(1) During initial and subsequent care planning meetings, the participant's case manager or support coordinator reviews the authorization for caregiver compensation to determine whether:
- (a) the choice of the spouse to provide waiver services reflects the participant's wishes and desires;
- (b) the provision of services is in the participant's and family's best interests;
- (c) the provision of services is appropriate and based on the participant's identified needs; and
- (d) the services will increase the participant's independence and community integration.
- (2) The Department shall deny the request for spousal caregiver compensation if the caregiver does not meet any of the conditions in Subsection (1).
- (3) The participant may appeal the Department's denial in accordance with the hearing rights described under Rule R410-14.
KEY: Medicaid
Date of Last Change: November 10, 2023
Authorizing, and Implemented or Interpreted Law: 26B-1-213; 26B-3-108; 26B-3-222