Bill Summary – FastDemocracy

Enrolled Copy                                                                         S.B. 127
                      HUMAN SERVICES PROGRAM AMENDMENTS
                                     2021 GENERAL SESSION
                                         STATE OF UTAH
                            Chief Sponsor: Michael K. McKell
                               House Sponsor: Brady Brammer
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 LONG TITLE
 General Description:
        This bill modifies provisions related to human services programs.
 Highlighted Provisions:
        This bill:
        < defines terms;
        < provides incident reporting requirements for persons licensed by the Office of
 Licensing;
        < requires the Office of Licensing to review certain policies and procedures
 established by a human services program;
        < requires a human services program to publicly post the Office of Licensing's contact
 information;
        < requires the Office of Licensing to inspect each congregate care program multiple
 times a year;
        < describes when a congregate care program may use a restraint or seclusion;
        < requires a congregate care program to maintain suicide prevention policies;
        < prohibits a human services program from engaging in sex and gender based
 discrimination; and
        < makes technical changes.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
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        None
 Utah Code Sections Affected:
 AMENDS:
        62A-2-101, as last amended by Laws of Utah 2019, Chapters 136, 193 and last
 amended by Coordination Clause, Laws of Utah 2019, Chapter 193
        62A-2-106, as last amended by Laws of Utah 2017, Chapter 148
        62A-2-118, as last amended by Laws of Utah 2005, Chapter 188
        62A-2-120, as last amended by Laws of Utah 2020, Chapters 176, 225, 250 and last
 amended by Coordination Clause, Laws of Utah 2020, Chapter 225
 ENACTS:
        62A-2-123, Utah Code Annotated 1953
        62A-2-124, Utah Code Annotated 1953
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 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 62A-2-101 is amended to read:
        62A-2-101. Definitions.
        As used in this chapter:
        (1) "Adult day care" means nonresidential care and supervision:
        (a) for three or more adults for at least four but less than 24 hours a day; and
        (b) that meets the needs of functionally impaired adults through a comprehensive
 program that provides a variety of health, social, recreational, and related support services in a
 protective setting.
        (2) "Applicant" means a person who applies for an initial license or a license renewal
 under this chapter.
        (3) (a) "Associated with the licensee" means that an individual is:
        (i) affiliated with a licensee as an owner, director, member of the governing body,
 employee, agent, provider of care, department contractor, or volunteer; or
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         (ii) applying to become affiliated with a licensee in a capacity described in Subsection
 (3)(a)(i).
         (b) "Associated with the licensee" does not include:
         (i) service on the following bodies, unless that service includes direct access to a child
 or a vulnerable adult:
         (A) a local mental health authority described in Section 17-43-301;
         (B) a local substance abuse authority described in Section 17-43-201; or
         (C) a board of an organization operating under a contract to provide mental health or
 substance abuse programs, or services for the local mental health authority or substance abuse
 authority; or
         (ii) a guest or visitor whose access to a child or a vulnerable adult is directly supervised
 at all times.
         (4) (a) "Boarding school" means a private school that:
         (i) uses a regionally accredited education program;
         (ii) provides a residence to the school's students:
         (A) for the purpose of enabling the school's students to attend classes at the school; and
         (B) as an ancillary service to educating the students at the school;
         (iii) has the primary purpose of providing the school's students with an education, as
 defined in Subsection (4)(b)(i); and
         (iv) (A) does not provide the treatment or services described in Subsection [(33)(a)]
 (36)(a); or
         (B) provides the treatment or services described in Subsection [(33)(a)] (36)(a) on a
 limited basis, as described in Subsection (4)(b)(ii).
         (b) (i) For purposes of Subsection (4)(a)(iii), "education" means a course of study for
 one or more of grades kindergarten through 12th grade.
         (ii) For purposes of Subsection (4)(a)(iv)(B), a private school provides the treatment or
 services described in Subsection [(33)(a)] (36)(a) on a limited basis if:
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          (A) the treatment or services described in Subsection [(33)(a)] (36)(a) are provided
 only as an incidental service to a student; and
          (B) the school does not:
          (I) specifically solicit a student for the purpose of providing the treatment or services
 described in Subsection [(33)(a)] (36)(a); or
          (II) have a primary purpose of providing the treatment or services described in
 Subsection [(33)(a)] (36)(a).
