LEGISLATIVE GENERAL COUNSEL H.B. 340
6 Approved for Filing: C. Williams 6 st
1 Sub. (Buff)
6 02-05-24 9:52 AM 6
Representative Ken Ivory proposes the following substitute bill:
1 HEALTH CARE REFORM AMENDMENTS
2 2024 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Ken Ivory
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions related to health care reform.
10 Highlighted Provisions:
11 This bill:
12 < requires the Department of Health and Human Services (department) to issue a
13 request for information regarding lowering costs to the Medicaid program while
14 maintaining or improving the level of services offered to Medicaid enrollees;
15 < authorizes the department to initiate request for proposals;
16 < authorizes the department to apply for Medicaid waivers if necessary to implement
17 a proposal;
18 < authorizes the use of the Medicaid Expansion Fund to pay for certain programs; and
19 < creates a sunset date.
20 Money Appropriated in this Bill: 1 stSub. H.B. 340
21 None
22 Other Special Clauses:
23 This bill provides a special effective date.
24 Utah Code Sections Affected:
25 AMENDS:
*HB0340S01*
 1st Sub. (Buff) H.B. 340 02-05-24 9:52 AM
26 26B-1-315, as last amended by Laws of Utah 2023, Chapter 471 and renumbered and
27 amended by Laws of Utah 2023, Chapter 305
28 63I-1-226 (Superseded 07/01/24), as last amended by Laws of Utah 2023, Chapters
29 249, 269, 270, 275, 332, 335, 420, and 495 and repealed and reenacted by Laws of
30 Utah 2023, Chapter 329
31 63I-1-226 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapters 249,
32 269, 270, 275, 310, 332, 335, 420, and 495 and repealed and reenacted by Laws of
33 Utah 2023, Chapter 329 and last amended by Coordination Clause, Laws of Utah
34 2023, Chapters 329, 332
35 ENACTS:
36 26B-3-143, Utah Code Annotated 1953
37
38 Be it enacted by the Legislature of the state of Utah:
39 Section 1. Section 26B-1-315 is amended to read:
40 26B-1-315. Medicaid Expansion Fund.
41 (1) There is created an expendable special revenue fund known as the "Medicaid
42 Expansion Fund."
43 (2) The fund consists of:
44 (a) assessments collected under Chapter 3, Part 5, Inpatient Hospital Assessment;
45 (b) intergovernmental transfers under Section 26B-3-508;
46 (c) savings attributable to the health coverage improvement program, as defined in
47 Section 26B-3-501, as determined by the department;
48 (d) savings attributable to the enhancement waiver program, as defined in Section
49 26B-3-501, as determined by the department;
50 (e) savings attributable to the Medicaid waiver expansion, as defined in Section
51 26B-3-501, as determined by the department;
52 (f) savings attributable to the inclusion of psychotropic drugs on the preferred drug list
53 under Subsection 26B-3-105(3) as determined by the department;
54 (g) revenues collected from the sales tax described in Subsection 59-12-103(11);
55 (h) gifts, grants, donations, or any other conveyance of money that may be made to the
56 fund from private sources;
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57 (i) interest earned on money in the fund; and
58 (j) additional amounts as appropriated by the Legislature.
59 (3) (a) The fund shall earn interest.
60 (b) All interest earned on fund money shall be deposited into the fund.
61 (4) (a) A state agency administering the provisions of Chapter 3, Part 5, Inpatient
62 Hospital Assessment, may use money from the fund to pay the costs, not otherwise paid for
63 with federal funds or other revenue sources, of:
64 (i) the health coverage improvement program as defined in Section 26B-3-501;
65 (ii) the enhancement waiver program as defined in Section 26B-3-501;
66 (iii) a Medicaid waiver expansion as defined in Section 26B-3-501; [and]
67 (iv) the outpatient upper payment limit supplemental payments under Section
68 26B-3-511[.]; and
69 (v) administering and implementing a program or Medicaid waiver created under
70 Section 26B-3-143.
71 (b) A state agency administering the provisions of Chapter 3, Part 5, Inpatient Hospital
72 Assessment, may not use:
73 (i) funds described in Subsection (2)(b) to pay the cost of private outpatient upper
74 payment limit supplemental payments; or
75 (ii) money in the fund for any purpose not described in Subsection (4)(a).
