Utah personal care agency license: opening a non-medical home care agency

Utah licenses non-medical home care as a health care facility

Many states register companion and homemaker businesses through a light filing. Utah does not. A non-medical home care business that helps clients with daily activities is a personal care agency, and state law defines it as “a health care facility defined by department rule” ⁠⁵. The rule that defines it is R432-725, the Personal Care Agency Rule, which the Department of Health and Human Services (DHHS) enforces through the Office of Licensing in its Division of Licensing and Background Checks ⁠¹⁠³.

Two consequences follow. First, the general health facility rules in R432-1 and the Office of Licensing’s procedures rule, R380-600, apply in addition to R432-725 ⁠²⁠³. Second, a personal care agency is on the statutory list of “covered providers” that must run every caregiver, manager and volunteer through the state’s Direct Access Clearance System ⁠⁵.

R432-725 still cites “Title 26, Chapter 21” as its authority. That is the health code before Utah moved it into Title 26B. The rule was last amended August 12, 2021, and DHHS filed a notice of continuation on August 6, 2026, so it remains in force ⁠¹.

Who needs the license, and who does not

R432-725 defines a personal care agency as “two or more individuals providing personal care services on a visiting basis” ⁠¹. Three phrases in that definition decide whether you need a license:

• Two or more individuals. The definition starts at two people. A single caregiver working alone does not meet it. The rule says nothing more about solo workers, so check with the Office of Licensing before you build a sole-proprietor model around that gap.
• Personal care services. Personal care means help “with activities of daily living or other tasks which do not require the direct intervention or supervision of a licensed healthcare professional” ⁠¹. Utah’s general health facility rule lists the activities of daily living as eating, nutrition, mobility, dressing, bathing, toileting and behavior management ⁠². The definition also includes health care tasks that an unlicensed person may perform without delegation under Utah Code 58-1-307.1 and Rule R156-31b-701a(1) ⁠¹.
• Visiting basis. The agency sends staff to clients. R432-1 defines an “agency” as an entity that provides a health care service “but does not house or serve patients at the licensed site” ⁠². A home where clients live is a different license. See the Utah assisted living facility guide, which covers facilities licensed from two residents up.

The one written exemption is narrow: “A Transportation Services Agency does not require a Personal Care Agency license,” and a transportation services agency is one that “does not provide any Personal Care Services” ⁠¹. If your drivers also help a client dress or transfer, you are back inside the definition.

Where personal care stops and home health begins

R432-725-3 says an agency “shall not exceed personal care services” ⁠¹. The next tier is a home health agency. Utah Code defines that as an agency employing two or more direct care staff who provide licensed nursing, physical, speech or occupational therapy, medical social services, or home health aide services on a visiting basis ⁠⁶.

Utah builds the scope boundary into how you take clients. You may accept or keep a client only if their needs “do not exceed the level of personal care services as determined and documented by a licensed health care professional” ⁠¹. For this rule, that means a registered nurse, physician assistant, advanced practice registered nurse or physician licensed by the Utah Department of Commerce ⁠¹. If a client’s needs go beyond personal care, you must refer them to a licensed health care professional or another appropriate service ⁠¹. If you plan to offer nursing visits, read the Utah home health agency license guide instead.

People you must have in place before you apply

Administrator. The licensee must appoint an administrator by name and in writing. The administrator must be at least 21 and have at least one year of managerial or supervisory experience ⁠¹. The administrator also names, in writing, a designee of at least 21 who acts in their absence. Either the administrator or the designee must be available whenever the agency is open ⁠¹. Changing the administrator later requires a program change application at least 30 days in advance ⁠³.

Aide supervisor. Personal care aides must be supervised by either a licensed nurse or a certified nursing aide with at least two years of experience in personal or home care ⁠¹. This is the one clinical-adjacent hire the rule requires.

Clinical assessor. Because a licensed health care professional must document that each client’s needs fit within personal care, you need an RN, PA, APRN or physician available to do those determinations ⁠¹. The rule does not say whether that person must be an employee.

Personal care aides. Each aide must be at least 18, know the agency’s policies and procedures, be trained in first aid, and be able to demonstrate competency in every area of personal care training ⁠¹.

Background checks through DACS

Utah Code 26B-2-238 names a personal care agency as a “covered provider” ⁠⁵. “Covered individuals” are anyone you engage who may have direct patient access, which means being in a position to cause physical or mental harm, commit theft, or view medical or financial records ⁠⁵. The statute lists personal care aides, nurses, executives, administrative staff, food service staff, and housekeeping and maintenance staff ⁠⁵. Rule R432-35 adds transportation staff and volunteers ⁠⁴. “Engage” covers employees, contractors and volunteers ⁠⁵.

