§ 62A-5-103. Responsibility and authority of division.

(1) For purposes of this section "administer" means to:

(a) plan;

(b) develop;

(c) manage;

(d) monitor; and

(e) conduct certification reviews.

(2) The division has the authority and responsibility to:

(a) administer an array of services and supports for persons with disabilities and their families throughout the state;

(b) make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that establish eligibility criteria for the services and supports described in Subsection (2)(a);

(c) consistent with Section 62A-5-206, supervise the programs and facilities of the Developmental Center;

(d) in order to enhance the quality of life for a person with a disability, establish either directly, or by contract with private, nonprofit organizations, programs of:

(i) outreach;

(ii) information and referral;

(iii) prevention;

(iv) technical assistance; and

(v) public awareness;

(e) supervise the programs and facilities operated by, or under contract with, the division;

(f) cooperate with other state, governmental, and private agencies that provide services to a person with a disability;

(g) subject to Subsection (3), ensure that a person with a disability is not deprived of that person's constitutionally protected rights without due process procedures designed to minimize the risk of error when a person with a disability is admitted to an intermediate care facility for people with an intellectual disability, including:

(i) the developmental center; and

(ii) facilities within the community;

(h) determine whether to approve providers;

(i) monitor and sanction approved providers, as specified in the providers' contract;

(j) subject to Section 62A-5-103.5, receive and disburse public funds;

(k) review financial actions of a provider who is a representative payee appointed by the Social Security Administration;

(l) establish standards and rules for the administration and operation of programs conducted by, or under contract with, the division;

(m) approve and monitor division programs to insure compliance with the board's rules and standards;

(n) establish standards and rules necessary to fulfill the division's responsibilities under Part 2, Utah State Developmental Center, and Part 3, Admission to an Intermediate Care Facility for People with an Intellectual Disability, with regard to an intermediate care facility for people with an intellectual disability;

(o) assess and collect equitable fees for a person who receives services provided under this chapter;

(p) maintain records of, and account for, the funds described in Subsection (2)(o);

(q) establish and apply rules to determine whether to approve, deny, or defer the division's services to a person who is:

(i) applying to receive the services; or

(ii) currently receiving the services;

(r) in accordance with state law, establish rules:

(i) relating to an intermediate care facility for people with an intellectual disability that is an endorsed program; and

(ii) governing the admission, transfer, and discharge of a person with a disability;

(s) manage funds for a person residing in a facility operated by the division:

(i) upon request of a parent or guardian of the person; or

(ii) under administrative or court order; and

(t) fulfill the responsibilities described in Chapter 5a, Coordinating Council for Persons with Disabilities.

(3) The due process procedures described in Subsection (2)(g):

(a) shall include initial and periodic reviews to determine the constitutional appropriateness of the placement; and

(b) with regard to facilities in the community, do not require commitment to the division.

Amended by Chapter 366, 2011 General Session