Utah Admin. Code R539-1-5 - Services for People with Physical Disabilities

(1) The division shall only offer services for a physical disability to an eligible applicant with a disability as defined in Subsection 26B-6-401(9).
(2) An eligible applicant shall meet the following requirements:
(a) have a qualifying physical disability expected to last for a continuous period of 12 months or longer;
(b) have the functional loss of two or more limbs;
(c) have a need for a personal assistance service to accomplish an activity of daily living or an instrumental activity of daily living;
(d) be 18 years of age or older;
(e) be medically stable;
(f) be capable of selecting, training, and supervising a personal attendant;
(g) have at least one available personal attendant trained or willing to be trained;
(h) live in a safe residence that can accommodate the personnel and equipment needed to adequately and safely care for the applicant;
(i) be capable of managing personal financial and legal matters;
(j) have three or more substantial functional limitations; and
(k) be a state resident.
(3) The division shall:
(a) determine if an applicant is eligible for physical disability services within 90 days of receiving needed documentation; and
(b) keep supporting documentation in the applicant's electronic record.
(4) The division shall use the following supporting documentation to determine eligibility:
(a) Physical Disabilities Services Application Form 3-1 Part B signed by a licensed physician or licensed nurse practitioner attesting to each eligibility requirement; and
(b) the Minimum Data Set-Home and Community-based (MDS-HC).
(5) This section does not apply to an applicant who meets the eligibility criteria for an intellectual disability and related conditions or brain injury as described in Sections R539-1-4 and R539-1-6.

Notes

Utah Admin. Code R539-1-5
Amended by Utah State Bulletin Number 2016-22, effective 10/25/2016 Amended by Utah State Bulletin Number 2020-08, effective 4/8/2020 Amended by Utah State Bulletin Number 2020-22, effective 11/9/2020 Amended by Utah State Bulletin Number 2022-05, effective 2/22/2022 Adopted by Utah State Bulletin Number 2025-06, effective 3/3/2025

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