Utah Admin. Code R414-510-4 - Department Responsibilities to Provide HCBS Education to Individuals Who Reside in ICFs

(1) EI staff shall provide ongoing HCBS education to ICF residents and shall:

(a) display transition program and staff contact information in conspicuous locations within each ICF;

(b) hold recurring meetings with ICF residents, guardians, or representatives;

(c) provide opportunities for ICF residents, guardians, or representatives to visit HCBS settings; and

(d) provide opportunities for ICF residents, guardians, or representatives to receive support from peers who have experienced moving from an ICF to HCBS.

(2) EI staff shall provide education about the transition program and HCBS in multiple ways and in a manner responsive to each person's method of communication. Examples include:

(a) in-person discussions;

(b) one-on-one or group discussions;

(c) interactions in community-based settings; and

(d) communication by telephone or through email.

(3) EI staff shall provide educational materials in print or other mediums.

(4) As EI staff provide ongoing education about HCBS to individuals without guardians, EI staff shall work with the individual and anyone the individual invites to participate to express whether the individual wants to participate in the transition program. At each interval, EI staff shall document and act upon the individual's decision.

(5)

(a) As ongoing education about HCBS is provided to individuals with guardians, EI staff shall work with the guardian and the individual. If the guardian has decision-making authority on where the individual lives, EI staff shall rely on the decision rendered by the guardian regarding whether the guardian wants the individual to participate in the transition program.

(b) If the guardian's decision conflicts with the expressed interest of the individual, the transition worker shall:

(i) confirm the guardian's authority to make health care decisions;

(ii) request a meeting with the guardian to discuss the individual's expressed interest in accordance with Subsection 75-5-312(1)(e); and

(iii) provide a copy of the department letter to guardians about involvement of the ward in decision-making to the extent possible, and the responsibility of the guardian to take into account the preferences of the individual.

(6) EI staff shall inform individuals or guardians that they may express interest in participating in the transition program at any time in writing, or by any other means through which a reasonable person would believe that the individual is interested in living in the community. Interest may be expressed at any time before or after EI staff contact the individual or their guardian, and the individual retains the right to change a decision at any time.

Notes

Utah Admin. Code R414-510-4

Amended by Utah State Bulletin Number 2015-20, effective 9/29/2015 Amended by Utah State Bulletin Number 2018-16, effective 7/27/2018 Amended by Utah State Bulletin Number 2019-15, effective 7/15/2019 Adopted by Utah State Bulletin Number 2024-01, effective 1/1/2024