Section R380-600-3 - New and Renewal Licensing Procedures(1) An applicant or provider may not accept any fee, enter into any agreement to provide a client service, or provide any client service until a license or certificate is approved by the office.(2) Each applicant and provider shall comply with any applicable administrative rule, statute, zoning, fire, safety, sanitation, building and licensing laws, regulations, ordinances, and codes of the city and county in that the facility or agency will be or is located.(3) An applicant or a provider shall permit the office to have immediate, unrestricted access to: (a) each site subject to licensing or certification;(b) any unaltered on and off-site program or facility and client records; and(c) each staff and client.(4) An applicant shall notify the office in writing of any changes to the application, including withdrawal of the application.(5) An applicant seeking an initial or renewal license or certificate to operate a program or facility shall submit:(a) a complete application as provided by the office;(b) any required fee for each category of program or facility application;(c) except as described in Subsection 26B-2-120(12), a background clearance for each covered individual;(d) any policy and procedure, or updates if already submitted, as required by the office;(e) name and contact information for each responsible decision-maker, including any owner or program or facility director;(f) documentation that verifies the applicant's compliance with, or exemption from, fire and business license requirement; and(g) as applicable for healthcare facilities, architectural plans and a description of the functional program or facility.(6) A provider may not implement a policy that requires office approval without that office approval.(7) The provider shall submit: (a) a renewal request and applicable fees at least 30 days before the expiration of their license or certificate;(b) a renewal request and applicable late fees within 30 days after the expiration of their license or certificate; or(c) a new application for a new license or certificate and applicable fees if the provider lets their license or certificate expire and 30 days have passed since their license or certificate expired.(8) A residential treatment program or facility provider applying for an initial license shall submit proof that the program or facility served notice of intent to operate in accordance with Section 26B-2-117.(9) A new applicant shall submit a new initial application and applicable fees if they have not successfully completed the application process six months from the date of the initial application.(10) The office may deny the initial or renewal application, issue a CMP, or place conditions on a renewal license or certificate if:(a) the provider failed to achieve or maintain compliance with any applicable statute, rule, or ordinance;(b) the applicant or provider has a compliance history that shows a pattern of noncompliance with applicable statutes, rules, or ordinances;(c) the applicant or provider gives false or misleading information to the office;(d) the office reasonably determines that the applicant or provider is not likely to operate in compliance with any applicable statute, rule, or ordinance;(e) the applicant or provider received a notice from the division that a covered individual in the program or facility is not eligible due to a division background check and that covered individual is still in the program or facility;(f) the office finds a program or facility director, owner, or any individual involved in the program or facility's billing process on the office of Inspector General's List of Excluded Individuals and Entities; or(g) the office finds that an applicant or provider maintains association with any individual with a license revoked by the office if the application is submitted within five years from the time of the revocation.(11) The office may deny renewal of a license or certificate for an applicant or provider that is no longer providing the services that require them to have a license or certificate or if they have not provided any services for the past 24 months.(12) A provider approved by the office to certify their own program or facility sites shall register each certified site using the licensing provider portal.(13) A denied applicant may not reapply for a minimum of a three-month period beginning on the date of denial.(14) The license or certificate holder shall adhere to any individualized parameter on a program or facility license or certificate to promote the health, safety, and welfare of any client. Parameters may include:(b) an admission or placement restriction; or(c) adequate square footage to determine capacity.(15) The provider shall resolve any outstanding balances, conditions, or noncompliance status on any license or certificate before a license or certificate is granted by the office for any associated new site.(16) A provider may apply for a two-year license if: (a) the provider is not a residential or foster care program or facility;(b) the program or facility is in good standing with the office for the two consecutive license periods issued by the office immediately before the date of application;(c) the provider understands that required inspections will be conducted in the same manner as for annual licenses of the same license type;(d) the office reasonably determines that the provider is likely to maintain good standing for a two-year period;(e) the provider submits twice the annual fee required for each category of license sought; and(f) there are no other statutory restrictions that will disqualify the license type for a two-year license; or(g) the program or facility is a health care provider.(17) Unless previously approved by the office to provide services before receiving a license or certificate for special circumstances, a provider shall submit an application, any required fees, and obtain a new or a renewed license or certificate before providing any services that require a license or certificate.(18) A license or certificate expires at midnight on the last day of the same month the license or certificate was issued, one year after its effective date, except when the license or certificate has been:(a) revoked by the office before expiration;(b) extended by the office beyond the date of expiration;(c) relinquished by the provider;(d) received a shortened expiration time frame as requested by the provider; or(e) issued as a two-year license.(19) A two-year license expires at midnight on the last day of the same month the license was issued, two years after the effective date on the license.(20) A provider may request an extension of up to 90 days if:(a) any applicable fees are paid;(b) any noncompliance issues are resolved to the satisfaction of the office;(c) the provider submits a written request for an extension to the office; and(d) the provider understands that an extended license will reduce the dates for the subsequent renewal license to start on the date compliance is achieved and end on the original license renewal date.(21) A provider who voluntarily relinquishes a license or certificate shall: (a) notify the office and the patients or their next of kin or legal guardian, as applicable, at least 30 days before the effective date of closure;(b) ensure safe keeping of records; and(c) as applicable, return any patients funds and valuables at the time of discharge.(22) The provider may voluntarily relinquish their license or certificate except when the office has issued a notice of agency action revoking the license or certificate.(23) Each license or certificate is not transferable.(24) The provider shall post their current license or certificate, except in a foster home, on the premises in a place readily visible and accessible to the public.(25) The office may deny renewal of a license or certificate for a program or facility who is no longer providing services.Utah Admin. Code R380-600-3
Adopted by Utah State Bulletin Number 2024-01, effective 12/19/2023