1. (1) EI staff shall:

   1. (a) provide ongoing HCBS education, as described in Subsections (2) through (5), to each individual residing in an ICF;
   2. (b) display transition program and staff contact information in conspicuous locations within each ICF;

   3. (c) hold a recurring meeting at least four times a year available to every ICF resident, guardian, and representative that informs each attendee about the option to:

      1. (i) visit an HCBS setting;
      2. (ii) receive support from a peer who has experience moving from an ICF to HCBS; and
      3. (iii) request a meeting with a peer; and
   4. (d) upon the request of an individual, guardian, or representative, arrange a meeting between any requestor and a peer.

2. (2) EI staff shall provide education about the transition program and HCBS in a way that is responsive to each individual's method of communication, which may include:

   1. (a) in-person discussion;
   2. (b) communication by telephone or email;
   3. (c) one-on-one or group discussion; and

   4. (d) interaction in a community-based setting, including a:

      1. (i) visit to an HCBS setting;
      2. (ii) meeting with a peer who has experience moving from an ICF to HCBS; and
      3. (iii) discussion with an HCBS provider.
3. (3) EI staff shall provide educational materials including through print or another medium.

4. (4) As EI staff provide ongoing HCBS education to any individual without a guardian:

   1. (a) the individual may invite anyone to participate in the decision-making process to express whether the individual wants to participate in the transition program;
   2. (b) EI staff shall work with the individual and anyone participating in the process; and
   3. (c) EI staff shall document and act upon the individual's decision at each interval.

5. (5) As EI staff provide ongoing HCBS education to any individual with a guardian, EI staff shall work with the individual and the guardian on the decision-making process.

   1. (a) If the guardian has decision-making authority on where the individual lives, EI staff shall rely on the decision rendered by the guardian regarding whether the individual will participate in the transition program.

   2. (b) If the guardian's decision conflicts with the expressed interest of the individual, the transition worker shall:

      1. (i) confirm the guardian's authority to make health care decisions;
      2. (ii) request a meeting with the guardian to discuss the individual's expressed interest in accordance with Subsection 75-5-312(1)(e); and
      3. (iii) provide the guardian with a copy of the department letter about involvement of the ward in decision-making to the extent possible and the responsibility of the guardian to consider the preferences of the individual.

   3. (c)(i) EI staff shall inform each individual and guardian that the individual or guardian may express interest in participating in the transition program:

      1. (A) at any time; and
      2. (B) in writing, or by any other means through which a reasonable person would believe that the individual is interested in living in the community.
      3. (ii) The individual or guardian retains the right to change the decision at any time.
6. (6) If an ICF administrator or employee discourages an individual, guardian, or representative, the department shall review the event and respond with an individualized approach to correct any misinformation the ICF administrator or employee may have provided, consistent with Subsection R414-510-5(5).

KEY: Medicaid

Date of Last Change: June 24, 2026

Notice of Continuation: September 14, 2021

Authorizing, and Implemented or Interpreted Law: 26B-3-108; 26B-6-402