Adult Day Care Regulations in Utah

Who regulates adult day care in Utah

Utah licenses adult day care as a human services program. Under Utah Code 26B-2-101, a program that provides adult day care is a human services program, and licenses are issued by the Office of Licensing within the Utah Department of Health and Human Services (DHHS). The program standards are in Utah Administrative Code R501-13, Adult Day Care, which took effect July 19, 2023.

R501-13 supplements the general licensing rule, R501-1, General Provisions for Licensure, and controls where the two conflict. For Medicaid, the DHHS Division of Aging and Adult Services operates the Aging Waiver, which covers adult day health services.

Types of adult day programs in Utah

State law defines adult day care as nonresidential care and supervision for three or more adults for at least four but less than 24 hours a day. The program must meet the needs of functionally impaired adults through a comprehensive program of health, social, recreational and related support services in a protective setting.

• Licensed adult day care program: A program licensed by the Office of Licensing under R501-13.
• Adult day care in an assisted living facility: Under R501-13-1, an adult day care operating in a Type 1 or Type 2 assisted living facility licensed as a health care facility does not need a separate adult day care license.
• Programs with many dementia clients: Where half or more of the clients are medically diagnosed with Alzheimer's disease or a related dementia, a tighter staffing ratio applies.

How to get licensed in Utah

1. Confirm that your program meets the statutory definition of adult day care and review R501-1 and R501-13, since R501-13 builds on the general licensing provisions.
2. Obtain a license before you open. Utah Code 26B-2-105 says no one may establish, conduct or maintain a human services program in Utah without a valid and current license.
3. Plan for background screening. R501-14, Human Service Program Background Screening, sets screening rules for human services programs, which include adult day care.
4. Renew every year. A license generally expires one year after it is issued and is renewed on application and payment of the fee. The Office of Licensing may issue a two-year renewal to a licensee that has held a license for at least 24 months without violations.

Key requirements

• Staffing ratios: With eight or fewer clients, one staff member must provide direct supervision at all times with a second qualified staff member immediately available. Nine to 16 clients require two staff providing direct supervision, and 16 or more require one staff member for each eight clients (R501-13-4).
• Dementia ratio: Where half or more of the clients have Alzheimer's disease or a related dementia, the ratio is one staff member to six clients. Administrative and maintenance staff do not count toward the ratio when nine or more clients are present.
• Director: The director must be a licensed nurse, social worker or psychologist, a licensed or certified recreational or physical therapist, another qualified licensed professional, or a trained individual who consults on an ongoing basis with a qualified professional. Directors complete 10 hours of related training each year.
• Direct care staff: Staff must be at least 18 and show competency with functionally impaired adults. They need eight hours of initial program orientation and 10 hours of work-related training each year, in addition to R501-1 training.
• Space: At least 50 square feet of indoor floor space per client designated for adult day care, not counting hallways, kitchens, offices, storage or bathrooms, plus at least one bathroom reserved for clients during operating hours (R501-13-5).
• Meals and activities: Meals or snacks must follow the Child and Adult Care Food Program, with no more than three hours between snack or meal service. Programs must provide outdoor recreational space, on or off site, for planned activities.

Medicaid funding for adult day in Utah

Utah Medicaid's Aging Waiver helps older adults remain in their homes or other community settings. To qualify, a person must be 65 or older, need nursing facility level of care and meet Medicaid financial eligibility. Adult Day Health Services is one of the waiver's covered services.

The Division of Aging and Adult Services operates the Aging Waiver, and DAAS tells people to contact their local Area Agency on Aging for more information. Utah Medicaid also runs other home and community-based waivers, listed on its long-term care and waiver programs page.

Billing basics

Utah Medicaid's Aging Waiver codes and rates sheet, effective July 1, 2026, lists Adult Day Health Services as procedure code S5102 with required modifier U3, billed as a daily unit. Check the current sheet on the Aging Waiver page before billing, because codes and rates are updated periodically.

The official sources reviewed for this guide did not describe the claim format or submission route for Aging Waiver adult day health, or whether electronic visit verification applies. Confirm these with Utah Medicaid or your Area Agency on Aging.

Other ways centers are paid

Enrolled veterans who meet VA eligibility and clinical criteria can get Adult Day Health Care through the VA, which may be provided at VA medical centers, State Veterans Homes or community organizations.

Official resources

• Utah Admin. Code R501-13: Adult Day Care
• Utah Admin. Code Title R501: Human Services Program Licensing
• Utah Code 26B-2-101: Definitions
• Utah Code 26B-2-105: Licensure Requirements
• Utah Medicaid: Aging Waiver
• DHHS Division of Aging and Adult Services
• VA Adult Day Health Care

Frequently asked questions

Do I need a license to open an adult day center in Utah?

Yes, if you provide adult day care to three or more adults for at least four but less than 24 hours a day. Adult day care is a human services program, and Utah law prohibits operating one without a license from the DHHS Office of Licensing.

Does Utah Medicaid pay for adult day care?

Yes. The Aging Waiver covers Adult Day Health Services for people 65 and older who need nursing facility level of care and meet Medicaid financial eligibility.

What staffing ratio applies to Utah adult day programs?

Generally one staff member for each eight clients, with at least two staff once nine or more clients are present. Programs where half or more of the clients have Alzheimer's disease or a related dementia need one staff member for every six clients.