NOTICE OF SUBSTANTIVE CHANGE
TYPE OF FILING: Repeal and Readopt
1. Agency Information
Health and Human Services, Services for People with Disabilities
Salt Lake City, UT 84114-5145
2. Contact Persons
Please address questions regarding information on this notice to the persons listed above.
3. General Information
A. Rule or section catchline:
R539-9. State-Supported Employment Program
B. Purpose of the new rule or reason for the change:
This filing is part of the Division of Services for People with Disabilities' (division) required review of current rules and policies.
Changes have been made to this rule to reflect the most current practices of the division and to conform to the Rulewriting Manual for Utah.
Due to the number of markups needed for these changes, the division determined it is appropriate to format these changes as a repeal and readopt filing.
C. Summary of the new rule or change:
The name, or catchline, for the rule has been changed to "State-Supported Employment."
The catchline of Section R539-9-3 has been changed to "Eligibility, Participation, and Limitations" to more accurately describe the content of that section.
Language referring to service brokers and support coordinators in Section R539-9-3 has been removed because they are no longer involved in the administration of this service.
Other changes are for clarity and to conform to the standards of the Rulewriting Manual for Utah.
5. Fiscal Information
Provide an estimate and written explanation of the aggregate anticipated cost or savings to:
This rule is not anticipated to have any fiscal impact on the state budget.
Ongoing funding of $250,000 has been previously appropriated for this program by the state legislature.
This update does not introduce any new programs or participants, so no additional funding is anticipated to be required to implement this rule update.
While this filing removes language that referenced service brokers and support coordinators, those positions have not been used in practice, despite being referenced in rule.
Therefore, removing them from this rule does not change current practice and this filing is not anticipated to result in a savings.
This rule is not anticipated to have any fiscal impact on local governments because local governments have no involvement with this program, which applies exclusively to state agencies and contracted providers.
C. Small businesses ("small business" means a business employing 1-49 persons):
This rule is not anticipated to have any fiscal impact on small businesses because this update does not introduce any new programs or participants.
D. Non-small businesses ("non-small business" means a business employing 50 or more persons):
This rule is not anticipated to have any fiscal impact on non-small businesses because this update does not introduce any new programs or participants.
E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency):
This rule is not anticipated to have any fiscal impact on persons other than small businesses, non-small business, state, or local government entities because this update does not introduce any new programs or participants, and removes language referencing service brokers and support coordinators, who are no longer involved in the administration of this service.
F. Compliance costs for affected persons:
There are no anticipated compliance costs for affected persons as the filing is not anticipated to add any new regulations or expenses to the agency or contracted providers to comply with the updated rule.
6. Regulatory Impact Summary Table
Enter the cost or savings in the relevant cell. If there is no cost or savings, enter, "$0." If a cost or savings is inestimable, enter, "inestimable."
7. Regulatory Impact Analysis Approval
The Commissioner of the Department of Health and Human Services, Tracy S. Gruber, has reviewed and approved this regulatory impact analysis.
8. Family Impact Information
A. The agency has considered this rule's impact on family health, stability, and formation:
9. Citation Information
Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:
ic Notice Information
The public may submit written or oral comments to the agency identified in box 1.
A. Comments will be accepted until:
12. Effective Date Information
This rule change MAY become effective on:
(NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date)
13. Agency Authorization Information
Agency head or
designee and title:
Tracy S. Gruber, Commissioner
R539. Health and Human Services, Services for People with Disabilities.
