Section R410-14-24 - Home and Community-Based Waver Hearings(1) Pursuant to 42 CFR 431 Subpart E, DIH shall provide an appeals hearing procedure for home and community-based waiver hearings. DIH shall conduct the informal hearing pursuant to this rule and the requirements of 42 CFR 431.200 through 431.250.(2)(a) For home and community-based waivers in which the Division of Services for People with Disabilities (DSPD) is the designated operating agency and the grievance is based on whether the person meets the eligibility criteria for state matching funds through DHHS in accordance with Title 62A, Chapter 5a, Coordinating Council for Persons with Disabilities, the eligibility determination of the operating agency is final.(b) If DSPD determines that an individual does not meet the eligibility criteria for state matching funds through DHHS, it shall inform the individual in writing and provide the individual an opportunity to appeal the decision through the DIH hearing process in accordance with Section R539-3-8.(c) The DSPD decision is dispositive for purposes of this subsection. DIH shall sustain the determination and there is no right to further agency review.Utah Admin. Code R410-14-24
Adopted by Utah State Bulletin Number 2016-5, effective 2/10/2016Amended by Utah State Bulletin Number 2023-08, effective 3/30/2023