R539-1-5. Services for People with Physical Disabilities

(1) The division shall only offer services for a physical disability to an eligible applicant with a disability as defined in Subsection 26B-6-401(9). (2) An eligible applicant shall meet the following requirements: (a) have a qualifying physical disability expected to last for a continuous period of 12 months or longer; (b) have the functional loss of two or more limbs; (c) have a need for a personal assistance service to accomplish an activity of daily living or an instrumental activity of daily living; (d) be 18 years of age or older; (e) be medically stable; (f) be capable of selecting, training, and supervising a personal attendant; (g) have at least one available personal attendant trained or willing to be trained; (h) live in a safe residence that can accommodate the personnel and equipment needed to adequately and safely care for the applicant; (i) be capable of managing personal financial and legal matters; (j) have three or more substantial functional limitations; and (k) be a state resident. (3) The division shall: (a) determine if an applicant is eligible for physical disability services within 90 days of receiving needed documentation; and (b) keep supporting documentation in the applicant's electronic record. (4) The division shall use the following supporting documentation to determine eligibility: (a) Physical Disabilities Services Application Form 3-1 Part B signed by a medical professional whose scope of licensure includes the ability to render diagnoses attesting to each eligibility requirement; and (b) the Minimum Data Set-Home and Community-based (MDS-HC). (5) This section does not apply to an applicant who meets the eligibility criteria for an intellectual disability and related conditions or brain injury as described in Sections R539-1-4 and R539-1-6.