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Effective 1/1/2023
62A-5-103.1. Program for provision of supported employment services.

  • (1) There is established a program for the provision of supported employment services to be administered by the division.
  • (2) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as necessary for the implementation and administration of the program described in this section.
  • (3) In accordance with Subsection (4), within funds appropriated by the Legislature for the program described in this section, the division shall provide supported employment services to a person with a disability who:
    • (a) is eligible to receive services from the division;
    • (b) has applied for, and is waiting to, receive services from the division;
    • (c) is not receiving other ongoing services from the division;
    • (d) is not able to receive sufficient supported employment services from other sources;
    • (e) the division determines would substantially benefit from the provision of supported employment services; and
    • (f) does not require the provision of other ongoing services from the division in order to substantially benefit from the provision of supported employment services.
  • (4)
    • (a) The division shall provide supported employment services under this section outside of the prioritization criteria established by the division for the receipt of other services from the division.
    • (b) The division shall establish criteria to determine the priority, between persons eligible for services under this section, for receiving services under this section.
  • (5) It is the intent of the Legislature that the services provided under the program described in this section:
    • (a) shall be provided separately from the Medicaid program described in Title XIX of the Social Security Act;
    • (b) may not be supported with Medicaid funds;
    • (c) may not be provided as part of a Medicaid waiver;
    • (d) do not constitute an entitlement of any kind; and
    • (e) may be withdrawn from a person at any time.

Amended by Chapter 125, 2013 General Session