Health and Human Services

Services for People with Disabilities

Rule 10: Time-Limited Services for the Waiting List

Effective Date: 06/16/2026

Admin. Code Reference: R539-10

Rule Type: Current Rule

NOTICE OF SUBSTANTIVE CHANGE

TYPE OF FILING: Repeal and Reenact

Rule or section number:

R539-10

Filing ID: 57820

Agency Information

1. Title catchline:

Health and Human Services, Services for People with Disabilities

Building:

Cannon Health Building

Street address:

288 N 1460 W

City, state:

Salt Lake City, UT

Mailing address:

PO Box 145145

City, state and zip:

Salt Lake City, UT 84114-5145

Contact persons:

Name:

Phone:

Email:

Bruce Quaglia

435-669-4855

bquaglia@utah.gov

Mariah Noble

385-214-1150

mariahnoble@utah.gov

Please address questions regarding information on this notice to the persons listed above.

General Information

2. Rule or section catchline:

R539-10. Short-Term, Limited Services for the Waiting List

3. Are any changes in this filing because of state legislative action?

Changes are because of legislative action.

If yes, any bill number and session:

HB 3 (2025 General Session), SB 2 (2025 General Session)

4. Purpose of the new rule or reason for the change:

HB 3 and SB 2, both passed in the 2025 General Session, allocated funding to the Division of Services for People with Disabilities (division) for new peer support waiting list services, making it necessary for the division to add language to this rule to regulate this program.

Additionally, upon review of this rule, the division determined it is necessary to make additional changes for clarity, to align with other rules within the Department of Health and Human Services (department), and to comply with the Rulewriting Manual for Utah.

5. Summary of the new rule or change:

This filing adds Sections R539-10-7 and R539-10-8 to outline procedures for selecting recipients and for the administration of peer support waiting list services.

This filing adjusts wording throughout this rule to reflect additional time-limited services available to persons on the waiting list.

This filing updates applicable definitions and replaces the term "respite care services" with "temporary relief waiting list services" to distinguish these time-limited services from other ongoing services also called respite services.

Due to the amount of changes, the division determined it was appropriate to file this as a repeal and reenact.

Fiscal Information

6. Provide an estimate and written explanation of the aggregate anticipated cost or savings to:

A. State budget:

There is no anticipated fiscal impact to the state budget as a result of this filing, as the funding was already appropriated and is part of the ongoing budget for the division.

The costs of this program are anticipated to be covered by these appropriated funds.

The changes in this filing help clarify procedures to administer this program's services, but the administrative procedures are anticipated to be absorbed into the duties of existing division staff.

Through HB 3 and SB 2 (2025), ongoing state general funds were appropriated to the division, beginning in FY26, to fund the peer support program outlined in Sections R539-10-7 and R539-10-8. The funding for the peer support program is embedded in a $6,000,000 funding item for the waiting list. This was approved by the Executive Appropriations Subcommittee and funded by the legislature.

The EAC funding item can be found in item 256 at https://le.utah.gov/interim/2025/pdf/00001905.pdf.

B. Local governments:

There is no anticipated fiscal impact to 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):

There is an anticipated fiscal benefit to small businesses who contract to provide peer support waiting list services as a result of this filing because these businesses will receive state payments for services provided.

However, the amount of this benefit is inestimable because that amount is dependent on the level of supports each small business provides. As this is a new program, there is no way to estimate which small businesses will participate or how much support they will provide.

Furthermore, the division is unable to know which contractors will apply, so it is impossible to determine how many will be small businesses. The division does not anticipate any direct cost to a small business as a result of this filing.

D. Non-small businesses ("non-small business" means a business employing 50 or more persons):

There is an anticipated fiscal benefit to non-small businesses who contract to provide peer support waiting list services as a result of this filing because these businesses will receive state payments for services provided.

However, the amount of this benefit is inestimable because that amount is dependent on the level of supports each non-small business provides. As this is a new program, there is no way to estimate which non-small businesses will participate or how much support they will provide.

Furthermore, the division is unable to know which contractors will apply, so it is impossible to determine how many will be non-small businesses. The division does not anticipate any direct cost to a non-small business as a result of this filing.

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):

There is an anticipated indirect fiscal benefit to the individuals hired as peer support wait list services workers due to the wages they receive.

However, this amount is inestimable because there is no way to know how many individuals will be hired and wages could vary depending on the workload or different agreements with employers.

There is no anticipated cost to persons who receive these services because funding to pay for these services has been allocated to the division by the Legislature and will therefore, come from the state.

F. Compliance costs for affected persons:

While there are benefits for affected persons, any costs related to updates in this filing have already been addressed through appropriations in HB 3 and SB 2 (2025). As such, there are no anticipated compliance costs for affected persons as a result of this filing.

