UTAH
The major long-term care activity in Utah in 2002 was the release of a comprehensive task force plan that outlines an "overall direction and planning process" for public services for persons with disabilities. The report noted that there has been "a significant increase" in the number of people served in community settings in Utah in recent years, although considerable barriers still existed in the state's overall long-term care system.
Planning and Reports
A long-term care task force consisting of a number of state agencies released a Comprehensive State Plan for Public Services in the Most Appropriate Integrated Setting in November 2002. The plan report notes that, during the last several years, " ... the allocation of public funds has moved dramatically toward the provision of services in non-institutional programs." There has been a " ... significant increase in the number of people served in community settings," the report says, "as well as a significant increase in the percentage of the State Medicaid budget going to community-based services."
The plan outlines a course of action in three categories: home and community-based initiatives, cross-agency planning, and individual department and division plans. The recommendations are largely general in nature, calling for identification of problem areas and effective approaches.
Goals for home and community-based services (HCBS) include, for example, evaluation of existing agency policies and practices relating to current Medicaid waiver programs to determine if an equitable allocation of resources exists among various target populations and equitable access to services among the various programs. Under "cross agency planning," the report calls for designing a model of continuity of care across the long-term care system and integrating self-determination concepts into the system.
Agency plans include development of and implementation by the Division of Aging and Adult Services of the family caregiver support program statewide and development of an online, statewide resource directory. The Division of Mental Health was working on adopting standardized practice guidelines for the assessment of adults and on outlining a process to assess a referral for community placement. The Division of Services for People with Disabilities was focusing on the waiting list issue, including development of a plan to address the immediate needs of people found eligible for services at their entry point to prevent a waiting period that could increase the need for more intrusive and costly services.
Developmental Disabilities
On December 19, 2002, the Utah Disability Law Center filed a lawsuit in U.S. District Court against the Utah Department of Health and the Division of Services for People with Disabilities on behalf of nine individuals and the Arc of Utah in regard to the wait listing of individuals with developmental disabilities for HCBS. About 1,300 people have been determined to have an immediate need for HCBS services, but have been placed on a waiting list.
2002 Legislation
The 2002 Legislature substantially amended the Adult Protective Services Act. The new law modifies and strengthens mandatory reporting requirements and clarifies that protective services for adults is voluntary, unless the adult is vulnerable and lacks the capacity to consent.
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