26B-6-403. Responsibility and authority of division.

649 words·~3 min read·/ut/title-26b/chapter-6/26b-6-403

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(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 26B-6-506 , 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 26B-6-410 , 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 5, Utah State Developmental Center , and Part 6, 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 Section 26B-1-430 .

(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.

(4)Except as provided in Subsection

(5), when the division makes amendments to a contract the division enters into under Subsection

(2), the division shall notify a provider under contract with the division at least 30 days before the effective date of the amendments.

(5)The division may waive the 30-day notice requirement described in Subsection

(4):

(a)if a contractor requests a contract change;

(b)if a service rate is increased; or

(c)in response to a natural disaster or public health emergency.

Amended by Chapter 167 , 2026 General Session