Utah Admin. Code R501-23-4 - [Effective until 6/18/2025] Certification Required

(1) Certification is required for a provider to enter into a department contract to provide residential or day support certification services.

(2)

(a) For a site-based certification, the provider may not serve more than three clients at each site, as serving four or more clients requires a day treatment or residential support license in accordance with Section 26B-2-101.

(b) For a community-based certification, the provider may not serve more than three clients in total, as serving four or more clients requires an OL day treatment license in accordance with Subsection 26B-2-101(12).

(3)

(a) A DSPD certification is for a provider and is specific only to an approved site.

(b) A DSPD certification is not assignable or transferable.

(c) A new DSPD certification is required for each different provider or for each different site.

(4) If the department places a condition, suspension, or sanction status on a DSPD provider's certification, the provider must comply with each condition before a certification, contract, or license in good standing is granted by the department.

(5) In addition to complying with this rule, a DSPD provider must be in good standing with the department to:

(a) renew or to enter into a new contract with the department;

(b) renew or start a new certification; or

(c) have any sanction removed, including a conditional, suspension, or contractual sanction status issued by the department.

(6) OL may not issue an initial or renewal DSPD certification when:

(a) an applicant's background check status is determined as not eligible;

(b) OL finds that an applicant or provider maintains association with any individual with a certification, contract, or license revoked by the department if the application is submitted within five years from the time of the revocation;

(c) the provider does not complete the background check process within 60 calendar days of submitting the initial application;

(d) the provider is not present for the site inspection;

(e) the provider does not show compliance with rule and requirements within 60 calendar days of submitting the initial application;

(f) the provider is found in noncompliance with any inspection by the required date outlined in Subsection R501-23-6(2);

(g) there is another active department license or certification at the same address; or

(h) the provider fails to cooperate with any inspection.

(7) If OL does not issue a certification for a reason listed in Subsection (6), the provider may not reapply for certification for at least three months.

Notes

Utah Admin. Code R501-23-4

Adopted by Utah State Bulletin Number 2025-06, effective 2/18/2025, exp. 6/18/2025 (Emergency)