Bill Summary – FastDemocracy

Enrolled Copy                                                                              S.B. 42
         HEALTH AND HUMAN SERVICES REPORTING REQUIREMENTS
                                           2024 GENERAL SESSION
                                                 STATE OF UTAH
                                     Chief Sponsor: Michael S. Kennedy House Sponsor: Steve Eliason
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  LONG TITLE
  General Description:
      This bill modifies and repeals reporting provisions related to Department of Health and
  Human Services programs.
  Highlighted Provisions:
      This bill:
      ▸ modifies and repeals reporting provisions related to Department of Health and Human
  Services programs;
      ▸ replaces a report for the Hepatitis C Outreach Pilot Program with a sunset date for the
  pilot program; and
      ▸ makes technical changes
  Money Appropriated in this Bill:
      None
  Other Special Clauses:
      This bill provides a special effective date.
  Utah Code Sections Affected:
  AMENDS:
      26A-1-115 (Effective 05/01/24), as last amended by Laws of Utah 2023, Chapter 272
      26A-1-129 (Effective 05/01/24), as enacted by Laws of Utah 2020, Chapter 347
      26B-1-324 (Effective 05/01/24), as last amended by Laws of Utah 2023, Chapter 270 and
      renumbered and amended by Laws of Utah 2023, Chapter 305
      26B-1-326 (Effective 05/01/24), as renumbered and amended by Laws of Utah 2023,
      Chapter 305
      26B-1-327 (Effective 05/01/24), as last amended by Laws of Utah 2023, Chapter 534 and
      renumbered and amended by Laws of Utah 2023, Chapter 305
      26B-1-328 (Effective 05/01/24), as last amended by Laws of Utah 2023, Chapter 534 and
     S.B. 42                                                                         Enrolled Copy
       renumbered and amended by Laws of Utah 2023, Chapter 305
       26B-1-329 (Effective 05/01/24), as renumbered and amended by Laws of Utah 2023,
       Chapter 305
       26B-1-402 (Effective 05/01/24), as renumbered and amended by Laws of Utah 2023,
       Chapter 305
       26B-1-422 (Effective 05/01/24), as last amended by Laws of Utah 2023, Chapter 269 and
       renumbered and amended by Laws of Utah 2023, Chapter 305 and last amended by
       Coordination Clause, Laws of Utah 2023, Chapter 305
       26B-1-424 (Effective 05/01/24), as renumbered and amended by Laws of Utah 2023,
       Chapter 305
       26B-3-210 (Effective 05/01/24), as renumbered and amended by Laws of Utah 2023,
       Chapter 306
       26B-3-218 (Effective 05/01/24), as renumbered and amended by Laws of Utah 2023,
       Chapter 306
       26B-4-702 (Effective 05/01/24), as renumbered and amended by Laws of Utah 2023,
       Chapter 307
       26B-4-703 (Effective 05/01/24), as renumbered and amended by Laws of Utah 2023,
       Chapter 307
       26B-4-711 (Effective 05/01/24), as renumbered and amended by Laws of Utah 2023,
       Chapter 307
       26B-5-102 (Effective 05/01/24), as last amended by Laws of Utah 2023, Chapter 177 and
       renumbered and amended by Laws of Utah 2023, Chapter 308
       26B-5-110 (Effective 05/01/24), as renumbered and amended by Laws of Utah 2023,
       Chapter 308
       26B-5-114 (Effective 05/01/24), as last amended by Laws of Utah 2023, Chapter 270 and
       renumbered and amended by Laws of Utah 2023, Chapter 308
       26B-5-116 (Effective 05/01/24), as renumbered and amended by Laws of Utah 2023,
       Chapter 308
       26B-5-611 (Effective 05/01/24), as renumbered and amended by Laws of Utah 2023,
       Chapter 308
       26B-6-304 (Effective 05/01/24), as renumbered and amended by Laws of Utah 2023,
       Chapter 308
       26B-6-703 (Effective 05/01/24), as renumbered and amended by Laws of Utah 2023,
       Chapter 308
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     Enrolled Copy                                                                             S.B. 42
      26B-7-117 (Effective 05/01/24), as renumbered and amended by Laws of Utah 2023,
      Chapter 308
      26B-7-119 (Effective 05/01/24), as renumbered and amended by Laws of Utah 2023,
      Chapter 308
      26B-8-504 (Effective 05/01/24), as renumbered and amended by Laws of Utah 2023,
      Chapter 306
      63C-18-203 (Effective 05/01/24), as last amended by Laws of Utah 2023, Chapters 270, 329
      63I-1-226 (Effective 05/01/24) (Superseded 07/01/24), as last amended by Laws of Utah
      2023, Chapters 249, 269, 270, 275, 332, 335, 420, and 495 and repealed and reenacted by
      Laws of Utah 2023, Chapter 329
      63I-1-226 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapters 249, 269,
      270, 275, 310, 332, 335, 420, and 495 and repealed and reenacted by Laws of Utah 2023,
      Chapter 329 and last amended by Coordination Clause, Laws of Utah 2023, Chapters 329, 332
      63I-1-276 (Effective 05/01/24), as last amended by Laws of Utah 2023, Chapter 398
      63I-2-226 (Effective 05/01/24) (Superseded 07/01/24), as last amended by Laws of Utah
      2023, Chapters 33, 139, 249, 295, and 465 and repealed and reenacted by Laws of Utah 2023,
      Chapter 329
      63I-2-226 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapters 33, 139,
      249, 295, 310, and 465 and repealed and reenacted by Laws of Utah 2023, Chapter 329 and
