- (1) The division shall only offer services for a physical disability to an eligible applicant with a disability as defined in Subsection 26B-6-401(9).
(2) An eligible applicant shall meet the following requirements:
- (a) have a qualifying physical disability expected to last for a continuous period of 12 months or longer;
- (b) have the functional loss of two or more limbs;
- (c) have a need for a personal assistance service to accomplish an activity of daily living or an instrumental activity of daily living;
- (d) be 18 years of age or older;
- (e) be medically stable;
- (f) be capable of selecting, training, and supervising a personal attendant;
- (g) have at least one available personal attendant trained or willing to be trained;
(h) live in a safe residence that can accommodate the personnel and equipment needed to adequately and safely care for the applicant;
- (i) be capable of managing personal financial and legal matters;
- (j) have three or more substantial functional limitations; and
- (k) be a state resident.
(3) The division shall:
- (a) determine if an applicant is eligible for physical disability services within 90 days of receiving needed documentation; and
- (b) keep supporting documentation in the applicant's electronic record.
(4) The division shall use the following supporting documentation to determine eligibility:
- (a) Physical Disabilities Services Application Form 3-1 Part B signed by a medical professional whose scope of licensure includes the ability to render diagnoses attesting to each eligibility requirement; and
- (b) the Minimum Data Set-Home and Community-based (MDS-HC).
- (5) This section does not apply to an applicant who meets the eligibility criteria for an intellectual disability and related conditions or brain injury as described in Sections R539-1-4 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