Utah Admin. Code R510-400-16 - Contract Compliance

(1) The division shall monitor and review the local area agency on an annual basis to ensure appropriate administration of the Alternatives Program.

(2) A local area agency shall be notified at least ten business days in advance of an annual monitoring review.

(3) The division shall review the following information to prepare and complete an annual monitoring review of a local area agency:

(a) any corrective action reports;

(b) correspondence identifying technical assistance needs;

(c) at least 10% or ten case records, whichever is larger, of the local area agency's case load, selected at random;

(d) interviews with the individuals and case managers of the randomly selected cases;

(e) service expenditures; and

(f) contractual provisions.

(3) The division shall complete an interview with the local area agency director or the local area agency director's designee. The division shall inform the local area agency director or the local area agency director's designee of the findings of the annual monitoring review, which shall include:

(a) an overall evaluation of local area agency's performance of the Alternatives Program;

(b) any contractual or policy deficiencies;

(c) circumstances that warrant additional review of case files or other documentation;

(d) issues that warrant the need for a corrective action plan;

(e) identification and recognition of positive or innovative aspects of the local area agency's Alternatives Program; and

(f) any comments from individuals.

(4) The division shall provide the local area agency with a written report of its formal findings described in Subsection R510-400-16(3) within ten business days of the monitoring review.

(5) The division may request a fiscal or contractual audit of the local area agency when the division documents concerns in the following areas:

(a) budgetary balances;

(b) subcontract monitoring;

(c) case management supervision;

(d) service provider or individual complaints;

(e) payments for services;

(f) access to services;

(g) eligibility determinations; or (h) intake and referral.

(6) Any appeal of the division's findings shall be submitted to the division by the local area agency within ten days of receipt of the written report.

(a) The division may require a corrective action plan to address any areas of concern or noncompliance.

(b) A corrective action plan shall be implemented according to an agreed upon time schedule, but implementation may not exceed 90 days from the date the division approves the corrective action plan.

(c) The division shall provide technical assistance to the local area agency, if requested, to complete the corrective action plan. The division may complete additional monitoring reviews to ensure that the corrective action plan requirements were completed.

(7) An appeal described in Subsection R510-400-16(6) is not an adjudicative proceeding as described in Section 63G-4-201.

(8) The division may terminate a contract or reduce funding if a corrective action plan is not implemented or successfully completed by the local area agency.

Notes

Utah Admin. Code R510-400-16

Amended by Utah State Bulletin Number 2014-21, effective 10/8/2014 Adopted by Utah State Bulletin Number 2022-09, effective 4/12/2022