Section R414-510-8 - Formal Decision-Making Process for Individuals Identified as Unable to Determine Interest(1) To support the decision-making process, the department shall train EI staff on best practices and techniques to effectively communicate and best support individuals with intellectual disabilities during interactions, meetings, and interviews. The department shall also train staff on using SDM tools.(2) EI staff shall meet routinely with an individual or guardian to determine interest in HCBS.(3) For an individual whose preference has not been determined through routine meetings described in Section R414-510-4, and who does not have a guardian, EI staff shall use the SDM tool. EI staff shall use the SDM tool:(a) to help organize and document what is observed when interacting with the person;(b) to assist in developing strategies to improve individual access to communication; and(c) to better gauge how a person indicates preferences and choice.(4) Using information obtained from the SDM tool, EI staff shall work closely with the Utah Center for Assistive Technology and others to adapt communication methods to best meet the needs of each person.(5) EI staff shall ensure American sign language and other language interpretation services are used when needed.(6) EI staff shall use communication strategies identified through the SDM when engaging with individuals.(7) If EI staff can determine an individual's preference after using these strategies, they then shall update the individual's interest designation according to the individual's identified preference.(8)(a) For an individual whom EI staff continues to identify as unable to determine interest, the department shall take the following actions.(b) For an individual with involved family members or friends, EI staff shall work with family to assist the individual with healthcare decision-making in accordance with Title 75, Chapter 2a, Advance Health Care Directive Act.(c) For an individual who has family members or friends who are not involved in the individual's life, or if the individual does not have any known family members or friends to assist the individual with healthcare decision-making, EI staff shall refer the case to the Office of Public Guardian (OPG) for review.Utah Admin. Code R414-510-8
Adopted by Utah State Bulletin Number 2019-15, effective 7/15/2019Adopted by Utah State Bulletin Number 2024-01, effective 1/1/2024