Utah Admin. Code 414-510-3

Current through Bulletin 2024-24, December 15, 2024
Section R414-510-3 - Eligibility Requirements for the Transition Program
(1) Waiver services are available to an individual who:
(a) receives ICF benefits under the Medicaid State Plan;
(b) has been diagnosed with an intellectual disability or a related condition;
(c) meets ICF level-of-care criteria defined in Section R414-502-8;
(d) meets state funding eligibility criteria for DSPD found in Subsection 26B-6-402(6); and
(e) has at least a 12-month length-of-stay in any Medicaid-certified, privately owned ICF or nursing facility located in the state.
(2) The department allows break-in-stay exceptions for:
(a) inpatient hospitalization;
(b) admission to a nursing facility; or
(c) due to the closure of an ICF where an individual resides;
(3) The department may also allow break-in-stay exceptions:
(a) due to substantiated findings of abuse; and
(b) neglect or exploitation of an individual that occurred while residing in the current ICF.
(4) To request a length-of-stay exception for the reasons noted in Subsection (3)(a)(b), an individual or representative shall submit a written request to the department and include the rationale for the request, including the anticipated risk if the individual remains in the ICF.
(5) The department shall provide a written determination to approve or deny the request within ten business days of receiving it.

Utah Admin. Code R414-510-3

Amended by Utah State Bulletin Number 2015-20, effective 9/29/2015
Amended by Utah State Bulletin Number 2018-16, effective 7/27/2018
Amended by Utah State Bulletin Number 2019-15, effective 7/15/2019
Amended by Utah State Bulletin Number 2021-11, effective 5/12/2021
Adopted by Utah State Bulletin Number 2024-01, effective 1/1/2024