1. (1) HCBA services shall be provided by a service provider that meets the following qualifications:

   1. (a) is a public or private social service or health care agency;
   2. (b) has at least one year of experience in providing in-home services, unless waived by the local area agency director or the local area agency director's designee based upon adequate documented justification;
   3. (c) is appropriately licensed; and
   4. (d) maintains liability insurance and bonding of employees.

2. (2) A service provider shall be responsible for the following:

   1. (a) providing employees with written instructions based upon the individual's care plan;
   2. (b) instructing employees as needed in performing the required tasks;
   3. (c) providing supervision of employees; and
   4. (d) informing employees of personal liability.

3. (3) Each local area agency shall be responsible for ensuring that the following case management requirements are implemented:

   1. (a) each individual shall be assigned a case manager;
   2. (b) each case manager may not be assigned more than 50 individuals.
4. (4) A temporary waiver for the case management requirements may be approved at the discretion of the division. A local area agency shall submit a request for a temporary waiver in writing to the division.
5. (5) A case manager shall have a bachelor's degree in a social science, health science, or other related field. A local area agency director or the local area agency director's designee may waive this requirement if the applicant has additional related education or additional related full-time paid employment.

KEY: elderly, home care services, long-term care alternatives

Date of Last Change: November 5, 2023

Notice of Continuation: June 29, 2022

Authorizing, and Implemented or Interpreted Law: 26B-6-101 through 26B-6-312