          (c) "Boarding school" does not include a therapeutic school.
          (5) "Child" means [a person] an individual under 18 years [of age] old.
          (6) "Child placing" means receiving, accepting, or providing custody or care for any
 child, temporarily or permanently, for the purpose of:
          (a) finding a person to adopt the child;
          (b) placing the child in a home for adoption; or
          (c) foster home placement.
          (7) "Child-placing agency" means a person that engages in child placing.
          (8) "Client" means an individual who receives or has received services from a licensee.
          (9) "Congregate care program" means any of the following that provide services to a
 child:
          (a) an outdoor youth program;
          (b) a residential support program;
          (c) a residential treatment program; or
          (d) a therapeutic school.
          [(9)] (10) "Day treatment" means specialized treatment that is provided to:
          (a) a client less than 24 hours a day; and
          (b) four or more persons who:
          (i) are unrelated to the owner or provider; and
          (ii) have emotional, psychological, developmental, physical, or behavioral
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        Enrolled Copy                                                                              S.B. 127
 dysfunctions, impairments, or chemical dependencies.
        [(10)] (11) "Department" means the Department of Human Services.
        [(11)] (12) "Department contractor" means an individual who:
        (a) provides services under a contract with the department; and
        (b) due to the contract with the department, has or will likely have direct access to a
 child or vulnerable adult.
        [(12)] (13) "Direct access" means that an individual has, or likely will have:
        (a) contact with or access to a child or vulnerable adult that provides the individual
 with an opportunity for personal communication or touch; or
        (b) an opportunity to view medical, financial, or other confidential personal identifying
 information of the child, the child's parents or legal guardians, or the vulnerable adult.
        [(13)] (14) "Directly supervised" means that an individual is being supervised under
 the uninterrupted visual and auditory surveillance of another individual who has a current
 background screening approval issued by the office.
        [(14)] (15) "Director" means the director of the Office of Licensing.
        [(15)] (16) "Domestic violence" means the same as that term is defined in Section
 77-36-1.
        [(16)] (17) "Domestic violence treatment program" means a nonresidential program
 designed to provide psychological treatment and educational services to perpetrators and
 victims of domestic violence.
        [(17)] (18) "Elder adult" means a person 65 years [of age] old or older.
        [(18)] (19) "Executive director" means the executive director of the department.
        [(19)] (20) "Foster home" means a residence that is licensed or certified by the Office
 of Licensing for the full-time substitute care of a child.
        [(20)] (21) "Health benefit plan" means the same as that term is defined in Section
 31A-1-301.
        [(21)] (22) "Health care provider" means the same as that term is defined in Section
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 78B-3-403.
        [(22)] (23) "Health insurer" means the same as that term is defined in Section
 31A-22-615.5.
        [(23)] (24) (a) "Human services program" means [a]:
        (i) a foster home;
        (ii) a therapeutic school;
        (iii) a youth program;
        (iv) an outdoor youth program;
        (v) a residential treatment program;
        (vi) a residential support program;
        [(iv)] (vii) a resource family home;
        [(v)] (viii) a recovery residence; or
        [(vi)] (ix) a facility or program that provides:
        [(A) secure treatment;]
        [(B) inpatient treatment;]
        [(C) residential treatment;]
        [(D) residential support;]
        [(E)] (A) adult day care;
        [(F)] (B) day treatment;
        [(G)] (C) outpatient treatment;
        [(H)] (D) domestic violence treatment;
        [(I)] (E) child-placing services;
        [(J)] (F) social detoxification; or
        [(K)] (G) any other human services that are required by contract with the department to
 be licensed with the department.
        (b) "Human services program" does not include:
        (i) a boarding school; or
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         (ii) a residential, vocational and life skills program, as defined in Section 13-53-102.
         [(24)] (25) "Indian child" means the same as that term is defined in 25 U.S.C. Sec.
 1903.
         [(25)] (26) "Indian country" means the same as that term is defined in 18 U.S.C. Sec.
 1151.
         [(26)] (27) "Indian tribe" means the same as that term is defined in 25 U.S.C. Sec.
 1903.
