Utah adult day care license: a human services program under R501-13
Utah requires a license from the DHHS Office of Licensing to give nonresidential care to three or more functionally impaired adults for at least four but less than 24 hours a day. The program is licensed as a human services program under rules R501-1 and R501-13, not as a health care facility, and a Type I or Type II assisted living facility can run adult day care under its existing license.
Contents13 sections
Key takeaways
- You need a license once you give nonresidential care to three or more functionally impaired adults for at least four hours a day.1
- Adult day care is a human services program, so three rule sets apply together: R501-13 for adult day care, R501-1 general provisions, and R380-600 licensing procedures.23
- A Type I or Type II assisted living facility can offer adult day care without a second license, but it must get its adult day policies approved.28
- Ratios run from one on-duty staff member for 8 or fewer clients (a second immediately available) to 1:8 above 16, and 1:6 when half or more clients have dementia.2
- Plan for 50 square feet of dedicated indoor space per client, with hallways, kitchens, offices, storage and bathrooms excluded.2
- Until the license is approved you may not take fees, sign client agreements or serve anyone.4
Quick facts
| Agency | Utah DHHS, Division of Licensing and Background Checks, Office of Licensing (human services) |
|---|---|
| Licensing threshold | 3 or more adults, at least 4 but under 24 hours a day |
| Rules | R501-13, R501-1, R380-600 (Utah Admin. Code) |
| Space | 50 sq ft of dedicated indoor floor space per client |
| Staffing | 2 staff for 9-16 clients; 1:8 above 16; 1:6 if half or more have dementia |
| Fees (FY 2027, proposed) | $990 initial; $360 renewal for 0-50 consumers ($660 above 50); plus $24 per licensed capacity |
| License term | 1 year; a 2-year license is possible after two clean license periods |
Fees are the FY 2027 amounts in the Legislative Fiscal Analyst fee brief of January 23, 2026; confirm the current fee with DHHS Office of Licensing before paying. Rules checked on October 12, 2026.
Utah treats adult day care as a social-services program rather than a health facility. The license comes from the same Office of Licensing (OL) inside the Department of Health and Human Services that licenses outpatient treatment and residential support programs, and the rules sit in Title R501, the human services licensing title 212. That shapes almost everything you will deal with: the application runs under the generic human services procedures in R380-600, the general provisions in R501-1 apply unless R501-13 overrides them, and the architectural plans R380-600 asks of health care facility applicants do not apply 34.
Who needs the license
Utah Code 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, that meets the needs of functionally impaired adults through a program of health, social, recreational and related support services in a protective setting 1. The same statute lists a facility or program that provides adult day care as a “human services program” 1, and no person, company or government unit may run one without a current OL license 5.
Read the threshold carefully:
- Two adults or fewer fall outside the definition 1.
- Programs shorter than four hours a day fall outside it, as does anything that runs 24 hours or more, which becomes a residential question 1.
- The population matters. The definition targets functionally impaired adults; a senior center offering drop-in recreation is a different thing from a supervised program 1.
Some operators are excluded from the human services licensing part altogether: federal agencies, programs run under an exclusive Department of Corrections contract, and hospitals, small health care facilities, nursing care facilities and other health care facilities licensed under the health facility part of Title 26B 6.
If you already run, or plan to run, an assisted living facility
R501-13 says adult day care in a Type I or Type II assisted living facility does not need a separate license 2. The assisted living rule, R432-270-29, confirms this but adds conditions: the facility must submit its adult day care policies and procedures for OL approval, name a qualified director, keep the 50-square-foot space standard, provide separate male and female bathrooms when serving more than ten day residents, and staff at 1:8, or 1:6 when half or more have dementia 8. Day participants in an assisted living facility also need a service plan within three working days of admission, reviewed every six months 8. If you are weighing a combined model, start with the Utah assisted living facility license.
Neighboring licenses
If you plan to send caregivers into clients’ homes instead of bringing clients to a site, look at the personal care agency license (non-medical) or the home health agency license (nursing and therapy). Programs for children are licensed under entirely different child care rules; see the child care center guide.
Who can direct the program
R501-13 sets the director qualification, and it is broader than many states’. The director must be one of the following 2:
- a licensed nurse;
- a licensed social worker;
- a licensed psychologist;
- a licensed or certified recreational or physical therapist;
- another licensed professional in a related field who has shown competence working with functionally impaired adults; or
- someone with verifiable training in working with functionally impaired adults who consults on an ongoing basis with a professional holding one of the credentials above.