      last amended by Coordination Clause, Laws of Utah 2023, Chapter 329
      78B-6-140 (Effective 05/01/24), as last amended by Laws of Utah 2023, Chapters 289, 466
      80-2-1104 (Effective 05/01/24), as renumbered and amended by Laws of Utah 2022,
      Chapter 334
  REPEALS:
      26B-2-503 (Effective 05/01/24), as renumbered and amended by Laws of Utah 2023,
      Chapter 305
      26B-6-510 (Effective 05/01/24), as renumbered and amended by Laws of Utah 2023,
      Chapter 308
      26B-7-224 (Effective 05/01/24), as last amended by Laws of Utah 2023, Chapter 111 and
      renumbered and amended by Laws of Utah 2023, Chapter 308
93
  Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 26A-1-115 is amended to read:
        26A-1-115 (Effective 05/01/24). Apportionment of costs -- Contracts to provide
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      S.B. 42                                                                                  Enrolled Copy
   services -- Percentage match of state funds -- Audit.
   (1) (a) The cost of establishing and maintaining a multicounty local health department
       may be apportioned among the participating counties on the basis of population in
       proportion to the total population of all counties within the boundaries of the local
       health department, or upon other bases agreeable to the participating counties.
       (b) Costs of establishing and maintaining a county health department shall be a charge of
           the county creating the local health department.
       (c) Money available from fees, contracts, surpluses, grants, and donations may also be
           used to establish and maintain local health departments.
       (d) As used in this Subsection (1), "population" means population estimates prepared by
           the Utah Population Committee.
   (2) The cost of providing, equipping, and maintaining suitable offices and facilities for a
       local health department is the responsibility of participating governing bodies.
   (3) Local health departments that comply with all department rules and secure advance
       approval of proposed service boundaries from the department may by contract receive
       funds under Section 26A-1-116 from the department to provide specified public health
       services.
   (4) Contract funds distributed under Subsection (3) shall be in accordance with Section
       26A-1-116 and policies and procedures adopted by the department.
   (5) Department rules shall require that contract funds be used for public health services and
       not replace other funds used for local public health services.
   (6) (a) (i) All state funds distributed by contract from the department to local health
       departments for public health services shall be matched by those local health
       departments at a percentage determined by the department in consultation with
       local health departments.
           (ii) Counties shall have no legal obligation to match state funds at percentages in
               excess of those established by the department and shall suffer no penalty or
               reduction in state funding for failing to exceed the required funding match.
       (b) By October 1 of each year, [the department, in consultation with each local health
           department] the local health departments, shall submit a collective written report to
           the Social Services Appropriations Subcommittee describing, for the preceding five
           fiscal years, each county's annual per capita contribution to a local health department
           that is used to meet the minimum performance standards described in Section
           26A-1-106.
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      Enrolled Copy                                                                                  S.B. 42
      (c) A county may submit an additional written report separate from the report described
          in Subsection (6)(b) to the Social Services Appropriations Subcommittee outlining a
          county's contribution to public and community health in the county through other
          methods that are additional to the annual per capita contribution described in
          Subsection (6)(b).
  (7) (a) Each local health department shall cause an annual financial and compliance
      audit to be made of its operations by a certified public accountant. The audit may be
      conducted as part of an annual county government audit of the county where the local
      health department headquarters are located.
      (b) The local health department shall provide a copy of the audit report to the
          department and the local governing bodies of counties participating in the local
          health department.
        Section 2. Section 26A-1-129 is amended to read:
        26A-1-129 (Effective 05/01/24). Electronic Cigarette, Marijuana, and Other
  Drug Prevention Grant Program -- Reporting.
  (1) As used in this section, "grant program" means the Electronic Cigarette, Marijuana, and
      Other Drug Prevention Grant Program created in this section.
  (2) There is created the Electronic Cigarette, Marijuana, and Other Drug Prevention Grant
      Program which shall be administered by local health departments in accordance with
      this section.