         (28) "Intermediate secure treatment" means 24-hour specialized residential treatment or
 care for an individual who:
         (a) cannot live independently or in a less restrictive environment; and
         (b) requires, without the individual's consent or control, the use of locked doors to care
 for the individual.
         [(27)] (29) "Licensee" means an individual or a human services program licensed by
 the office.
         [(28)] (30) "Local government" means a city, town, metro township, or county.
         [(29)] (31) "Minor" has the same meaning as "child."
         [(30)] (32) "Office" means the Office of Licensing within the Department of Human
 Services.
         (33) "Outdoor youth program" means a program that provides:
         (a) services to a child that has:
         (i) a chemical dependency; or
         (ii) a dysfunction or impairment that is emotional, psychological, developmental, or
 behavioral;
         (b) a 24-hour outdoor group living environment; and
         (c) (i) regular therapy, including group, individual, or supportive family therapy; or
         (ii) informal therapy or similar services, including wilderness therapy, adventure
 therapy, or outdoor behavioral healthcare.
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        [(31)] (34) "Outpatient treatment" means individual, family, or group therapy or
 counseling designed to improve and enhance social or psychological functioning for those
 whose physical and emotional status allows them to continue functioning in their usual living
 environment.
        [(32)] (35) "Practice group" or "group practice" means two or more health care
 providers legally organized as a partnership, professional corporation, or similar association,
 for which:
        (a) substantially all of the services of the health care providers who are members of the
 group are provided through the group and are billed in the name of the group and amounts
 received are treated as receipts of the group; and
        (b) the overhead expenses of and the income from the practice are distributed in
 accordance with methods previously determined by members of the group.
        [(33)] (36) (a) "Recovery residence" means a home, residence, or facility that meets at
 least two of the following requirements:
        (i) provides a supervised living environment for individuals recovering from a
 substance use disorder;
        (ii) provides a living environment in which more than half of the individuals in the
 residence are recovering from a substance use disorder;
        (iii) provides or arranges for residents to receive services related to their recovery from
 a substance use disorder, either on or off site;
        (iv) is held out as a living environment in which individuals recovering from substance
 abuse disorders live together to encourage continued sobriety; or
        (v) (A) receives public funding; or
        (B) is run as a business venture, either for-profit or not-for-profit.
        (b) "Recovery residence" does not mean:
        (i) a residential treatment program;
        (ii) residential support; or
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        (iii) a home, residence, or facility, in which:
        (A) residents, by their majority vote, establish, implement, and enforce policies
 governing the living environment, including the manner in which applications for residence are
 approved and the manner in which residents are expelled;
        (B) residents equitably share rent and housing-related expenses; and
        (C) a landlord, owner, or operator does not receive compensation, other than fair
 market rental income, for establishing, implementing, or enforcing policies governing the
 living environment.
        [(34)] (37) "Regular business hours" means:
        (a) the hours during which services of any kind are provided to a client; or
        (b) the hours during which a client is present at the facility of a licensee.
        [(35)] (38) (a) "Residential support program" means [arranging for or providing] a
 program that arranges for or provides the necessities of life as a protective service to
 individuals or families who have a disability or who are experiencing a dislocation or
 emergency that prevents them from providing these services for themselves or their families.
        (b) "Residential support program" includes [providing] a program that provides a
 supervised living environment for [persons] individuals with dysfunctions or impairments that
 are:
        (i) emotional;
        (ii) psychological;
        (iii) developmental; or
        (iv) behavioral.
        (c) Treatment is not a necessary component of a residential support program.
        (d) "Residential support program" does not include:
        (i) a recovery residence; or
        (ii) a program that provides residential services that are performed:
        (A) exclusively under contract with the department and provided to individuals through
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 the Division of Services for People with Disabilities; or
         (B) in a facility that serves fewer than four individuals.
         [(36)] (39) (a) "Residential treatment" means a 24-hour group living environment for
 four or more individuals unrelated to the owner or provider that offers room or board and
 specialized treatment, behavior modification, rehabilitation, discipline, emotional growth, or
 habilitation services for persons with emotional, psychological, developmental, or behavioral
 dysfunctions, impairments, or chemical dependencies.
         (b) "Residential treatment" does not include a:
         (i) boarding school;
         (ii) foster home; or
         (iii) recovery residence.
         [(37)] (40) "Residential treatment program" means a [human services program] a