Utah Code Title 26B. Utah Health and Human Services Codes § 26B-6-405. Division responsibilities--Policy mediation

(a) the policy of the Legislature as set forth by this part; and

(b) Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

(a) establish program policy for the division, the developmental center, and programs and facilities operated by or under contract with the division;

(b) establish rules for the assessment and collection of fees for programs within the division;

(c) no later than July 1, 2003, establish a graduated fee schedule based on ability to pay and implement the schedule with respect to service recipients and their families where not otherwise prohibited by federal law or regulation or not otherwise provided for in Section 26B-6-411;

(d) establish procedures to ensure that private citizens, consumers, private contract providers, allied state and local agencies, and others are provided with an opportunity to comment and provide input regarding any new policy or proposed revision to an existing policy;

(e) provide a mechanism for systematic and regular review of existing policy and for consideration of policy changes proposed by the persons and agencies described under Subsection (2)(d);

(f) establish and periodically review the criteria used to determine who may receive services from the division and how the delivery of those services is prioritized within available funding;

(g) review implementation and compliance by the division with policies established by the board to ensure that the policies established by the Legislature in this chapter are carried out;

(h) annually report to the executive director; and

(i) upon request by a legislator or a legislative committee, provide a report detailing actions the division has taken to enhance the quality of life for individuals with disabilities, including how the division has:

(a) provides notice of the proposed rule or policy change to all persons who would be affected by the change at least 30 days before the proposed change becomes effective;

(b) holds a public hearing on the proposed rule or policy change:

(c) appropriately funds a reasonably equivalent service for individuals served by the reduced or eliminated day program services, supported employment services, or employment preparation services.