76 Section 2. Section 26B-3-143 is enacted to read:
77 26B-3-143. Medicaid improvement projects.
78 (1) Before December 31, 2024, the department shall initiate a request for information
79 related to providing the same or improved services to enrollees at lower cost to the state.
80 (2) (a) After receiving responses under Subsection (1) and in accordance with Title
81 63G, Chapter 6a, Utah Procurement Code, the department may develop any number of request
82 for proposals that the department determines could result in the same or improved services to
83 enrollees at lower cost to the state.
84 (b) The department may determine the scope for a request for proposal described in
85 Subsection (2)(a).
86 (3) The department may apply for a Medicaid waiver to implement a program created
87 under this section.
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88 Section 3. Section 63I-1-226 (Superseded 07/01/24) is amended to read:
89 63I-1-226 (Superseded 07/01/24). Repeal dates: Titles 26A through 26B.
90 (1) Subsection 26B-1-204(2)(i), related to the Primary Care Grant Committee, is
91 repealed July 1, 2025.
92 (2) Section 26B-1-315, which creates the Medicaid Expansion Fund, is repealed July 1,
93 2024.
94 (3) Subsection 26B-1-315(4)(a)(v), related to a program or Medicaid waiver created
95 under Section 26B-3-143, is repealed July 1, 2031.
96 [(3)] (4) Section 26B-1-319, which creates the Neuro-Rehabilitation Fund, is repealed
97 January 1, 2025.
98 [(4)] (5) Section 26B-1-320, which creates the Pediatric Neuro-Rehabilitation Fund, is
99 repealed January 1, 2025.
100 [(5)] (6) Subsection 26B-1-324(4), the language that states "the Behavioral Health
101 Crisis Response Commission, as defined in Section 63C-18-202," is repealed December 31,
102 2026.
103 [(6)] (7) Subsection 26B-1-329(6), related to the Behavioral Health Crisis Response
104 Commission, is repealed December 31, 2026.
105 [(7)] (8) Section 26B-1-402, related to the Rare Disease Advisory Council Grant
106 Program, is repealed July 1, 2026.
107 [(8)] (9) Section 26B-1-409, which creates the Utah Digital Health Service
108 Commission, is repealed July 1, 2025.
109 [(9)] (10) Section 26B-1-410, which creates the Primary Care Grant Committee, is
110 repealed July 1, 2025.
111 [(10)] (11) Section 26B-1-416, which creates the Utah Children's Health Insurance
112 Program Advisory Council, is repealed July 1, 2025.
113 [(11)] (12) Section 26B-1-417, which creates the Brain Injury Advisory Committee, is
114 repealed July 1, 2025.
115 [(12)] (13) Section 26B-1-418, which creates the Neuro-Rehabilitation Fund and
116 Pediatric Neuro-Rehabilitation Fund Advisory Committee, is repealed January 1, 2025.
117 [(13)] (14) Section 26B-1-422, which creates the Early Childhood Utah Advisory
118 Council, is repealed July 1, 2029.
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119 [(14)] (15) Section 26B-1-428, which creates the Youth Electronic Cigarette,
120 Marijuana, and Other Drug Prevention Program, is repealed July 1, 2025.
121 [(15)] (16) Section 26B-1-430, which creates the Coordinating Council for Persons
122 with Disabilities, is repealed July 1, 2027.
123 [(16)] (17) Section 26B-1-431, which creates the Forensic Mental Health Coordinating
124 Council, is repealed July 1, 2023.
125 [(17)] (18) Section 26B-1-432, which creates the Newborn Hearing Screening
126 Committee, is repealed July 1, 2026.
127 [(18)] (19) Section 26B-1-434, regarding the Correctional Postnatal and Early
128 Childhood Advisory Board, is repealed July 1, 2026.
129 [(19)] (20) Section 26B-2-407, related to drinking water quality in child care centers, is
130 repealed July 1, 2027.
131 [(20)] (21) Subsection 26B-3-107(9), which addresses reimbursement for dental
132 hygienists, is repealed July 1, 2028.
