Utah Admin. Code R539-5-8 - Review Process, Recovery of Funds, and Penalties

(1)
(a) Funds for self-administered services are public funds that are appropriated to, and approved by, the division.
(b) Funds are for the delivery of services for the person during the approved period and for the purposes stipulated in service code descriptions.
(c) Public funds are subject to applicable federal, state, and local laws and regulations pertaining to the use of public funds.
(2) The division may require the person to use a contracted provider if the SAS employer fails to meet a requirement in:
(a) federal or state law or rule;
(b) the SAS employee agreement; or
(c) the SAS employer agreement.
(3) The support coordinator shall review any billing quarterly to ensure that, for each service, no duplication of a service, fraud, or overlap of submitted timesheets has occurred for SAS and provider-based services.
(4) The misuse of any funds provided for a purpose other than those in the service description may subject the caregiver and contracted provider, if applicable, to administrative sanctions, criminal prosecution, or liability for repayment of the misused funds.
(5) For any findings of duplication of services, erroneous timesheet submissions, or exceeding the amount of service authorized in the person's person-centered budget, the department:
(a) shall recover any associated fund; and
(b) may make a referral to the Utah Office of Inspector General and the Medicaid Fraud Control Unit if waste, fraud, or abuse of funds is suspected.

Notes

Utah Admin. Code R539-5-8
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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