G. Regulatory Impact Summary Table (This table includes only fiscal impacts the agency was able to measure. If the agency could not estimate an impact, it is excluded from this table but described in boxes A through F.)

Regulatory Impact Summary Table

Fiscal Cost

FY2026

FY2027

FY2028

FY2029

FY2030

State Budget

Local Governments

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Cost

Fiscal Benefits

FY2026

FY2027

FY2028

FY2029

FY2030

State Budget

Local Governments

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Benefits

Net Fiscal Benefits

H. Department head comments on fiscal impact and approval of regulatory impact analysis:

The Executive Director of the Department of Health and Human Services, Tracy S. Gruber, has reviewed and approved this regulatory impact analysis.

Citation Information

7. 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:

Subsection 26B-6-402(7)

Subsection 26B-6-403(2)(b)

Subsection 26B-6-403(2)(l)

Subsection 26B-6-403(2)(q)

Public Notice Information

9. The public may submit written or oral comments to the agency identified in box 1.

A. Comments will be accepted until:

04/14/2026

10. This rule change MAY become effective on:

04/21/2026

NOTE: The date above is the date the agency anticipates making the rule or its changes effective. It is NOT the effective date.

Agency Authorization Information

Agency head or

designee and title:

Tracy S. Gruber, Executive Director

Date:

02/25/2026

R539. Health and Human Services, Services for People with Disabilities.

[R539-10. Short-Term, Limited Services for the Waiting List.

R539-10-1. Authority and Purpose.

(1) Subsections 26B-6-402(7), 26B-6-403(2)(b), 26B-6-403(2)(l), and 26B-6-403(2)(q) authorize this rule.

(2) This rule establishes a procedure and standard to determine eligibility for a person on the waiting list to receive a short-term, limited

service from the division.

R539-10-2. Definitions.

Terms used in this rule are defined in Section 26B-6-401 and Rule R539-13. Additionally:

(1) "Active status" means a person has a current Need Assessment Questionnaire score and is on the division's waiting list.

(2) "Respite" means a service provided in a person's residence or other approved community-based setting, designed to give relief to or for

use during the temporary absence of a person's primary caregiver.

(3) "Service brokering" means a community support that facilitates a person's and family's education and direction to community resources

that are outside the scope of services paid for by the Department of Health and Human Services or the division.

R539-10-3. Eligibility.

A person is eligible for a short-term, limited service if the person:

(1) does not receive an ongoing service through the division; and

(2) is on the division's waiting list.

R539-10-4. Limitations.

(1) Any public funds granted by the division shall be used by the person during the fiscal year in which the public funds are granted.

(a) Any public funds not used by the person shall return to the division.

(b) The division may reallocate any unused public funds to any other eligible person.

(2) The division may withdraw or reduce public funds at any time. The establishment of a person's budget does not constitute an obligation

for the division to provide a service or public funds.

R539-10-5. Selection for Short-Term Limited Respite Care Services.

(1) The division determines if public funds are available to provide a short-term, limited respite service for an eligible person.

(2) Except as described in Subsections (2)(d) and (3), the division shall use the method described in Subsections (2)(a) through (2)(c) to

select a person on the waiting list who indicates a need for a respite service.

(a) The division shall identify each person who did not receive a short-term, limited respite service during the previous fiscal year.

(b) The division shall use random selection to offer a short-term, limited respite service to a person identified in Subsection (2)(a) until the

public funds are allocated.

(c) If the division is unable to allocate the total amount of public funds to a person identified in Subsection (2)(a), then the division shall

use random selection to offer a short-term, limited respite service to any other person on the waiting list who indicates a need for a respite service.

(d) The division may offer a short-term, limited respite service to a sibling of a selected person even if the sibling is not selected through

the process described in Subsections (2)(a) through (c).

(3) The division Emergency Services Management Committee (ESMC) may select an eligible person to receive a short-term, limited

respite service if the ESMC determines that the service is appropriate to address the person's emergency circumstance.

R539-10-6. Short-Term Limited Respite Care Provider Options.

(1) A short-term, limited respite service may be provided through:

(a) the self-administered services method;

(b) the provider agency service delivery method; or

(2) If the person chooses the self-administered services method to provide the short-term, limited respite service, the person shall:

(a) select a fiscal agent to make any payment to an employee; and

(b) adhere to each requirement described in Rule R539-5.

R539-10-7. Short-Term Limited Service Brokering Services.

(1) The division shall determine if public funds are available to provide short-term, limited service brokering to an eligible person.

(2)(a) The division shall select a person to receive short-term, limited service brokering based on need.

(b) The division shall use information supplied by the person to determine need.

]R539-10. Time-Limited Services for the Waiting List.

R539-10-1. Authority and Purpose.