That last option lets a non-licensed founder direct the program, provided the consulting arrangement is real and documented. The director must also complete and document 10 hours of related training every year 2.
Under the general provisions, you must name a manager or qualified designee who is immediately available whenever the program operates, or a trained substitute when the manager is out 3. Every owner, director and anyone in your billing process is checked against the federal Office of Inspector General exclusion list; a match is grounds for denial 4.
Space and building requirements
| Requirement | Standard |
|---|---|
| Activity space | At least 50 sq ft of indoor floor space per client, designated for adult day care during operating hours; hallways, kitchens, offices, storage and bathrooms excluded 2 |
| Bathrooms | At least one bathroom reserved for clients during operating hours; each bathroom stocked and ventilated by fan or opening window 23 |
| Temperature | Indoor air at a minimum of 70°F 2 |
| Outdoor space | Outdoor recreation space on or off site, with equipment that supports the activity plans 2 |
| Accessibility | Compliance with local building code enforcement for disability access 2 |
| Hazards | Burning, falling and drowning hazards abated with fences, railings, grates or other methods approved by the licensor or local fire authority 2 |
| Safety | A phone able to call 911 on site whenever clients are present; quarterly documented fire drills; a stocked first aid kit; locked storage for medication and chemicals not in use 3 |
The 50-square-foot figure drives your licensed capacity. OL can write individual parameters onto a license, and “adequate square footage to determine capacity” is the first one the rule lists 4. Measure only the rooms clients actually use for programming before you sign a lease.
Local approvals come before the state license. R380-600 requires you to comply with city and county zoning, fire, building, sanitation and business licensing codes, and your application must include proof of fire and business license compliance or an exemption 4. Your capacity may not exceed limits set by local authorities, and if a local clearance is in dispute you must resolve it before OL issues a license in good standing 3.
Staffing ratios and training
| Clients present | Minimum direct supervision |
|---|---|
| 8 or fewer | 1 staff member at all times, with a second qualified person immediately available 2 |
| 9 to 16 | 2 staff members at all times 2 |
| More than 16 | 1 staff member per 8 clients 2 |
| Half or more diagnosed with Alzheimer’s or related dementia | 1 staff member per 6 clients 2 |
Once nine or more clients are present, administrative and maintenance staff do not count toward the ratio, and trainees must be supervised whenever they are with clients 2. R501-1 adds that you must staff above the ratio when client behavior or needs require it 3.
Direct care staff must be at least 18 and able to show competence with functionally impaired adults. Each needs eight hours of program-specific orientation and ten hours of work-related training a year 2. On top of that, R501-1 requires pre-service training before anyone works unsupervised and within 30 days of hire, covering topics such as your emergency plan, CPR and first aid, client rights, ratios, abuse and neglect reporting, and the provider code of conduct, plus a set of annual refresher topics 3. At least one staff member certified in CPR and first aid must be available whenever clients are present, unless a licensed health care professional is on site 3.
R501-13-4(5) still says its training is “in addition to” Subsection R501-1-19(2)(d), but R501-1 now ends at section 17. The annual training list now sits in R501-1-16(2) 23.
Background checks
Every staff member must have an approved OL background clearance before working unsupervised with clients 3. Utah Code 26B-2-120 covers individuals with direct access to vulnerable adults; applicants 18 and older submit fingerprints, and the screening includes the state’s vulnerable adult abuse, neglect and exploitation database and sex offender registries 7. The January 2026 fee brief lists a $20.00 online background check application fee and a $32.00 state public safety check passed through to the Department of Public Safety 9. Confirm the current background check fees with OL.
If your program stores or gives medication, you must name a medical professional to oversee medication management and staff training 3.
Program, meals and records
R501-13 is short, but its program rules are specific 2:
- Activity plans. Prepare daily activity plans for individual and group needs (community living skills, work activity, recreation, nutrition, personal hygiene or social skills), keep them on file, and train staff to use them.
- Daily schedule. Post and follow a daily schedule on site.
- Four activity areas a day. Each client must have the chance to use four of eight listed areas daily: general, sedentary or specialized activities, a rest area, a self-care area, an outdoor area, a kitchen and nutrition area, or a reality orientation area.
