Compendium of Budget Information for the 2012 General Session
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| Subcommittee Table of Contents | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Line Item: Executive Director Operations Function The Executive Director Operations (EDO) division includes the department director's office as well as bureaus that serve other divisions in the department or provide administrative support such as Fiscal Operations, Legal Affairs (including the Office of Public Guardian), and the Office of Licensing. EDO also includes the Utah Developmental Disabilities Council, a program that operates independently of the department, but for which the department provides administrative support. Statutory Authority The following laws govern the operations of the offices found within the Executive Director Operations:
Intent Language The Legislature intends that the Departments of Health, Human Services, and Workforce Services report to the Office of the Legislative Fiscal Analyst by November 1, 2011 on how they will increase public awareness of their fraud reporting systems and encourage the public to report Medicaid fraud. The Legislature intends that the Departments of Health, Human Services, Workforce Services, and the Medicaid Fraud Control Unit report to the Office of the Legislative Fiscal Analyst by July 1, 2011 on how they will coordinate their response to the 34 recommendations within the State's control from State agencies contained in the issue brief entitled Medicaid Survey Results. Additionally, these agencies shall report by December 1, 2011 on specific plans of action or reasons for not acting on the 34 recommendations so that the Legislature may decide what additional action may be needed. The Legislature intends that the Departments of Health, Human Services, Workforce Services, and the Medicaid Fraud Control Unit report to the Office of the Legislative Fiscal Analyst by January 1, 2012 on plans to follow up feasible recommendations that could be implemented from the 945 comments from the public in the issue brief entitled Medicaid Survey Results. This report will allow the Legislature to decide what additional action may be needed. The Legislature intends the Department of Health and the Department of Human Services study the cost and benefits of having a single point of entry to determine eligibility for clients seeking any type of Medicaid long term care services. The Departments shall additionally report on the potential cost and benefits of using a non-State entity to provide the single point of entry services. The Departments shall report back recommendations for further action in one combined report to the Office of the Legislative Fiscal Analyst by September 1, 2011. The Legislature intends the Department of Human Services report back during the 2012 General Session its progress regarding the following items found in the document titled 'Human Services In-depth Budget Review - Recommendations and Follow Up' affecting the department's Fiscal Year 2012 appropriated budget as reported to the Social Services Appropriations Subcommittee on February 3, 2011: item numbers 1, 2, 3, 6, 7, 9, 10, 11, 13, 14, and 15 of the Selected Major Recommendations and numbers 1, 2, 4, 5, 8, 9, 10, 11, 12, 13, and 14 of the Remaining Recommendations. Performance The Office of the Legislative Fiscal Analyst completed an in-depth budget review of the Department of Human Services in November, 2010. As part of that review, a five year history of each agency's output and outcome measures was documented on pages 65 through 74 of Appendix 3 of the report. An update of these output and outcome measures will also be provided during the 2012 General Session of the Legislature. Funding Detail The Legislature passed and funded Senate Bill 50, the Drug Offender Reform Act (DORA), during its 2007 General Session. An additional $4,850,000 in General Fund was added during that year. During the 2008 General Session of the Legislature, the DORA program was transferred to the Division of Substance Abuse and Mental Health. The difference between 2008 Closing Nonlapsing and 2009 Beginning Nonlapsing is due to a transfer of the DORA Pilot program, along with its beginning nonlapsing amount, to the Division of Substance Abuse and Mental Health. An offsetting adjustment can be found in that line item. The difference between 2009 Closing Nonlapsing and 2010 Beginning Nonlapsing is a one-time adjustment associated with 2009 Legislative intent language directing the department to terminate its data processing internal service fund and transfer any remaining assets to the Executive Director Operations line item. For analysis of current budget requests and discussion of issues related to this budget click here.
Program: Executive Director's Office Function The Executive Director's Office is responsible for the overall direction of the department. This includes administration and support, public relations, legislative liaison, planning, and policy development. Funding Detail
Function The Legal Affairs Program consists of the following offices: The Office of Legal Affairs handles the cost of the Attorney General services in the department. Currently there are two full time attorneys dedicated to department issues whose personnel costs are budgeted in the Office of the Attorney General and billed to DHS. Administrative Hearings conducts hearings required by state and federal law where persons may appeal decisions of administrative agencies in the department. Among the programs served are child abuse or neglect findings, child support enforcement, foster parent due process and licensing, and disciplinary proceedings by the Division of Juvenile Justice Services. The Office of Public Guardian was created by the 1999 Legislature (UCA 62A-14). It provides guardianship and conservator services to legally incapacitated adults who have no willing and responsible family or friends to serve as guardians or conservators. The primary tasks of the office are to prepare documentation, evaluate, and assist the court process in establishing these functions for its clients. Office staff acts as case managers by organizing residential accommodations, overseeing health care needs, and managing the finances and real personal property of wards. As resources are limited, services are focused on incapacitated adults who are in life-threatening situations and adults who are being abused, neglected, or exploited. The office is also responsible to educate the public of its role and in general about guardians and conservators. Funding Detail
Program: Information Technology Function Passage of House Bill 109, Information Technology Governance Amendments (2005 General Session) established the Department of Technology Services (DTS) as an internal service fund agency for statewide information technology services. Funding Detail
