Title XIX facility.

Utah Admin. Code R539-1-3

Amended by Utah State Bulletin Number 2016-22, effective 10/25/2016

Amended by Utah State Bulletin Number 2020-08, effective 4/8/2020

Amended by Utah State Bulletin Number 2020-22, effective 11/9/2020

Amended by Utah State Bulletin Number 2022-05, effective 2/22/2022