133 [(21)] (22) Section 26B-3-136, which creates the Children's Health Care Coverage
134 Program, is repealed July 1, 2025.
135 [(22)] (23) Section 26B-3-137, related to reimbursement for the National Diabetes
136 Prevention Program, is repealed June 30, 2027.
137 (24) Section 26B-3-143 is repealed July 1, 2031.
138 [(23)] (25) Subsection 26B-3-213(2), the language that states "and the Behavioral
139 Health Crisis Response Commission created in Section 63C-18-202" is repealed December 31,
140 2026.
141 [(24)] (26) Sections 26B-3-302 through 26B-3-309, regarding the Drug Utilization
142 Review Board, are repealed July 1, 2027.
143 [(25)] (27) Title 26B, Chapter 3, Part 5, Inpatient Hospital Assessment, is repealed July
144 1, 2024.
145 [(26)] (28) Title 26B, Chapter 3, Part 6, Medicaid Expansion Hospital Assessment, is
146 repealed July 1, 2024.
147 [(27)] (29) Title 26B, Chapter 3, Part 7, Hospital Provider Assessment, is repealed July
148 1, 2028.
149 [(28)] (30) Section 26B-3-910, regarding alternative eligibility, is repealed July 1,
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150 2028.
151 [(29)] (31) Section 26B-4-136, related to the Volunteer Emergency Medical Service
152 Personnel Health Insurance Program, is repealed July 1, 2027.
153 [(30)] (32) Section 26B-4-710, related to rural residency training programs, is repealed
154 July 1, 2025.
155 [(31)] (33) Subsections 26B-5-112(1) and (5), the language that states "In consultation
156 with the Behavioral Health Crisis Response Commission, established in Section 63C-18-202,"
157 is repealed December 31, 2026.
158 [(32)] (34) Section 26B-5-112.5 is repealed December 31, 2026.
159 [(33)] (35) Section 26B-5-114, related to the Behavioral Health Receiving Center
160 Grant Program, is repealed December 31, 2026.
161 [(34)] (36) Section 26B-5-118, related to collaborative care grant programs, is repealed
162 December 31, 2024.
163 [(35)] (37) Section 26B-5-120 is repealed December 31, 2026.
164 [(36)] (38) In relation to the Utah Assertive Community Treatment Act, on July 1,
165 2024:
166 (a) Subsection 26B-5-606(2)(a)(i), the language that states "and" is repealed; and
167 (b) Subsections 26B-5-606(2)(a)(ii), 26B-5-606(2)(b), and 26B-5-606(2)(c) are
168 repealed.
169 [(37)] (39) In relation to the Behavioral Health Crisis Response Commission, on
170 December 31, 2026:
171 (a) Subsection 26B-5-609(1)(a) is repealed;
172 (b) Subsection 26B-5-609(3)(a), the language that states "With recommendations from
173 the commission," is repealed;
174 (c) Subsection 26B-5-610(1)(b) is repealed;
175 (d) Subsection 26B-5-610(2)(b), the language that states "and in consultation with the
176 commission," is repealed; and
177 (e) Subsection 26B-5-610(4), the language that states "In consultation with the
178 commission," is repealed.
179 [(38)] (40) Subsections 26B-5-611(1)(a) and (10), in relation to the Utah Substance
180 Use and Mental Health Advisory Council, are repealed January 1, 2033.
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181 [(39)] (41) Section 26B-5-612, related to integrated behavioral health care grant
182 programs, is repealed December 31, 2025.
183 [(40)] (42) Subsection 26B-7-119(5), related to reports to the Legislature on the
184 outcomes of the Hepatitis C Outreach Pilot Program, is repealed July 1, 2028.
185 [(41)] (43) Section 26B-7-224, related to reports to the Legislature on violent incidents
186 and fatalities involving substance abuse, is repealed December 31, 2027.
187 [(42)] (44) Title 26B, Chapter 8, Part 5, Utah Health Data Authority, is repealed July 1,
188 2024.
189 [(43)] (45) Section 26B-8-513, related to identifying overuse of non-evidence-based
190 health care, is repealed December 31, 2023.
191 Section 4. Section 63I-1-226 (Effective 07/01/24) is amended to read:
192 63I-1-226 (Effective 07/01/24). Repeal dates: Titles 26A through 26B.