- Food. Meals and snacks follow the Child and Adult Care Food Program pattern, with no more than three hours between servings, enough food for seconds, and powdered milk used only for cooking. R501-1 adds that anyone preparing meals for others needs a food handler permit 3.
- Records on site. Daily attendance records and a current health assessment signed by a physician for each client.
R501-1 requires an intake screening before you accept anyone, covering eligibility, your exclusion criteria, presenting needs and a suicide risk screening, plus signed eligibility, fee and consent documents for each client 3. Client records are kept for seven years 3.
Policies and paperwork OL expects
Before the program starts, R501-1 requires you to submit policies defining and preventing sex and gender abuse, discrimination and harassment 3. You must also publish your contact details, complaint process, services, eligibility and exclusion criteria, and every fee and refund policy to the public and to prospective clients 3. Post the abuse reporting laws, a civil rights notice, an ADA notice, your license, any OL notice of agency action and the department code of conduct poster 3.
Keep the following ready for OL on request: proof of financial viability verified by a financial professional, and general liability, professional liability, vehicle and fire insurance 3. You also need written job descriptions, a quality improvement plan that tracks grievances, incidents and licensing trends, and a provider code of conduct signed by every staff member and volunteer 3.
Applying, in order
Clear local approvals
Confirm zoning, obtain your city or county business license and fire clearance, and settle any capacity limit set by local authorities 34.
Prepare the application packet
R380-600 lists what goes in: OL’s application, the fee for each license category, background checks for each covered individual, required policies and procedures, the name and contact details of every responsible decision-maker, and fire and business license documentation 4. OL’s application page says to create a UtahID for access to the OL provider portal, upload a floor plan with labeled, measured designated space for capacity determination, and start background checks through the Direct Access Clearance System from the confirmation email 14. Once the fee is paid, OL assigns a licensor who requests remaining documents and schedules the initial inspection 14.
Pay the application fee
OL does not start an on-site visit or document review until the fee is paid 4.
Finish within six months
An applicant who has not completed the process six months after applying must file a new application with new fees 4.
Pass inspection and receive the license
Until OL approves the license you may not accept fees, sign client service agreements or serve clients 4. The license must be posted where the public can see it 5.
If you need to depart from a rule, request a variance on OL’s form at least 30 days before you want it to take effect; you may not deviate until you have written approval 4. An applicant who is denied must wait at least three months before reapplying 4.
Fees
Utah’s licensing fees are set each year by the Legislature. The Legislative Fiscal Analyst’s FY 2027 fee brief (January 23, 2026) lists these adult day care and general human services fees for July 1, 2026 through June 30, 2027 9:
| Fee | Amount |
|---|---|
| Adult day care initial license, 0-50 consumers | $990.00 |
| Adult day care renewal, 0-50 consumers | $360.00 |
| Adult day care initial license, more than 50 consumers | $990.00 |
| Adult day care renewal, more than 50 consumers | $660.00 |
| Per licensed capacity | $24.00 |
| Late fee | $60.00 |
| Additional inspection fee | $160.00 |
| Online processing fee (added to online payments) | $2.00 |
These are the amounts in the brief’s full fee schedule (which lists both initial fees at $990.00); the brief’s change table shows the renewal, per-capacity, late and inspection amounts as changes from FY 2026 9. The Legislature approves fees each year, and the Office of Licensing’s approved FY 2027 schedule was not readable by our tools, so we could not match it against the brief 13. Confirm the current fee with DHHS Office of Licensing before you pay; fees reset every July 1.
Under R380-600, you pay the application fee for each license category at each site, a capacity fee based on OL-approved client capacity, an extra fee for each follow-up inspection over the same rule, and any monitoring fees; all fines and fees must be paid before OL issues a new or renewed license 4. If your application drags past 12 months, a new application fee applies 4.
Renewal, inspections and changes
A human services license expires at midnight on the last day of the month it was issued, one year later 5. Submit the renewal request and fees at least 30 days before expiry; you may still renew with late fees in the 30 days after expiry, but after that you must start over with a new application 4. A non-residential program in good standing for its two previous license periods can apply for a two-year license by paying twice the annual fee; inspections continue as for annual licenses 45. OL may grant an extension of up to 90 days on written request once fees are paid and problems are fixed 4.
