Utah Admin. Code R539-1-6 - Services for People with Brain Injury
(1)
The division shall only offer services for a brain injury to an eligible
applicant with a disability as defined in Subsections
26B-6-401(3) and
26B-6-401(9).
(2) An eligible applicant shall meet the
following requirements:
(a) have a documented
diagnosis of a qualifying acquired neurological brain injury from a licensed
physician or licensed nurse practitioner;
(b) be 18 years of age or older;
(c) have three or more functional
limitations;
(d) score between 36
and 136 on the Comprehensive Brain Injury Assessment Form 4-1; and
(e) be a state resident.
(3) For the exclusive purposes of this type
of disability, functional limitations are defined as:
(a) "Memory" or "cognition" means an
applicant's brain injury resulted in a substantial problem with recall of
information, concentration, attention, planning, sequencing, executive level
skills, or orientation to time and place.
(b) "Activities of daily life" means an
applicant's brain injury resulted in substantial dependence on another
individual to move, eat, bathe, toilet, shop, prepare a meal, or pay a
bill.
(c) "Judgment" and
"Self-protection" means the applicant's brain injury resulted in substantial
limitation of the ability to:
(i) provide
personal protection;
(ii) provide a
necessity including food, shelter, clothing, mental health care, or any other
health care;
(iii) obtain a service
necessary for health, safety, or welfare; or
(iv) comprehend the nature and consequence of
remaining in a situation of abuse, neglect, or exploitation.
(d) "Control of emotion" means the
applicant's brain injury resulted in substantial limitation of the ability to
regulate mood, anxiety, impulsivity, agitation, or socially appropriate
conduct.
(e) "Communication" means
the applicant's brain injury resulted in substantial limitation in language
fluency, reading, writing, comprehension, or auditory processing.
(f) "Physical health" means the applicant's
brain injury resulted in substantial limitation of the normal process and
working of the human body.
(g)
"Employment" means the applicant's brain injury resulted in substantial
limitation in obtaining and maintaining a gainful occupation without ongoing
support.
(4) The
division determines eligibility.
(a) The
division shall determine if an applicant is eligible for acquired brain injury
services within 90 days of receiving eligibility documentation.
(b) The division shall keep supporting
documentation in the applicant's electronic record.
(5) The division shall use the following
supporting documentation to determine eligibility:
(a) documentation of a diagnosis of a
qualifying acquired brain injury diagnosis signed by a medical professional
whose scope of licensure includes the ability to render diagnoses;
and
(b) Comprehensive Brain Injury
Assessment Form 4-1, parts A through L.
Notes
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