Section R539-5-5 - Employee Requirements(1) An employee hired by the person must be 16 years of age or older.(2) An employee younger than 18 years of age must have the employee agreement co-signed by their parent or guardian.(3) An employee may be a spouse. (a) The division may pay a spouse to provide a personal care service as described in Section 26-18-426.(b) The person and the team must ensure that employing a spouse is in the best interest of the person.(c) The person must make an informed choice to employ a spouse.(d) Any service provided by a spouse must conform to the person-centered support plan.(e) The division may pay a spouse for a maximum of 40 hours within a week.(f) If an employee, the spouse may not control the person's person-centered budget.(4) Except as described in Subsections (4)(a) through (4)(b) and (5), the division shall not pay a parent, step-parent, or guardian to provide a service to the person. (a) During a state of emergency declared by the state or federal government the following exceptions apply. (i) The division may pay a parent, step-parent, or guardian to provide a service to a person when necessary to maintain access to support and in the best interest of the person. (A) An approved Appendix K must authorize payment to a legally responsible caregiver and guardian.(B) Additional state and federal funding must be available.(ii) Any service provided must conform to the person's service plan.(iii) A parent, step-parent or guardian must obtain approval from the support coordinator before providing a service.(b) The division may pay a parent, step-parent, or guardian to provide a service eligible for federal funding under the American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4: (i) if the Centers for Medicare and Medicaid Services approves the home and community-based services spending plan and narrative; and(ii) if federal funding is available.(5) A person enrolled in the physical disabilities waiver may employ a parent, step-parent, or guardian to provide a personal attendant service under the following circumstances: (a) the person: (i) lives in a rural area within a five-mile radius of a population center with less than 2,500 people;(ii) lacks access to any other resource available to provide support within a 15-mile radius of the person; and(iii) conducts ongoing recruitment of an employee who is not a parent, step-parent, or guardian;(b) the parent, step-parent, or guardian has specialized training to safely operate a health related technology for the person, and the person demonstrates that no other dependable or qualified resource is available. A health related technology includes a ventilator, G peg tube feeding, home dialysis infusion, and wound care;(c) the person is functionally quadriplegic and dependent on any other individual: (i) to perform health and safety related support; and(ii) any other routine activity of daily living; or(d) the person needs support that is critical to the person's health and safety during non-traditional work hours, including at night; and(e) the personal attendant service provided by a parent, step-parent, or guardian conforms to the personal attendant service described in the person-centered support plan.(6) An employee must complete each employment requirement to get authorization to work with the person and to receive payment from the fiscal agent. (a) Complete and sign a form W-4.(b) Complete and sign a form I-9.(c) Complete a background check.(d) Complete and sign the employee agreement.(e) Read and sign the Provider Code of Conduct as described in Rule R495-876.(f) Review the approved and prohibited behavior support as described in Section R539-3-10. Behavior support may not violate Sections R495-876, R512-202, 62A-3-301 through 62A-3-321, and 62A-4a-402 through 62A-4-412.(g) Review the person's support book.(h) Review any other best practice material recommended by the division.(i) Complete any screening and training necessary to provide for the health and safety of the person.(j) Complete training on the person's behavior support plan.(k) Complete and sign the application for certification form to certify that the employee reviewed or signed each requirement as described in Subsections (6)(d) through (6)(j).Utah Admin. Code R539-5-5
Amended by Utah State Bulletin Number 2020-23, effective 11/23/2020Amended by Utah State Bulletin Number 2022-05, effective 2/22/2022