62A-5-105 - Division responsibilities -- Policy mediation.
62A-5-105. Division responsibilities -- Policy mediation.
(1) The division shall establish its rules in accordance with:
(a) the policy of the Legislature as set forth by this chapter; and
(b) Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(2) The division shall:
(a) establish program policy for the division, the developmental center, and programs andfacilities operated by or under contract with the division;
(b) establish rules for the assessment and collection of fees for programs within thedivision;
(c) no later than July 1, 2003, establish a graduated fee schedule based on ability to payand implement the schedule with respect to service recipients and their families where nototherwise prohibited by federal law or regulation or not otherwise provided for in Section62A-5-109;
(d) establish procedures to ensure that private citizens, consumers, private contractproviders, allied state and local agencies, and others are provided with an opportunity tocomment 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 forconsideration of policy changes proposed by the persons and agencies described underSubsection (2)(d);
(f) (i) establish and periodically review the criteria used to determine who may receiveservices from the division and how the delivery of those services is prioritized within availablefunding; and
(ii) make periodic recommendations based on the review conducted under Subsection(2)(f)(i) to the Health and Human Services Interim Committee beginning at or before theSeptember 2002 meeting of the committee;
(g) review implementation and compliance by the division with policies established bythe board to ensure that the policies established by the Legislature in this chapter are carried out;and
(h) annually report to the executive director.
(3) The executive director shall mediate any differences which arise between the policiesof the division and those of any other policy board or division in the department.
Amended by Chapter 75, 2009 General Session