Utah Admin. Code R539-5-4 - SAS Employer Requirements

(1) The SAS employer:
(a) may not simultaneously be the SAS employee;
(b) shall adhere to Rule R380-80;
(c) shall adhere to the DHHS Critical Incident Reporting Guide, incorporated by reference in this rule.
(d) shall adhere to the terms of the person's PCSP;
(e) shall sign and adhere to the terms of the person's SAS employer agreement; and
(f) shall ensure that any services provided conform to current service code descriptions.
(i) The SAS service code descriptions are found on the division's website.
(ii) The division shall communicate SAS service code description changes to a fiscal agent before the implementation of the change.
(iii) A fiscal agent shall communicate SAS service code description changes to SAS employers and SAS employees before the implementation of the change.
(2) The SAS employer shall maintain each record about the SAS employee, SAS employer, and person in accordance with retention schedules established by the division and available through the Division of Archives and Records Service.
(3) The SAS employer shall ensure that division, department, and state or federal auditors have immediate access to any record about the SAS employee, SAS employer, and person, upon request.
(4) The SAS employer shall use a fiscal agent contracted with the division and shall provide the fiscal agent with any requested documentation for each SAS employee.
(5) The SAS employer shall submit a written monthly summary to the support coordinator by the 15th day of the following month.
(6) The SAS employer may not approve billing for an SAS employee providing more than 40 hours of services per week unless a form 2-9OT has been submitted and approved through the RFS process.
(7) The SAS employer shall ensure that the person approves the hiring of any SAS employee.

Notes

Utah Admin. Code R539-5-4
Amended by Utah State Bulletin Number 2020-23, effective 11/23/2020 Amended by Utah State Bulletin Number 2022-05, effective 2/22/2022 Amended by Utah State Bulletin Number 2025-02, effective 12/18/2024, exp. 4/17/2025 (Emergency) Adopted by Utah State Bulletin Number 2025-06, effective 3/3/2025

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