OL conducts announced and unannounced inspections and posts each citation, and each substantiated complaint finding, on the division website for at least 36 months 4. Report a critical incident to OL within one business day, report any allegation of abuse, neglect or exploitation of an adult client to Adult Protective Services and law enforcement within 24 hours, and notify the parent or legal guardian of each involved client within 24 hours 4.
Each site needs its own license, and a license cannot be transferred 5. File a program change application at least 30 days before changing capacity or the space you use, the program name, the responsible decision-maker, or less than half of the ownership. A new location, a change in the population served, or a transfer of 50% or more of ownership needs a new license application 4. If you close, notify OL and your clients or their families at least 30 days ahead 4.
Getting paid through Medicaid
Utah Medicaid pays for adult day care through the New Choices Waiver. The waiver describes adult day care as services furnished four or more hours a day on a regular schedule in a non-institutional, community-based setting 11. Under the provider manual (updated July 2021), a provider must hold a current business license, enroll as a Medicaid provider for New Choices Waiver adult day care, and be licensed under R501-13 (or as an assisted living facility under R432-270-29); the service bills under HCPCS code S5102 with modifier U8 10.
Two limits affect your business model. Transportation between the participant’s home and your site is not part of the service and is not built into the rate, and the meals you serve do not count as a full three-meal regimen 10. Waiver participants living in an assisted living facility generally cannot also receive adult day services unless the case management agency documents a need the residence cannot meet 10.
The New Choices Waiver manual does not mention other programs. The official sources reviewed do not say whether Utah’s Aging Waiver or the Division of Services for People with Disabilities waivers contract with licensed adult day care programs, so ask the Medicaid provider enrollment office which programs accept your license and what each pays before you build a payer mix on them.
Recent rule changes
R501-13 was last changed on July 19, 2023 2. The general provisions in R501-1 were last changed on April 24, 2025, and R380-600 on May 8, 2025 34. The assisted living rule that governs adult day care inside an assisted living facility was last changed on November 13, 2025 8. The biggest recent change is cost: the per-capacity fee and the additional inspection fee both rise in the FY 2027 fee brief, to $24.00 and $160.00 9.
Sources
- 1
- 2 Utah Office of Administrative Rules, Utah Admin. Code R501-13: Adult Day Care Checked 12 Oct 2026 · Back to text ↑
- 3
- 4
- 5
- 6 Utah State Legislature, Utah Code 26B-2-115: Exclusions from chapter Checked 12 Oct 2026 · Back to text ↑
- 7
- 8
- 9
- 10
- 11
- 12
- 13
- 14
Was this information accurate? Report an error
Related guides
- Utah assisted living facility license: Type I, Type II and the size classesUtah · Assisted living facility
- Utah personal care agency license: opening a non-medical home care agencyUtah · Non-medical home care agency
- Utah home health agency license: R432-700, DACS clearances and the two-year feeUtah · Home health agency
- Utah child care center license: thresholds, rules and fees under R381-100Utah · Child care center
- Utah licensed family child care: when your home program needs a licenseUtah · Family child care home
Utah and neighboring states
Compare all 51| State | License | Who needs it | State fee |
|---|---|---|---|
| Utah (this guide) | Adult Day Care license (human services program license) | Day care for 3 or more impaired adults, 4 to under 24 hours a day | $990 initial; $360 renewal for 0-50 consumers ($660 above 50); plus $24 per licensed capacity |
| Wyoming | Adult day care facility license | Social-model day program for 4 or more adults 18+ with disabilities | $250 (W.S. 35-2-904(g)) |
| New Mexico | Adult Day Care Facility license | 3 or more non-resident adults, under 24 hours a day; home model 3 to 5 | $300 per license; amendments $300 (8.370.3 NMAC, eff. Jan. 28, 2025) |
| Arizona | Adult Day Health Care Facility license | Day services to 5 or more unrelated adults | $50 (R9-10-106, ADHS copy effective Nov 5, 2019) |
| Nevada | Facility for the Care of Adults During the Day (adult day care) license | Any daytime care for aged or infirm adults; fees tier at 50 clients | $1,164 (up to 50 clients) or $1,753 (over 50) |
Shortened from each state's guide and our 51-state table, as of each guide's last review. Fees are the state's own; local permits and background checks cost extra.