1. (1) A person shall have access to review by a provider human rights committee, unless the following service type applies:

   1. (a) a physical disability service; or
   2. (b) the self-administered service model.

2. (2) A provider shall create a provider human rights committee or have use of any other provider's committee.

   1. (a) A provider human rights committee shall consist of a minimum of three individuals, and at least one individual may not be employed by the provider.

   2. (b) A provider human rights committee shall review each use of a service by a provider that relates to:

      1. (i) a rights issue;
      2. (ii) a rights restriction; or
      3. (iii) an intrusive behavior support.

   3. (c) A provider human rights committee shall make a recommendation about:

      1. (i) abuse and neglect prevention;
      2. (ii) rights training; and
      3. (iii) supporting a person in exercising that person's rights.
3. (3) The person or any other individual may request that the rights of a person be reviewed by a provider human rights committee by contacting the person's provider verbally or in writing.

4. (4) The division shall create the DHRC.

   1. (a) The division director shall appoint each DHRC member.

   2. (b) DHRC membership shall include:

      1. (i) a minimum of one family member of a person in-service or a person enrolled in state plan Medicaid or a Medicaid waiver;
      2. (ii) a minimum of one division employee;
      3. (iii) a minimum of one representative from Adult Protective Services; and
      4. (iv) a minimum of one representative from the department.
   3. (c) DHRC membership may not exceed 12 members.
   4. (d) Each member shall serve a two-year term and may be reappointed for one additional two-year term.
   5. (e) A member may resign from the DHRC at any time by giving 30-day notice in writing to the chair.

   6. (f) The DHRC may remove a member for cause by majority vote. Cause includes:

      1. (i) a continuous failure to be in attendance; or
      2. (ii) a continuous failure to follow through with a task assigned by the DHRC.

5. (5) The DHRC shall:

   1. (a) review the initial provider human rights plan for each provider;
   2. (b) hear any appeal of a decision made by a provider human rights committee;
   3. (c) report to the Disabilities Advisory Council;
   4. (d) hold an annual public meeting;
   5. (e) help train a provider or provider human rights committee about any trend in human rights violations found through the appeal process; and

   6. (f) review each use of a service by the developmental center that relates to:

      1. (i) a rights issue;
      2. (ii) a rights restriction; or
      3. (iii) an intrusive behavior support.

6. (6) The person or any other individual may appeal a provider human rights committee decision to the DHRC by contacting the division constituent representative or emailing dhrc@utah.gov.

   1. (a) The DHRC shall decide if there will be a review.

      1. (i) The DHRC shall notify the person, provider, and support coordinator of the decision no later than eight business days after the date of the decision.
      2. (ii) Notification shall contain a statement of the issue under review and the process and timeline for completing the review.
   2. (b) An appeal to the DHRC is not an adjudicative proceeding as described in Section 63G-4-201.

KEY: people with disabilities, rights

Date of Last Change: July 23, 2025

Notice of Continuation: June 24, 2024

Authorizing, and Implemented or Interpreted Law: 26B-6-402; 26B-6-403