(1)(a) Funds for supported living or attendant care services provided through the caregiver compensation service delivery method are public funds that are appropriated to, and approved by, the division.
- (b) Funds are for the delivery of services for the person during the approved period and for the purposes stipulated in the service code descriptions.
- (c) Public funds are subject to applicable federal, state, and local laws and regulations pertaining to the use of public funds.
- (2) The division may require a person to use a contracted provider rather than the caregiver compensation service delivery method if the SAS employer has violated any law, rule, or SAS employer or employee agreement.
- (3) The support coordinator shall review any billing quarterly to ensure that, for each service, no duplication of a service, fraud, or overlap of submitted timesheets has occurred for SAS and provider-based caregiver compensation.
- (4) The misuse of any funds provided for the caregiver compensation service delivery method for a purpose other than those in the service description may subject the caregiver and contracted provider, if applicable, to administrative sanctions, criminal prosecution, and liability for repayment of the misused funds.
(5) For any findings of duplication of services, erroneous timesheet submissions, or exceeding the amount of service authorized in the person's person-centered budget, the department:
- (a) shall recover any associated fund; and
- (b) may make a referral to the Utah Office of Inspector General and the Medicaid Fraud Control Unit if waste, fraud, or abuse of funds is suspected.
- (6) The department may audit any person who receives services through the caregiver compensation service delivery method.
- (7) The department may authorize a change to the level of caregiver compensation available to an eligible participant.
- (8) The department may terminate the caregiver compensation service delivery method as a service option if any misuse of funds or inappropriate billing has happened, pursuant to Subsections (4) and (5), or if the employer or provider agency violates any law, rule, or SAS employer or employee agreement.
KEY: people with disabilities, caregiver compensation, HCBS waiver, Medicaid
Date of Last Change: June 16, 2026
Authorizing, and Implemented or Interpreted Law: 26B-6-402; 26B-6-403