Utah Admin. Code R501-20-8 - Additional Considerations for DSPD Home and Community Based Medicaid Waiver Licensees

(1) This section of rule supersedes any conflicting requirements of Rules R501-1 and R501-20.

(2) A licensee serving clients of DSPD shall ensure staff to client ratios are determined by the DSPD worksheet and are individualized based on the person's need.

(3) A licensee shall ensure a ratio of one staff to six persons is maintained at all times.

(4) A licensee serving Home and Community Based Services (HCBS) Medicaid Waiver clients shall:

(a) identify themselves as a Waiver provider on their licensing application and follow all attestation and survey requirements therein;

(b) comply with the HCBS Settings rule and Rule R414-519 to include:

(i) providing non-segregated bathrooms;

(ii) providing individually stalled bathrooms with locking capability with only trained and authorized staff having access to keys for safety;

(iii) ensuring the setting is fully accessible and affords access to the community;

(iv) ensuring client information is not posted or stored in public spaces;

(v) not restricting client access to food unless documented in the person-centered service plan or behavior support plan;

(vi) allowing clients individual initiative, autonomy, independence and choices in regard to their daily activities, physical environment and with whom they interact as much as safely possible; and

(vii) supervising clients and maintaining supporting documentation according to the person-centered service plan or behavior support plan; and

(c) when there is a conflict between a rule under Title R501 and Settings rule, Settings rule shall supersede.

(5) A licensee shall identify any community-based supports provided under the day treatment license and ensure that community-based services are provided safely and in consideration of weather, transportation, emergencies and overall client needs for food, medicine and any other assistance necessary for safe participation in the program.

Notes

Utah Admin. Code R501-20-8

Amended by Utah State Bulletin Number 2024-01, effective 12/19/2023