R432-35 sets the order of events:

1. Your own clearance first

   An individual seeking licensure as a covered provider must initiate and obtain certification for direct patient access before the Office of Licensing issues a provisional license ⁠⁴.

2. Enter staff before licensing and before hire

   The agency enters each covered individual into DACS before the provisional license or a renewal is issued and before that person starts ⁠⁴.

3. Fingerprints within 15 working days

   Each engaged individual signs a criminal background check authorization and submits fingerprints within 15 working days of engagement ⁠⁴.

4. Keep DACS current

   Update a worker’s status within five working days of engagement or termination ⁠⁴.

You may provisionally engage someone while their certification is pending. If the Office of Background Processing finds a person not eligible, you may not place them in a position with direct patient access ⁠⁴. The Office of Licensing can deny or condition a license if an ineligible person is still working in the agency ⁠³. Keep the signed background screening authorization in each personnel file, because R432-725 lists it as a required record ⁠¹.

Policies and paperwork the rule requires

R380-600 says an application must include “any policy and procedure … as required by OL” ⁠³. For a personal care agency, R432-725 calls for the following written systems:

• Employee health screening policy. It must identify conditions that would prevent a worker from doing the job, with immunization components developed under R386-702, the communicable disease rule. Every employee needs a tuberculosis skin test, or another FDA-approved test, within two weeks of hire, suspected exposure or developing symptoms. Employees with a known positive reaction are exempt from the skin test ⁠¹.
• Orientation program. It must cover job duties, ethics, confidentiality, clients’ rights, and how to report suspected abuse, neglect or exploitation ⁠¹.
• In-service training. Each employee needs at least six hours a year, prorated in the first year, and an annual documented in-service on abuse, neglect and exploitation reporting ⁠¹.
• Service agreement. It must be signed and dated by the client or responsible party, and it must state the services the aide will perform, the charges, and that you will give 30 days’ notice before changing base charges ⁠¹.
• Termination policy. You may discharge a client only for nonpayment, when client or provider safety cannot be assured, when needs exceed your level of care, at the client’s request, or when the agency discontinues services ⁠¹.
• Clients’ rights statement. It must be available to clients, guardians, next of kin and the public. The rights include being informed of charges and changes to them, freedom from abuse and exploitation, confidentiality of records, proper identification from the caregiver, and information on how to complain ⁠¹.
• Identification badges. Every direct care employee and volunteer must wear a badge showing a first or last name and a title the public would understand ⁠².

Records. Keep a separate record for each client for three years after the last date of service. It must contain the client’s name, date of birth and address, the service agreement, an emergency contact, and the date and reason services ended ⁠¹. Keep personnel records for three years after an employee leaves. They must include the application, hire and termination dates, reason for leaving, first aid training, health inventory, TB test results and background screening authorization ⁠¹. Aides also document their observations and services in the client record ⁠¹.

Applying to the Office of Licensing

1. Confirm local requirements

   R432-1 requires applicants to comply with city and county zoning, fire, safety, building and licensing codes ⁠². R380-600 asks for documentation of compliance with, or exemption from, fire and business license requirements ⁠³. R432-1-8 requires a certificate of fire clearance from the state fire marshal or designated local fire authority with an initial and a renewal application, and a certificate of occupancy from the local building official with an initial application and a change of location ⁠². The rules do not say how either applies to an office where no clients are served; R380-600 allows documentation of “exemption from” the fire requirement ⁠³. Ask the Office of Licensing whether it will accept an exemption letter from your local fire authority and building official for an office-only agency.

2. Gather owner disclosures

   List every owner of the legal entity with phone, email and mailing address. Provide written assurances that none has a felony conviction, a violation related to a health care facility, or a conviction for patient abuse, neglect or exploitation ⁠². Also confirm that none has had, within the past five years, a financial interest in a facility that went into patient care receivership, closed after decertification or license revocation, or was involuntarily terminated from Medicaid or Medicare ⁠². The Office of Licensing may also deny an application if an owner, director or billing staff member appears on the federal OIG List of Excluded Individuals and Entities ⁠³.

3. Submit the application and fee

   File on the Office of Licensing’s form with the fee, background checks, policies and decision-maker contacts ⁠²⁠³. The fee must be paid before the office does any on-site visit or document review ⁠³. The rules do not name the application portal or a personal care agency checklist; ask the Office of Licensing which form and portal it uses and which policies it wants submitted.