193 (1) Subsection 26B-1-204(2)(i), related to the Primary Care Grant Committee, is
194 repealed July 1, 2025.
195 (2) Section 26B-1-315, which creates the Medicaid Expansion Fund, is repealed July 1,
196 2024.
197 (3) Subsection 26B-1-315(4)(a)(v), related to a program or Medicaid waiver created
198 under Section 26B-3-143, is repealed July 1, 2031.
199 [(3)] (4) Section 26B-1-319, which creates the Neuro-Rehabilitation Fund, is repealed
200 January 1, 2025.
201 [(4)] (5) Section 26B-1-320, which creates the Pediatric Neuro-Rehabilitation Fund, is
202 repealed January 1, 2025.
203 [(5)] (6) Subsection 26B-1-324(4), the language that states "the Behavioral Health
204 Crisis Response Commission, as defined in Section 63C-18-202," is repealed December 31,
205 2026.
206 [(6)] (7) Subsection 26B-1-329(6), related to the Behavioral Health Crisis Response
207 Commission, is repealed December 31, 2026.
208 [(7)] (8) Section 26B-1-402, related to the Rare Disease Advisory Council Grant
209 Program, is repealed July 1, 2026.
210 [(8)] (9) Section 26B-1-409, which creates the Utah Digital Health Service
211 Commission, is repealed July 1, 2025.
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212 [(9)] (10) Section 26B-1-410, which creates the Primary Care Grant Committee, is
213 repealed July 1, 2025.
214 [(10)] (11) Section 26B-1-416, which creates the Utah Children's Health Insurance
215 Program Advisory Council, is repealed July 1, 2025.
216 [(11)] (12) Section 26B-1-417, which creates the Brain Injury Advisory Committee, is
217 repealed July 1, 2025.
218 [(12)] (13) Section 26B-1-418, which creates the Neuro-Rehabilitation Fund and
219 Pediatric Neuro-Rehabilitation Fund Advisory Committee, is repealed January 1, 2025.
220 [(13)] (14) Section 26B-1-422, which creates the Early Childhood Utah Advisory
221 Council, is repealed July 1, 2029.
222 [(14)] (15) Section 26B-1-428, which creates the Youth Electronic Cigarette,
223 Marijuana, and Other Drug Prevention Program, is repealed July 1, 2025.
224 [(15)] (16) Section 26B-1-430, which creates the Coordinating Council for Persons
225 with Disabilities, is repealed July 1, 2027.
226 [(16)] (17) Section 26B-1-431, which creates the Forensic Mental Health Coordinating
227 Council, is repealed July 1, 2023.
228 [(17)] (18) Section 26B-1-432, which creates the Newborn Hearing Screening
229 Committee, is repealed July 1, 2026.
230 [(18)] (19) Section 26B-1-434, regarding the Correctional Postnatal and Early
231 Childhood Advisory Board, is repealed July 1, 2026.
232 [(19)] (20) Section 26B-2-407, related to drinking water quality in child care centers, is
233 repealed July 1, 2027.
234 [(20)] (21) Subsection 26B-3-107(9), which addresses reimbursement for dental
235 hygienists, is repealed July 1, 2028.
236 [(21)] (22) Section 26B-3-136, which creates the Children's Health Care Coverage
237 Program, is repealed July 1, 2025.
238 [(22)] (23) Section 26B-3-137, related to reimbursement for the National Diabetes
239 Prevention Program, is repealed June 30, 2027.
240 (24) Section 26B-3-143 is repealed July 1, 2031.
241 [(23)] (25) Subsection 26B-3-213(2), the language that states "and the Behavioral
242 Health Crisis Response Commission created in Section 63C-18-202" is repealed December 31,
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243 2026.
244 [(24)] (26) Sections 26B-3-302 through 26B-3-309, regarding the Drug Utilization
245 Review Board, are repealed July 1, 2027.
246 [(25)] (27) Title 26B, Chapter 3, Part 5, Inpatient Hospital Assessment, is repealed July
247 1, 2024.
248 [(26)] (28) Title 26B, Chapter 3, Part 6, Medicaid Exp