H.B. 131

This document includes House Committee Amendments incorporated into the bill on Wed, Feb 6, 2008 at 2:27 PM by ddonat. --> 1

COMMUNITY BASED SELF SUFFICIENCY
2 GRANTS
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Jennifer M. Seelig
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill amends the Access to Health Care part of the Medical Assistance Act in the
11 Health Code.
12 Highlighted Provisions:
13 This bill:
14 . establishes a grant program for community based services for low income
15 individuals and individuals who are underserved in health care to assist them with
16 prudent and appropriate use of health care resources;
17 . establishes the purposes of the grants;
18 . amends definitions; and
19 . establishes the criteria for awarding the grants.
20 Monies Appropriated in this Bill:
21 This bill appropriates:
22 . as an ongoing appropriation, H. [ $750,000 ] $401,500 .H from the General Fund for
22a fiscal year
23 2008-09 to fund the community based grant program.
24 Other Special Clauses:
25 None
26 Utah Code Sections Affected:
27 AMENDS:

28 26-18-301, as enacted by Laws of Utah 1993, Chapter 255
29 26-18-302, as enacted by Laws of Utah 1993, Chapter 255
30 26-18-304, as enacted by Laws of Utah 1993, Chapter 255
31
32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 26-18-301 is amended to read:
34 26-18-301. Definitions.
35 As used in this part:
36 (1) "Community based organization":
37 (a) means a public or private entity; and
38 (b) includes for profit and not for profit entities.
39 (2) "Cultural competence" means a set of congruent behaviors, attitudes, and policies
40 that come together in a system, agency, or profession and enables that system, agency, or
41 profession to work effectively in cross-cultural situations.
42 (3) "Health literacy" means the degree to which an individual has the capacity to
43 obtain, process, and understand health information and services needed to make appropriate
44 health decisions.
45 (4) " Institutional capacity" means the ability of a community based organization to
46 write and implement public and private grants and contracts.
47 [(1)] (5) "Medically underserved population" means the population of an urban or rural
48 area or a population group designated by the department as having a shortage of primary health
49 care services.
50 [(2)] (6) "Primary health care" means:
51 (a) basic and general health care services given when a person seeks assistance to
52 screen for or to prevent illness and disease, or for simple and common illnesses and injuries;
53 and
54 (b) care given for the management of chronic diseases.
55 [(3)] (7) "Primary health care services" include, but are not limited to:
56 (a) services of physicians, [all] nurses, physician's assistants, and dentists licensed to
57 practice in this state under Title 58, Occupations and Professions;
58 (b) diagnostic and radiologic services;

59 (c) preventive health services including, but not limited to, perinatal services,
60 well-child services, and other services that seek to prevent disease or its consequences;
61 (d) emergency medical services;
62 (e) preventive dental services; and
63 (f) pharmaceutical services.
64 Section 2. Section 26-18-302 is amended to read:
65 26-18-302. Department to award grants -- Applications.
66 (1) Within appropriations specified by the Legislature for this purpose, the department
67 may make grants:
68 (a) to public and nonprofit entities for the cost of operation of providing primary health
69 care services to medically underserved populations[.]; and
70 (b) to community based organizations for the purpose of developing culturally and
71 linguistically appropriate programs to educate low-income and medically underserved
72 populations to accomplish one or more of the following:
73 (i) to use public and private health care coverage programs, products, services, and
74 resources in a timely, effective, and responsible manner;
75 (ii) to make prudent use of public and private health care resources;
76 (iii) to pursue preventive health care, health screenings, and disease management;
77 (iv) to locate health care programs and services;
78 (v) to develop:
79 (A) personal health management;
80 (B) self-sufficiency in daily care; and
81 (C) life and disease management skills;
82 (vi) to support translation of health materials and information; H. [ and ] .H
83 (vii) to facilitate the person's access to primary care services and providers, including
84 mental health services H. ; and
84a (viii) to measure and report empirical results of its efforts to satisfy the requirements of
84b the grant .H .
85 (2) (a) Grants by the department shall be awarded based on:
86 (i) applications submitted to the department in the manner and form prescribed by the
87 department; and [by]
88 (ii) the criteria established in Section 26-18-303 .
89 (b) The application shall contain:

90 (i) a requested award amount[,];
91 (ii) a budget[,]; and
92 (iii) a narrative plan of the manner in which the applicant intends to provide:
93 (A) the primary health care services described in [this chapter.] Subsection
94 26-18-301 (7), if the grant is a primary health care grant under Subsection (1)(a); or
95 (B) the community based programs described in Subsection (1)(b), if the grant is a
96 community based grant under Subsection (1)(b).
97 (3) [Applicants] (a) An applicant under this chapter must demonstrate to the
98 department that [they will operate in a manner such that no person shall be denied service by
99 reason of his inability to pay. This] the applicant will not deny services to a person because of
100 the person's inability to pay for the services.
101 (b) Subsection (3)(a) does not preclude [the] an applicant from seeking payment from
102 the [patient] person receiving services, a third party, or a government agency [that is authorized
103 or that] if:
104 (i) the applicant is authorized to charge for the services; and
105 (ii) the person, third party, or government agency is under legal obligation to pay
106 [such] the charges.
107 Section 3. Section 26-18-304 is amended to read:
108 26-18-304. Process and criteria for awarding grants.
109 (1) The department shall establish rules in accordance with Title 63, Chapter 46a, Utah
110 Administrative Rulemaking Act, governing the application form, process, and criteria it will
111 use in awarding grants under this chapter. [In awarding grants,]
112 (2) When awarding a primary care grant under Subsection 26-18-302 (1)(a), the
113 department shall consider the extent to which the applicant:
114 [(1)] (a) demonstrates that the area or a population group to be served under the
115 application has a shortage of primary health care and that the services will be located so that
116 they will provide assistance to the greatest number of persons residing in [such] the area or
117 included in [such] the population group;
118 [(2)] (b) utilizes other sources of funding, including private funding, to provide primary
119 health care;
120 [(3)] (c) demonstrates the ability and expertise to serve traditionally medically

121 underserved populations including persons of limited English-speaking ability, single heads of
122 households, the elderly, persons with low incomes, and persons with chronic diseases;
123 [(4)] (d) demonstrates that it will assume financial risk for a specified number of
124 medically underserved persons within its catchment area for a predetermined level of care on a
125 prepaid capitation basis; and
126 [(5)] (e) meets other criteria determined by the department.
127 (3) When awarding a community based grant under Subsection 26-18-302 (1)(b), the
128 department shall:
129 (a) consider the extent to which the applicant:
130 (i) demonstrates that the area or a population group to be served under the application
131 is a medically underserved area or population and that the services will be located so that they
132 will provide assistance to the greatest number of persons residing in the area or included in the
133 population group;
134 (ii) utilizes other sources of funding, including private funding, to provide the services
135 described in Subsection 26-18-302 (1)(b);
136 (iii) demonstrates the ability and expertise to serve traditionally medically underserved
137 populations including persons of limited English-speaking ability, single heads of households,
138 the elderly, persons with low incomes, and persons with chronic diseases; H. [ and ] .H
139 (iv) meets other criteria determined by the department; and
139a H. (v) demonstrates the ability to empirically measure and report the results of all
139b grant supported activities; .H
140 (b) consult with the state's:
141 (i) Medicaid program;
142 (ii) Children's Health Insurance Program; and
143 (iii) other assistance programs within the Department of Workforce Services and the
144 Department of Human Services H. ; and
144a (c) award the money appropriated for the grants in nine different grants as follows:
144b (i) four grants in the amount of $50,000 each to be awarded to experienced and
144c established grant applicants; and
144d (ii) five grants in the amount of $30,000 each to be awarded to grant applicants that:
144e (A) are not as established or experienced as the applicants under
144f Subsection (3)(c)(i); or
144g (B) represent smaller community based approaches than the applicants described in
144h Subsection (3)(c)(i) .H .

145 (4) Once a grant has been awarded under Subsection (3), the department shall provide
146 technical assistance to the grantee to familiarize the grantee with public and private resources
147 available to support wellness, health promotion, and disease management.
148 Section 4. Appropriation.
149 As an ongoing appropriation subject to future budget constraints, there is appropriated
150 from the General Fund for fiscal year 2008-09, H. [ $750,000 ] $401,500 .H to the Department of
150a Health to fund
151 the community based grant program authorize by Chapter 18, Part 3, Access to Health Care.

Legislative Review Note
as of 12-21-07 7:01 AM

Office of Legislative Research and General Counsel