(1) Subsections 26B-6-402(7), 26B-6-403(2)(b), 26B-6-403(2)(l), and 26B-6-403(2)(q) authorize this rule.

(2) This rule establishes a procedure and standard to determine eligibility and provide time-limited services for a person on the waiting list

for Division of Services for People with Disabilities (division) services.

R539-10-2. Definitions.

Terms used in this rule are defined in Section 26B-6-401 and Rule R539-13. Additionally:

(1)(a) "Peer support" means a service provided by a peer with direct experience:

(i) living with a disability; or

(ii) supporting someone who is living with a disability as a family member.

(b) A peer providing peer support assists a person or the person's family, including one or more family members, to navigate the service

system and access other resources while the person is on the waiting list.

(2) "Temporary relief" means a good or service provided in a person's residence or another approved community-based setting designed to

give relief to a person's primary caregiver.

(3) "Waiting list service" means a time-limited service that the division may provide to a person on the waiting list.

R539-10-3. Eligibility.

A person eligible for a waiting list service:

(1) shall be on the division's waiting list; and

(2) may not concurrently receive an ongoing service through the division, as described in Section R539-1-7.

R539-10-4. General Limitations.

(1) A provider or SAS employer shall use public funds allocated by the division to the person for waiting list services during the fiscal year

that the public funds are allocated.

(2) The division may reallocate any unused public funds for waiting list services to another eligible person.

(3) The division may withdraw or reduce allocated public funds at any time.

(4) The division shall establish a person's waiting list services budget for up to 12 months.

(5) The division may authorize an extension to the 12-month waiting list services budget.

(6) A provider or SAS employer may not bill for waiting list services that exceed the amount of funding authorized on the person's person-

centered support plan.

(7) The division is not obligated to provide ongoing public funds for continued waiting list services.

R539-10-5. Selection for Temporary Relief Waiting List Services.

(1) The division shall determine whether public funds are available to provide temporary relief waiting list services to an eligible person.

(2)(a) To select a person on the waiting list who has a need for temporary relief waiting list services, the division shall:

(i) first, identify each person who did not receive temporary relief waiting list services during the previous fiscal year; and

(ii) next, use random selection to offer temporary relief waiting list services to any person identified in Subsection (2)(a)(i) until the public

funds are allocated.

(b) If the total amount of public funds for temporary relief waiting list services is greater than the amount of funds allocated to a person, as

described in Subsection (2)(a), the division shall use random selection to offer temporary relief waiting list services to any other person on the

waiting list who has a need for these services.

(3) The division Emergency Services Management Committee (ESMC) may select an eligible person to receive temporary relief waiting

list services, as described in Subsection R539-2-8(2).

R539-10-6. Temporary Relief Waiting List Services Delivery Model Options.

(1) The division may provide temporary relief waiting list services through:

(a) the self-administered services delivery model;

(b) the provider-based services delivery model; or

(2) A person, or the person's guardian, who chooses the self-administered services delivery model for temporary relief waiting list services

shall:

(a) select a fiscal agent to pay any employee; and

(b) comply with Rule R539-5.

R539-10-7. Selection for Peer Support Waiting List Services.

(1) The division shall select a person to receive peer support waiting list services based on the number of available spaces that have been

funded.

(2) The division shall equally allocate available spaces:

(a) by referral from the division intake team to promote independence or reduce the need for more intensive ongoing division services;

(b) for children 13 years old and younger who have been waiting the longest for services, as determined by the time on the waiting list

component of the Needs Assessment Questionnaire described in Section R539-2-3;

(c) for transition age youth, ages 14 through 22, who have been waiting the longest for services, as determined by the time on the waiting

list component of the Needs Assessment Questionnaire described in Section R539-2-3; and

(d) for adults who are at least 23 years old who have been waiting the longest for services, as determined by the time on the waiting list

component of the Needs Assessment Questionnaire described in Section R539-2-3.

(3) If a person declines or stops receiving peer support waiting list services, the division shall replace that person with a different person

who meets the same selection criterion under Subsection (2).

R539-10-8. Peer Support Waiting List Services.

(1) The division shall provide peer support waiting list services to each person who has been selected for these services, as described in

Section R539-10-7.

(2) A peer mentor shall deliver peer support waiting list services.

(3) The peer mentor shall:

(a) administer a needs assessment to identify the needs of the person or the person's family;

(b) develop goals to address the needs identified in the needs assessment;

(d) hold an in-person meeting at least monthly with the person or the person's family.

KEY: waiting lists, [family preservation, respite, service brokering]peer support, time-limited, temporary relief

Date of Last Change: [July 23, 2025]2026

Notice of Continuation: November 15, 2023

Authorizing, and Implemented or Interpreted Law: 26B-6-402(7); 26B-6-403(2)(b); 26B-6-403(2)(l); 26B-6-403(2)(q)

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