1. (1) An eligible applicant shall meet the following requirements:

   1. (a) have a diagnosed intellectual disability or related condition as defined in Subsection 26B-6-401(9) and Section R414-502-8;
   2. (b) have three or more substantial functional limitations; and
   3. (c) be a state resident.

2. (2) The division determines eligibility within 90 days of receiving supporting documentation.

   1. (a) To determine substantial functional limitations for an applicant aged seven years or older, the division shall consider age-appropriate ability.
   2. (b) The division shall keep supporting documentation in the applicant's electronic record.

3. (3) The division shall use the following supporting documentation to determine eligibility:

   1. (a) eligibility for Services Form 19 or Eligibility for Services Form 19C for a child younger than seven years of age;
   2. (b) an assessment of substantial functional limitations and needs;
   3. (c) a social history of the applicant completed within one year of the date of application;
   4. (d) a psychological evaluation for people of any age or a developmental assessment for a child younger than seven years of age; and

   5. (e) supporting documentation for each eligibility requirement. Supporting documentation includes:

      1. (i) a medical healthcare visit summary;
      2. (ii) a mental health assessment;
      3. (iii) a neuropsychological evaluation; and
      4. (iv) an educational record.
4. (4) This section does not apply to an applicant who meets the eligibility criteria for a physical disability or brain injury as described in Sections R539-1-5 and R539-1-6.

KEY: human services, disabilities, social security numbers

Date of Last Change: June 16, 2026

Notice of Continuation: October 13, 2022

Authorizing, and Implemented or Interpreted Law: 26B-6-403; 26B-6-405