  (3) (a) A local health department shall administer the grant program with funds allocated
      to the grant program under Subsection 59-14-807(4)(d), to award grants to:
          (i) a coalition of community organizations that is focused on substance abuse
               prevention;
          (ii) a local government agency, including a law enforcement agency, for a program
               that is focused on substance abuse prevention; or
          (iii) a local education agency as defined in Section 53E-1-102.
      (b) A recipient of a grant under the grant program shall use the grant to address root
          causes and factors associated with the use of electronic cigarettes, marijuana, and
          other drugs:
          (i) by addressing one or more risk or protective factors identified in the Utah Student
               Health and Risk Prevention Statewide Survey; and
          (ii) through one or more of the following activities aimed at reducing use of
               electronic cigarettes, marijuana, and other drugs:
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      S.B. 42                                                                               Enrolled Copy
               (A) providing information;
               (B) enhancing individual skills;
               (C) providing support to activities that reduce risk or enhance protections;
               (D) enhancing access or reducing barriers systems, processes, or programs;
               (E) changing consequences by addressing incentives or disincentives;
               (F) changing the physical design or structure of an environment to reduce risk or
                   enhance protections; or
               (G) supporting modifications or changing policies.
       (c) The grant program shall provide funding for a program or purpose that is:
           (i) evidence-based; or
           (ii) a promising practice as defined by the United States Centers for Disease Control
               and Prevention.
   (4) (a) An applicant for a grant under the grant program shall submit an application to
       the local health department that has jurisdiction over the area in which the applicant
       is proposing use of grant funds.
       (b) The application described in Subsection (4)(a) shall:
           (i) provide a summary of how the applicant intends to expend grant funds; and
           (ii) describe how the applicant will meet the requirements described in Subsection (3).
       (c) A local health department may establish the form or manner in which an applicant
           must submit an application for the grant program under this section.
   (5) (a) A local health department shall:
           (i) on or before June 30 of each year:
               (A) review each grant application the local health department receives for the
                   grant program; and
               (B) select recipients for a grant under the grant program; and
           (ii) before July 15 of each year, disperse grant funds to each selected recipient.
       (b) A local health department may not award a single grant under this section in an
           amount that exceeds $100,000.
   (6) (a) Before August 1 of each year, a recipient of a grant under the grant program shall,
       for the previous year, submit a report to the local health department that:
           (i) provides an accounting for the expenditure of grant funds;
           (ii) describes measurable outcomes as a result of the expenditures;
           (iii) describes the impact and effectiveness of programs and activities funded through
               the grant; and
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      Enrolled Copy                                                                                  S.B. 42
          (iv) indicates the amount of grant funds remaining on the date that the report is
               submitted.
      (b) (i) A grant recipient shall submit the report described in Subsection (6)(a) before
          August 1 of each year until the grant recipient expends all funds awarded to the
          recipient under the grant program.
          (ii) After a grant recipient expends all funds awarded to the recipient under the grant
               program, the grant recipient shall submit a final report to the local health
               department with the information described in Subsection (6)(a).
  (7) (a) On or before September 1 of each year, each local health department shall submit
      the reports described in Subsection (6) to the Association of Local Health
      Departments.
      (b) The Association of Local Health Departments shall compile the reports and, in
          collaboration with the Department of Health, submit a report to the Health and
          Human Services Interim Committee regarding:
          (i) the use of funds appropriated to the grant program;
          (ii) the impact and effectiveness of programs and activities that the grant program
               funds during the previous fiscal year; and
          (iii) any recommendations for legislation.
      (c) The report described in this Subsection (7) may be combined with the report
          described in Subsection 26B-1-428(4)(a).
        Section 3. Section 26B-1-324 is amended to read:
        26B-1-324 (Effective 05/01/24). Statewide Behavioral Health Crisis Response
  Account -- Creation -- Administration -- Permitted uses -- Reporting.
  (1) There is created a restricted account within the General Fund known as the "Statewide
      Behavioral Health Crisis Response Account," consisting of:
      (a) money appropriated or otherwise made available by the Legislature; and
      (b) contributions of money, property, or equipment from federal agencies, political
          subdivisions of the state, or other persons.
  (2) (a) Subject to appropriations by the Legislature and any contributions to the account
      described in Subsection (1)(b), the division shall disburse funds in the account only
      for the purpose of support or implementation of services or enhancements of those
      services in order to rapidly, efficiently, and effectively deliver 988 services in the
      state.
      (b) Funds distributed from the account to county local mental health and substance
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      S.B. 42                                                                                  Enrolled Copy
           abuse authorities for the provision of crisis services are not subject to the 20% county
           match described in Sections 17-43-201 and 17-43-301.
       (c) After cons