Utah Admin. Code R539-12-7 - Budget Review

(1) The division annually reviews utilization of person-centered budgets to maintain alignment of funding and the person's needs.
(a) The division Administrative Services Director begins the review process in August of each fiscal year.
(b) A Request for Services Committee member reviews each budget with potential funding misalignment.
(2) The division shall reduce a person-centered budget after two consecutive and completed plan cycles of underuse due to a misalignment of funding and actual need.
(a) A budget with a $2,000 or more surplus is subject to a budget reduction that realigns funding with actual need.
(b) The division shall presume that the person-centered budget aligns with the person's need if underuse is caused by one or more of the following reasons:
(i) hospitalization, including placement in the Utah State Hospital;
(ii) incarceration;
(iii) temporary placement in facility-based care, including placement in a nursing facility or a private intermediate care facility;
(iv) temporary placement at the developmental center;
(v) public health or other declared emergency;
(vi) limited access to a service provider; or
(vii) limited access to a direct care employee for a person participating in the self-administered services model.
(c) The division Administrative Services Director may consider budget underuse for a reason not listed in Subsection R539-12-7(2)(b) on a case-by-case basis.
(2) The division shall notify the support coordinator of a budget reduction 30 days before sending a notice of agency action.
(a) A support coordinator must submit written justification within 30 days of notification to dispute the reduction.
(b) The support coordinator must include documentation that explains:
(i) why the unused service continues to represent the person's need;
(ii) why the service was not used; and (iii) how underuse is being remedied.
(3) The committee members will review the documentation and determine whether the justification is adequate.
(4) If the division reduces the unused portion of the person-centered budget, the division shall send a notice of agency action as described in Section R539-3-8.
(5) The division shall coordinate any appeal of the person-centered budget review process as described in Section R539-3-8.
(6) The support coordinator shall reduce the person's plan cycle total within 30 days of the notice of agency action.
(a) The division monitors compliance with each budget reduction.
(b) If the support coordinator fails to reduce the person's plan cycle total within 30 days of the notice of agency action, the division sends the support coordinator a second notice.
(i) The support coordinator must make the requested change to the person's plan cycle total within 15 days of the date of the second notice.
(ii) The division refers the support coordinator to the Office of Quality and Design for any failure to make the requested change.


Utah Admin. Code R539-12-7
Adopted by Utah State Bulletin Number 2022-07, effective 3/25/2022

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