R539-9. [State-Supported Employment Program]State-Supported Employment. [R539-9-1. Authority and Purpose. (1) Section 26B-6-407 authorizes this rule. (2) This rule establishes a procedure and standard for participation in the division's state-supported employment program. Terms used in this rule are defined in Section 26B-6-401 and Rule R539-13. Additionally: (1) "Extended support service" means a long-term ongoing service needed to support an individual's employment. (2) "State-supported employment program" means a limited employment support service available for a person on the division's waiting list as described in Section R539-2-3. (3) "Supported employment" means a service intended to help a person in that person's efforts to obtain, maintain, and advance in competitive integrated employment or self-employment. (1) As described in Section 26B-6-407, an eligible person may participate in the state-supported employment program. (a) be eligible for supported employment funding from the Utah State Office of Rehabilitation; (b) use an approved provider; (c) sign the state-supported employment program participation agreement; (d) follow through with any instruction from the: (iii) support coordinator; or (iv) rehabilitation counselor; (e) get the following two forms from the Utah State Office of Rehabilitation that have been signed by a rehabilitation counselor and a division representative: (i) Confirmation of Extended Services Funding DWS-USOR 58A; and (ii) Confirmation of Stability on the Job and Documentation of Transfer to Extended Services DWS-USOR 58B; and (f) provide any information needed by the employer to get any tax incentive made available by the state or federal government. (3) The person's need for an extended support service shall be met solely by the state-supported employment program. (4) The person may not use any ongoing service operated by the division while participating in the state-supported employment program. (5) If the person is enrolled in Medicaid, the person may access any state plan service, Employment-related Personal Assistant Services, and any other Medicaid service operated separately from the division. (1) First priority enrollment shall target a person who is waiting for a supported employment service and currently receives funding from the Utah State Office of Rehabilitation. (2) Second priority enrollment shall target a person who is waiting for a supported employment service and no other division service. (3) Third priority enrollment shall target a person who is waiting for a supported employment service and any other division service.] R539-9-1. Authority and Purpose. (1) Section 26B-6-407 authorizes this rule. (2) This rule establishes a procedure and standard for participation in the Division of Services for Persons with Disabilities' (division) state-supported employment program. Terms used in this rule are defined in Section 26B-6-401 and Rule R539-13. Additionally: (1) "Employment-related personal assistant services" or "EPAS" means specialized supports that provide assistance to enable a person to maintain competitive, integrated employment. (2) "Extended support service" means a long-term ongoing service available through the Utah State Office of Rehabilitation (USOR) needed to support an individual's employment. (3) "State-supported employment program" means a limited employment support service available to a person while on the division's waiting list, as described in Section R539-2-3. (4) "State-supported employment service" means a service intended to help a person obtain, maintain, and advance in competitive integrated employment or self-employment. R539-9-3. Eligibility, Participation, and Limitations. (1) To participate in the state-supported employment program, a person must: (a) meet division eligibility determination requirements, as described in Section 26B-6-407; and (b) meet USOR eligibility for state-supported employment. (2) To participate in the state-supported employment program, a person shall: (a) use an approved provider; and (b) sign the Form 202 Supported Work Independence Program Participation Agreement. (3) The division shall submit a Confirmation of Extended Services Funding DWS-USOR 58A to the USOR that has been signed by a division representative and a rehabilitation counselor.(4)(a) The division shall provide the state-supported employment service to meet an eligible person's state-supported employment service need for an extended support service as assessed by USOR. (b) The division shall use the state-supported employment service to provide supports to an eligible person on the waiting list to assist that person in obtaining and maintaining competitive employment in an integrated setting. (c) The division shall provide the state-supported employment service when funding is available. (5) A person may not use any ongoing service operated by the division while participating in the state-supported employment program. (6) If a person is enrolled in Medicaid, the person may access any: (c) other Medicaid service operated separately from the division. The division shall determine priority for enrollment in state-supported employment services by using the following sequence: (1) a person who is waiting for a supported employment service and currently receives funding from the USOR; (2) a person who is waiting for a supported employment service and no other division service; (3) a person who is waiting for a supported employment service and any other division service; and (4) a person who is not waiting for a supported employment service but may benefit from the service. KEY: disabilities, supported employment program
Date of Last Change: [July 23, 2025]2026 Notice of Continuation: April 20, 2026
Authorizing, and Implemented or Interpreted Law: 26B-6-407
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