First Substitute S.B. 44

Senator Luz Robles proposes the following substitute bill:

1 HEALTH AMENDMENTS FOR LEGAL
2 IMMIGRANT CHILDREN
3 2010 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Luz Robles
6 House Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill amends the Medical Assistance Act and the Utah Children's Health Insurance
11 Act to provide Medicaid coverage and health insurance coverage to a legal immigrant
12 child, regardless of the length of time that the child has been in the United States.
13 Highlighted Provisions:
14 This bill:
15 . exercises the option to remove the five-year residency requirement for a legal
16 immigrant child to be eligible for coverage under Medicaid or the Utah Children's
17 Health Insurance Program;
18 . directs the Department of Health to amend the state Medicaid plan and the Utah
19 Children's Health Insurance Program to provide coverage to an eligible legal
20 immigrant child, regardless of the length of time that the child has been in the
21 United States; and
22 . provides that $468,600 is annually appropriated from the Cigarette Tax Restricted
23 Account to the Department of Health to provide the Medicaid and children's health
24 insurance coverage described above.
25 Monies Appropriated in this Bill:

26 None
27 Other Special Clauses:
28 This bill takes effect on July 1, 2010.
29 Utah Code Sections Affected:
30 AMENDS:
31 59-14-204, as last amended by Laws of Utah 2008, Chapter 382
32 ENACTS:
33 26-18-3.3, Utah Code Annotated 1953
34 26-40-115, Utah Code Annotated 1953
35
36 Be it enacted by the Legislature of the state of Utah:
37 Section 1. Section 26-18-3.3 is enacted to read:
38 26-18-3.3. Coverage for legal immigrant children.
39 In accordance with the provisions of the federal Children's Health Insurance Program
40 Reauthorization Act of 2009, Pub. L. No. 111-3, and all other applicable requirements of
41 federal law and rule, the department shall amend the state Medicaid plan to provide coverage
42 under the Medicaid program to a client who is:
43 (1) an eligible child; and
44 (2) a legal immigrant to the United States, regardless of the length of time that the
45 person described in Subsection (1) has been in the United States.
46 Section 2. Section 26-40-115 is enacted to read:
47 26-40-115. Coverage for legal immigrant pregnant women and children.
48 In accordance with the provisions of the federal Children's Health Insurance Program
49 Reauthorization Act of 2009, Pub. L. No. 111-3, and all other applicable requirements of
50 federal law and rule, the department shall provide coverage under the program to a person who
51 is:
52 (1) an eligible child; and
53 (2) a legal immigrant to the United States, regardless of the length of time that the
54 person described in Subsection (1) has been in the United States.
55 Section 3. Section 59-14-204 is amended to read:
56 59-14-204. Tax basis -- Rate -- Future increase -- Restricted account -- Use of

57 revenues.
58 (1) Except for cigarettes described under Subsection 59-14-210 (3), there is levied a tax
59 upon the sale, use, storage, or distribution of cigarettes in the state.
60 (2) The rates of the tax levied under Subsection (1) are:
61 (a) 3.475 cents on each cigarette, for all cigarettes weighing not more than three
62 pounds per thousand cigarettes; and
63 (b) 4.075 cents on each cigarette, for all cigarettes weighing in excess of three pounds
64 per thousand cigarettes.
65 (3) Except as otherwise provided under this chapter, the tax levied under Subsection
66 (1) shall be paid by any person who is the manufacturer, jobber, importer, distributor,
67 wholesaler, retailer, user, or consumer.
68 (4) The tax rates specified in this section shall be increased by the commission by the
69 same amount as any future reduction in the federal excise tax on cigarettes.
70 (5) (a) There is created within the General Fund a restricted account known as the
71 "Cigarette Tax Restricted Account."
72 (b) Beginning on July 1, 1998, $250,000 of the revenues generated by the increase in
73 the cigarette tax under this section enacted during the 1997 Annual General Session shall be
74 annually deposited into the account.
75 (c) The Department of Health shall expend the funds deposited in the account under
76 Subsection (5)(b) for a tobacco prevention and control media campaign targeted towards
77 children.
78 (d) The following revenue generated from the tax increase imposed under Subsection
79 (1) during the 2002 General Session shall be deposited in the Cigarette Tax Restricted
80 Account:
81 (i) 22% of the revenue to be annually appropriated to the Department of Health for
82 tobacco prevention, reduction, cessation, and control programs;
83 (ii) 15% of the revenue to be annually appropriated to the University of Utah Health
84 Sciences Center for the Huntsman Cancer Institute for cancer research; [and]
85 (iii) 21% of the revenue to be annually appropriated to the University of Utah Health
86 Sciences Center for medical education at the University of Utah School of Medicine[.]; and
87 (iv) subject to Subsection (6), $468,600 to be annually appropriated to the Department

88 of Health to provide coverage under Sections 26-18-3.3 and 26-40-115 .
89 (e) Any balance remaining in the Cigarette Tax Restricted Account at the end of the
90 fiscal year shall be appropriated during the next fiscal year for the purposes [set forth]
91 described in Subsections (5)(d)(i) through (5)(d)(iii) in proportion to the amount of revenue
92 deposited into the account for each purpose.
93 (f) The Legislature shall give particular consideration to appropriating any revenues
94 resulting from the change in tax rates under Subsection (2) adopted during the 2002 Annual
95 General Session and not otherwise appropriated pursuant to Subsection (5)(d) to enhance
96 Medicaid provider reimbursement rates and medical coverage for the uninsured.
97 (g) Any program or entity that receives funding under Subsection (5)(d) shall provide
98 an annual report to the Health and Human Services Interim Committee no later that September
99 1 of each year. The report shall include:
100 (i) the amount funded;
101 (ii) the amount expended;
102 (iii) a description of the effectiveness of the program; and
103 (iv) if the program is a tobacco cessation program, the report required in Section
104 51-9-203 .
105 (6) The portion of the amount described in Subsection (5)(d)(iv) that is not used for the
106 purpose described in Subsection (5)(d)(iv) shall, at the end of the fiscal year, be appropriated
107 during the next fiscal year for the purposes described in Subsections (5)(d)(i) through (5)(d)(iii)
108 in proportion to the amount of revenue deposited into the account for each purpose.
109 Section 4. Effective date.
110 This bill takes effect on July 1, 2010.