4. Complete it promptly

   R380-600-3(10) requires a new application and fees if you have not finished the process within six months of applying. R380-600-5(2) refers to a new fee after 12 months ⁠³. Plan around the six-month figure.

5. Wait for approval before operating

   Until the license is approved, you may not accept any fee, enter into any agreement to provide a client service, or provide any service ⁠³. The only exception R380-600-3(18) names is a special-circumstances approval the Office of Licensing gives you in advance ⁠³.

If you are denied, you may not reapply for at least three months from the date of denial ⁠³.

Fees

R380-600 sets how fees work, but not the amounts. You pay an initial application fee for each license category at each site, a renewal fee for each license, late fees if you renew within 30 days after expiration, and a follow-up inspection fee each time the office has to come back for the same uncorrected rule ⁠³. The dollar amounts appear in the DLBC health facility fee schedule, which the division publishes by fiscal year on dlbc.utah.gov. That site blocked automated access on 2026-10-12, so this guide quotes no amounts. Before you budget, ask the Office of Licensing for the personal care agency new-provider application fee, annual license fee, any branch fee and any base fee for the current fiscal year. A two-year license costs twice the annual fee ⁠³.

Inspections, renewal and changes

The Office of Licensing may make announced and unannounced inspections. It requires full access to staff and records, including records kept at an administrative location away from the licensed site ⁠³. Citations from inspections and substantiated complaints are posted on the division website for at least 36 months ⁠³.

• Term. A license expires at midnight on the last day of the month it was issued, one year after its effective date ⁠³. A health care provider in good standing for the two previous license periods may apply for a two-year license by paying twice the annual fee ⁠³.
• Renewal. File at least 30 days before expiration. A late renewal with late fees is allowed within 30 days after expiration. After that you must file a new application ⁠³. You may request an extension of up to 90 days if fees are paid and noncompliance is resolved ⁠³.
• Changes needing 30 days’ notice. Submit a program change application before changing your name or administrator, moving an administrative site where no clients are served, or transferring less than 50% ownership. Submit a new license application before a change of location or a transfer of 50% or more ⁠³. A license is not transferable ⁠³.
• Branch offices. A personal care agency can add a branch location under the parent license. You submit a program narrative with both addresses, the services the branch will provide, and its administrative and support services. The department then issues a separate branch license ⁠².
• Closing. Notify the Office of Licensing and your clients or their families at least 30 days before closing, and keep your records safe ⁠³.

Medicaid and other payers

The Utah Medicaid Personal Care Services provider manual on medicaid.utah.gov is the place to look for enrollment rules. The manual blocked automated access on 2026-10-12, so this guide does not describe enrollment steps or rates; ask Utah Medicaid which provider type and application apply before you build a Medicaid payer plan. Whatever the payer, your service agreement must state your charges, and clients are entitled to be told of any change in charges ⁠¹.

Penalties

Anyone who violates R432-725 may face the penalties in the health facility licensing statute and may be punished for a class A misdemeanor ⁠¹. R380-600 applies the same licensing and penalty provisions to someone operating without the required license as to a licensed provider ⁠³.

Related Utah guides: home health agency, adult day care and assisted living facility.

Sources

1. 1
   Utah Office of Administrative Rules, Rule R432-725, Utah Admin. Code: Personal Care Agency Rule Checked 12 Oct 2026 · Back to text ↑
2. 2
   Utah Office of Administrative Rules, Rule R432-1, Utah Admin. Code: General Health Care Facility Rules Checked 12 Oct 2026 · Back to text ↑
3. 3
   Utah Office of Administrative Rules, Rule R380-600, Utah Admin. Code: Licensing Procedures and Enforcement Checked 12 Oct 2026 · Back to text ↑
4. 4
   Utah Office of Administrative Rules, Rule R432-35, Utah Admin. Code: Background Screening, Direct Access Clearance System Checked 12 Oct 2026 · Back to text ↑
5. 5
   Utah State Legislature, Utah Code 26B-2-238: definitions for direct patient access certification Checked 12 Oct 2026 · Back to text ↑
6. 6
   Utah State Legislature, Utah Code 26B-2-201: health care facility licensing definitions Checked 12 Oct 2026 · Back to text ↑
7. 7
   Utah Office of Administrative Rules, Rule R432-700, Utah Admin. Code: Home Health Agency Rule Checked 12 Oct 2026 · Back to text ↑

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