LEGISLATIVE GENERAL COUNSEL S.B. 181
6 Approved for Filing: C. Williams 6 1st Sub. (Green)
6 02-08-24 1:32 PM 6
Senator Luz Escamilla proposes the following substitute bill:
1 NATIVE AMERICAN HEALTH AMENDMENTS
2 2024 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Luz Escamilla
5 House Sponsor: Christine F. Watkins
6
7 LONG TITLE
8 General Description:
9 This bill requires the Department of Health and Human Service to apply for a Medicaid
10 waiver related to traditional healing services.
11 Highlighted Provisions:
12 This bill:
13 < defines terms; and
14 < requires the department to apply for a Medicaid waiver to reimburse traditional
15 healing services under certain circumstances.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected: 1st Sub. S.B. 181
21 ENACTS:
22 26B-3-230, Utah Code Annotated 1953
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 26B-3-230 is enacted to read:
*SB0181S01*
 1st Sub. (Green) S.B. 181 02-08-24 1:32 PM
26 26B-3-230. Traditional healing services waiver.
27 (1) As used in this section:
28 (a) "Eligible facility" means any of the following that has obtained an acknowledgment
29 from a American Indian or Alaskan Native tribe to designate an individual as a traditional
30 healing provider in accordance with the tribe's traditional healing practices:
31 (i) an Indian Health Service facility;
32 (ii) a tribal health program designated under the Indian Self-Determination and
33 Education Assistance Act, Pub. L. No. 93-638;
34 (iii) an urban Indian organization as that term is defined in 25 U.S.C. Sec. 1603; or
35 (iv) a facility operated by a person that contracts with an organization described in
36 Subsection (1)(a)(iii).
37 (b) "Traditional healing provider" means an individual who is recognized by an eligible
38 facility to provide a traditional healing service.
39 (c) "Traditional healing services" means a system of culturally appropriate healing
40 methods for physical, mental, and emotional healing.
41 (2) On or before January 1, 2025, the department shall apply for a Medicaid waiver to
42 reimburse for traditional healing services provided by an eligible facility to an enrollee who is
43 an Indian Health Service or tribal beneficiary.
44 (3) A service under this section may not be reimbursed if:
45 (a) the traditional healing provider is restricted from providing the service;
46 (b) the service is contraindicated by a medical provider due to the potential to cause
47 harm; or
48 (c) the service is not part of the patient's plan of care.
49 (4) The department may further define and limit services described in this section.
50 Section 2. Effective date.
51 This bill takes effect on May 1, 2024.
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