26B-6-403. Responsibility and authority of division.
(1) For purposes of this section "administer" means to: plan; develop; manage; monitor; and conduct certification reviews.
(2) The division has the authority and responsibility to: administer an array of services and supports for persons with disabilities and their families throughout the state; make rules in accordance with, that establish eligibility criteria for the services and supports described in Subsection; Title 63G, Chapter 3, Utah Administrative Rulemaking Act (2)(a) consistent with Section, supervise the programs and facilities of the Developmental Center; 26B-6-506 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: outreach; information and referral; prevention; technical assistance; and public awareness; supervise the programs and facilities operated by, or under contract with, the division; cooperate with other state, governmental, and private agencies that provide services to a person with a disability; subject to Subsection, 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: (3) the developmental center; and facilities within the community; determine whether to approve providers; monitor and sanction approved providers, as specified in the providers' contract; subject to Section, receive and disburse public funds; 26B-6-410 review financial actions of a provider who is a representative payee appointed by the Social Security Administration; establish standards and rules for the administration and operation of programs conducted by, or under contract with, the division; approve and monitor division programs to insure compliance with the board's rules and standards; establish standards and rules necessary to fulfill the division's responsibilities under, and, with regard to an intermediate care facility for people with an intellectual disability; Part 5, Utah State Developmental Center Part 6, Admission to an Intermediate Care Facility for People with an Intellectual Disability assess and collect equitable fees for a person who receives services provided under this chapter; maintain records of, and account for, the funds described in Subsection; (2)(o) establish and apply rules to determine whether to approve, deny, or defer the division's services to a person who is: applying to receive the services; or currently receiving the services; in accordance with state law, establish rules: relating to an intermediate care facility for people with an intellectual disability that is an endorsed program; and governing the admission, transfer, and discharge of a person with a disability; manage funds for a person residing in a facility operated by the division: upon request of a parent or guardian of the person; or under administrative or court order; and fulfill the responsibilities described in Section. 26B-1-430
(3) The due process procedures described in Subsection: (2)(g) shall include initial and periodic reviews to determine the constitutional appropriateness of the placement; and with regard to facilities in the community, do not require commitment to the division.
(4) Except as provided in Subsection, when the division makes amendments to a contract the division enters into under Subsection, the division shall notify a provider under contract with the division at least 30 days before the effective date of the amendments. (5) (2)
(5) The division may waive the 30-day notice requirement described in Subsection: (4) if a contractor requests a contract change; if a service rate is increased; or in response to a natural disaster or public health emergency.