Enrolled Copy S.B. 32
1 CAREGIVER COMPENSATION AMENDMENTS
2024 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Wayne A. Harper House Sponsor: Jennifer Dailey-Provost
2
3 LONG TITLE
4 General Description:
5 This bill amends a definition related to reimbursement for certain personal care services
6 under Medicaid.
7 Highlighted Provisions:
8 This bill:
9 ▸ provides that, if approved by CMS, a step-parent may be reimbursed for providing
10 certain personal care services to an individual who is enrolled in a specific Medicaid waiver.
11 Money Appropriated in this Bill:
12 None
13 Other Special Clauses:
14 None
15 Utah Code Sections Affected:
16 AMENDS:
17 26B-3-222, as last amended by Laws of Utah 2023, Chapter 315 and renumbered and
18 amended by Laws of Utah 2023, Chapter 306
19
20 Be it enacted by the Legislature of the state of Utah:
21 Section 1. Section 26B-3-222 is amended to read:
22 26B-3-222 . Medicaid waiver expansion for extraordinary care reimbursement.
23 (1) As used in this section:
24 (a) "Existing home and community-based services waiver" means an existing home and
25 community-based services waiver in the state that serves an individual:
26 (i) with an acquired brain injury;
27 (ii) with an intellectual or physical disability; or
28 (iii) who is 65 years old or older.
S.B. 32 Enrolled Copy
29 (b) "Guardian" means a person appointed by a court to manage the affairs of a living
30 individual.
31 (c) "Parent" means a biological [or] parent, adoptive parent, or step-parent of an
32 individual.["]
33 (d) "Personal care services" means a service that:
34 (i) is furnished to an individual who is not an inpatient nor a resident of a hospital,
35 nursing facility, intermediate care facility, or institution for mental diseases;
36 (ii) is authorized for an individual described in Subsection (1)(d)(i) in accordance
37 with a plan of treatment;
38 (iii) is provided by an individual who is qualified to provide the services; and
39 (iv) is furnished in a home or another community-based setting.
40 (e) "Waiver enrollee" means an individual who is enrolled in an existing home and
41 community-based services waiver.
42 (2) Before July 1, 2021, the department shall apply with CMS for an amendment to an
43 existing home and community-based services waiver to implement a program to offer
44 reimbursement to an individual who provides personal care services that constitute
45 extraordinary care to a waiver enrollee who is the individual's spouse.
46 (3) If CMS approves the amendment described in Subsection (2), the department shall
47 implement the program described in Subsection (2).
48 (4) The department shall by rule, made in accordance with Title 63G, Chapter 3, Utah
49 Administrative Rulemaking Act, define "extraordinary care" for purposes of Subsection
50 (2).
51 (5) Before July 1, 2023, the department shall apply with CMS for an amendment to an
52 existing home and community-based services waiver to implement a program to offer
53 reimbursement to an individual who provides personal care services that constitute
54 extraordinary care to a waiver enrollee to whom the individual is a parent or guardian.
55 (6) If CMS approves the amendment described in Subsection (5), the department shall
56 implement the program described in Subsection (5).
57 (7) The department shall by rule, made in accordance with Title 63G, Chapter 3, Utah
58 Administrative Rulemaking Act, define "extraordinary care" for purposes of Subsection
59 (5).
60 Section 2. Effective date.
61 This bill takes effect on May 1, 2024.
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Statutes affected: Introduced: 26B-3-222
Enrolled: 26B-3-222