1. (1) The division shall annually review the use of person-centered budgets to maintain alignment of funding and a person's needs.

   1. (a) The division administrative services director shall begin the review process in August of each fiscal year.
   2. (b) A committee member shall review each budget that has potential funding misalignment.

2. (2) The division shall reduce a person-centered budget after two consecutive and closed plan cycles of underuse due to a misalignment of funding and actual need.

   1. (a) A budget with a $2,000 or more surplus shall be subject to a budget reduction that realigns funding with actual need.

   2. (b) The division shall presume that the person-centered budget aligns with the person's need if underuse is caused by:

      1. (i) hospitalization, including placement in the Utah State Hospital;
      2. (ii) incarceration;
      3. (iii) temporary placement in facility-based care, including placement in a nursing facility or a private intermediate care facility;
      4. (iv) temporary placement at the developmental center;
      5. (v) a public health or other declared emergency;
      6. (vi) limited access to a service provider; or
      7. (vii) for a person participating in the self-administered services model, limited access to a direct care employee.
   3. (c) The division administrative services director may consider budget underuse for a reason not listed in Subsection (2)(b).

3. (3) The division must notify the support coordinator of a budget reduction at least 30 days before sending a notice of agency action.

   1. (a) A support coordinator must submit written justification within 30 days of notification to dispute the reduction.

   2. (b) The support coordinator shall include documentation that explains:

      1. (i) why the unused service continues to represent the person's need;
      2. (ii) why the service was not used; and
      3. (iii) how the underuse is being remedied.
4. (4) The committee shall review the documentation and determine whether the justification is adequate.
5. (5) If the division reduces the unused portion of the person-centered budget, the division shall send a notice of agency action as described in Section R539-3-7.
6. (6) The division shall coordinate any appeal of the person-centered budget review process as described in Section R539-3-7.

7. (7) The support coordinator shall reduce the person's plan cycle total within 30 days of the notice of agency action.

   1. (a) The division shall monitor compliance with each budget reduction.

   2. (b) If the support coordinator fails to reduce the person's plan cycle total within 30 days of the notice of agency action, the division shall send the support coordinator a second notice.

      1. (i) The support coordinator shall make the requested change to the person's plan cycle total within 15 days of the date of the second notice.
      2. (ii) The division shall refer the support coordinator to the Office of Service Review for any failure to make the requested change.

KEY: disabilities, budget, request for services

Date of Last Change: July 23, 2025

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