(1) As used in this section, “office” means Office of Licensing within the department.

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Terms Used In Utah Code 26B-6-107

  • aged: means a person 60 years old or older. See Utah Code 26B-6-101
  • high risk adult: means a person 18 years old or older who experiences a condition:
         (1)(a) that places the person at a high risk of being unable to care for themselves:
              (1)(a)(i) as determined by assessment; and
              (1)(a)(ii) due to the onset of a physical or cognitive impairment or frailty; and
         (1)(b) for which the person is not eligible to receive services under:
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
  • Personal care attendant: means a person who:
         (9)(a) is selected by:
              (9)(a)(i) an aged person;
              (9)(a)(ii) an agent of an aged person;
              (9)(a)(iii) a high risk adult; or
              (9)(a)(iv) an agent of a high risk adult; and
         (9)(b) provides personal services to the:
              (9)(b)(i) aged person described in Subsection (9)(a)(i); or
              (9)(b)(ii) high risk adult described in Subsection (9)(a)(iii). See Utah Code 26B-6-101
  • Personal services: means nonmedical care and support, including assisting a person with:
         (10)(a) meal preparation;
         (10)(b) eating;
         (10)(c) bathing;
         (10)(d) dressing;
         (10)(e) personal hygiene; or
         (10)(f) daily living activities. See Utah Code 26B-6-101
  • Public funds: includes :
              (12)(b)(i) Medicaid funds; and
              (12)(b)(ii) Medicaid waiver funds. See Utah Code 26B-6-101
(2) Public funds may not be disbursed to a personal care attendant as payment for personal services rendered to an aged person or high risk adult unless the office approves the personal care attendant to have direct access and provide services to children or vulnerable adults pursuant to Section 26B-2-120.
(3) For purposes of Subsection (2), the office shall conduct a background check of a personal care attendant:

     (3)(a) who desires to receive public funds as payment for the personal services described in Subsection (2); and
     (3)(b) using the same procedures established for a background check of an applicant for a license under Section 26B-2-120.