Function The Office of Fiscal Operations provides financial services and information to the department and functions as the liaison between the Department of Human Services and the Division of Medical and Healthcare Financing regarding Medicaid rate issues. The office consists of the following bureaus: The Bureau of Finance is responsible for purchasing, accounting, cash management, budgeting, forecasting, management of data warehouse, management analysis, cost allocations for federal grants, and coordination of the department's appropriations requests. The Bureau of Internal Review and Audit reports to department management on fiscal accountability, efficiency, economy, and effectiveness of programs and services. The Bureau of Contract Management oversees all of the department's contract functions including the procurement of direct client services, the establishment of rates for client services, and the processing and monitoring of all contracts. This bureau also develops internal contracting policies and standards, ensures compliance with state procurement laws, and provides technical assistance for divisions within the department. The Bureau of Administrative Support is responsible for facilities management and planning, risk management, Americans with Disabilities Act coordination, emergency management, and constituent services. This bureau also provides general services such as mail distribution, forms control, motor pool, and information services. The bureau was previously the Office of Administrative Support but was consolidated with Fiscal Operations in FY 2007. Funding Detail
Function Passage of House Bill 269, Human Resource Management Amendments (2006 General Session), established the Department of Human Resource Management (DHRM) as an internal service fund agency for statewide human resource functions. This change became effective for FY 2007. The remaining funds in this budget cover the DHRM rates and rent. Funding Detail
Program: Local Discretionary Pass-Through Function This budget includes the portion of the Social Services Block Grant (SSBG) passed through to local governments. Since the early 1990s, the department has passed through a portion of its SSBG grant. Funding Detail
Program: Office of Services Review Function The Office of Services Review has the following primary functions: The Office of Services Review (OSR) coordinates and monitors the department's efforts to comply with state and federal regulations, court rulings, and policies. Utah Code 62A-4a-118 requires the department to review a random sample of child welfare referral cases in the Division of Child and Family Services. The results must be reported to the Legislative Auditor General and the Health and Human Services Interim Committee by October 1 of each year. The review includes quality control and compliance reviews of child protective services programs and foster care cases. OSR conducts program reviews in other divisions within the department as directed by the department director. OSR also performs fatality reviews regarding deaths of individuals in the care and/or custody of various agencies within the department. Office of Child Protection Ombudsman (OCPO) was created by the department in 1996 to investigate complaints filed against the Division of Child and Family Services (DCFS) and to make recommendations regarding the findings of those investigations. OCPO determines whether an act or omission of DCFS with respect to a child: 1) places a child's health or safety at risk, 2) has adequate documentation to support the removal or placement of the child, or 3) is contrary to statute, rule, or policy. The office was codified in statute during the 1998 General Session of the Legislature and this language can be found at 62A-4a-208. Funding Detail
Function The Office of Licensing is authorized to license public and private agencies that provide various human service programs. The office proposes and enforces laws, rules, and due process procedures in issuing and reviewing licenses. Funding Detail
Program: Utah Developmental Disabilities Council Function Utah has decided to participate in the federal Developmental Disabilities Assistance and Bill of Rights Act (Public Law 106 - 402). This federal law provides grant funds for innovative pilot service programs for people with disabilities. It also requires every participating state to have a council to serve as a coordinating, advocacy, and long range planning body for people with disabilities. The Utah Developmental Disabilities Council, currently established by a Governor's executive order, advocates for the collective needs of people with disabilities in Utah and works to facilitate system changes and increased system capacity. It awards and monitors federal grants issued under the above-mentioned federal act and then evaluates the effectiveness of those grants. The council also administers the Access Utah Network program. The Utah State Office of Rehabilitation Services and the departments of Health and Human Services fund this information delivery system jointly. Its purpose is to provide information to persons with disabilities and their families regarding assistive technology as well as the Americans with Disabilities Act (ADA), including programs and services available. It operates a toll-free telephone service and maintains the following resources: 1) an internet home page, 2) a Cooperative Service Directory of program service providers, 3) a used equipment data bank, 4) an ADA resource library, and 5) a listing of assistive technology equipment available nationwide. Funding Detail During the 2008 Second Special Session of the Legislature, state funding for the Utah Council for People with Disabilities was eliminated to help balance the state budget.
Program: Foster Care Citizen Review Board Function The Foster Care Citizen Review Board (FCCRB) was started as a pilot project in 1993 to evaluate an alternative method of reviewing foster care cases. The Legislature established the FCCRB as a statewide, independent agency in 1997 to help comply with federal statute (42 U.S.C. 675(5) (B)). The statute requires the status of all children in foster care be reviewed at least every six months. Prior to the establishment of the FCCRB system, these reviews were either accomplished through an administrative review process in the Division of Child and Family Services (DCFS) or by the courts themselves. The courts also perform reviews - mostly during the first year a child is in custody. This program was eliminated during the 2008 Second Special Session of the Legislature. Funding Detail During the 2008 Second Special Session of the Legislature, the Foster Care Citizen Review Board was eliminated to help balance the state budget.
Program: Drug Offender Reform Act - Pilot Function Senate Bill 50, the Drug Offender Reform Act (DORA), was passed during the 2007 General Session of the Legislature. DORA was designed to expand offender access to treatment, provide for smarter sentencing by judges, create a seamless transition for offenders re-entering the community from prison, and provide increased community supervision. This legislation was predicated on a three-year DORA pilot program in the Third Judicial District Court in Salt Lake County created during the 2005 First Special Session. During the 2008 General Session of the Legislature, the DORA program was transferred to the Division of Substance Abuse and Mental Health. See that section for more detailed information. Funding Detail During the 2008 General Session of the Legislature, the DORA program was transferred to the Division of Substance Abuse and Mental Health.
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