§ 62A-5-103.1. Program for provision of supported employment services.

(1) There is established a program for the provision of supported employment services to be administered by the division.

(2) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as necessary for the implementation and administration of the program described in this section.

(3) In accordance with Subsection (4), within funds appropriated by the Legislature for the program described in this section, the division shall provide supported employment services to a person with a disability who:

(a) is eligible to receive services from the division;

(b) has applied for, and is waiting to, receive services from the division;

(c) is not receiving other ongoing services from the division;

(d) is not able to receive sufficient supported employment services from other sources;

(e) the division determines would substantially benefit from the provision of supported employment services; and

(f) does not require the provision of other ongoing services from the division in order to substantially benefit from the provision of supported employment services.

(4)

(a) The division shall provide supported employment services under this section outside of the prioritization criteria established by the division for the receipt of other services from the division.

(b) The division shall establish criteria to determine the priority, between persons eligible for services under this section, for receiving services under this section.

(5) It is the intent of the Legislature that the services provided under the program described in this section:

(a) shall be provided separately from the Medicaid program described in Title XIX of the Social Security Act;

(b) may not be supported with Medicaid funds;

(c) may not be provided as part of a Medicaid waiver;

(d) do not constitute an entitlement of any kind; and

(e) may be withdrawn from a person at any time.

(6) The division shall report to the Health and Human Services Interim Committee in even calendar years regarding the success and progress of employment services offered under this section.

Amended by Chapter 125, 2013 General Session