S.B. 195

1

UTAH CHARITY CARE COMMISSION
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: J. Stuart Adams
5 House Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill amends the State Commissions and Councils Code to create a Utah Charity
10 Care Commission.
11 Highlighted Provisions:
12 This bill:
13 . establishes the Utah Charity Care Commission as an advisory commission;
14 . creates the membership of the commission;
15 . establishes the duties of the commission;
16 . provides staffing for the commission;
17 . makes technical amendments; and
18 . sunsets the commission on December 1, 2017.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 63I-1-263 (Effective 05/01/13), as last amended by Laws of Utah 2012, Chapters 126,
26 206, 347, 369, and 395
27 ENACTS:

28 63C-14-101, Utah Code Annotated 1953
29 63C-14-102, Utah Code Annotated 1953
30 63C-14-103, Utah Code Annotated 1953
31 63C-14-104, Utah Code Annotated 1953
32
33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 63C-14-101 is enacted to read:
35 CHAPTER 14. UTAH CHARITY CARE COMMISSION ACT
36 63C-14-101. Title.
37 This chapter is known as the "Utah Charity Care Commission Act."
38 Section 2. Section 63C-14-102 is enacted to read:
39 63C-14-102. Utah Charity Care Commission -- Members -- Terms.
40 (1) There is created a state advisory commission to be known as the Utah Charity Care
41 Commission.
42 (2) (a) The Utah Charity Care Commission shall be composed of 15 members as
43 follows:
44 (i) two members shall be appointed by the speaker of the House of Representatives
45 from the House of Representatives, not more than one of whom may be from the same political
46 party;
47 (ii) two members shall be appointed by the president of the Senate from the Senate, not
48 more than one of whom may be from the same political party;
49 (iii) nine members shall be appointed by the governor, not more than six of whom may
50 be from the same political party;
51 (iv) one representative from the Department of Health, appointed by the executive
52 director of the Department of Health; and
53 (v) one representative of the Department of Workforce Services, appointed by the
54 executive director of the Department of Workforce Services.
55 (b) The nine members appointed under Subsection (2)(a)(iii) shall be selected with
56 consideration given to charity care practitioners, medical supply and product companies who
57 provide charitable care, medical professionals, administrative and logistical experts in the
58 health industry, community leaders, and representatives of varying geographic areas of the

59 state.
60 (3) The governor shall appoint a chairperson and the commission shall select other
61 officers as needed.
62 (4) (a) If one of the members appointed by the speaker of the House of Representatives
63 resigns, is unable to serve, or ceases to be a member of the House of Representatives, a
64 vacancy occurs and it shall be filled by an appointment by the speaker of the House of
65 Representatives.
66 (b) If one of the members appointed by the president of the Senate resigns, is unable to
67 serve, or ceases to be a member of the Senate, a vacancy occurs and it shall be filled by an
68 appointment by the president of the Senate.
69 (c) If one of the members appointed by the governor resigns or is unable to serve, the
70 vacancy shall be filled by an appointment by the governor.
71 Section 3. Section 63C-14-103 is enacted to read:
72 63C-14-103. Duties of commission.
73 (1) The commission shall:
74 (a) identify medically under-served and needy populations and geographic areas of the
75 state;
76 (b) identify barriers in the current health care delivery and payment models to
77 promoting a comprehensive private partner charity care system for the state;
78 (c) identify medical malpractice laws that create barriers to a comprehensive charity
79 care system;
80 (d) identify current resources available for medical care for medically under-served
81 populations and medically underserved geographic areas in the state;
82 (e) prepare proposals to establish:
83 (i) wellness education;
84 (ii) personal responsibility for health care; and
85 (iii) a coordinated, statewide, private sector approach to universal, basic health care for
86 Utah's medically under-served populations and geographic areas using private partners to affect
87 cost savings and market efficiencies; and
88 (f) report to the Legislature's Health System Reform Task Force by November 1 of
89 each year.

90 (2) The commission may prepare, publish, and distribute, from time to time, reports of
91 its studies and recommendations.
92 (3) The commission may hold public hearings it considers advisable and in various
93 locations within the state so that all interested persons who are citizens of this state may be
94 afforded an opportunity to appear and present their views in respect to any subject relating to
95 the work of the commission.
96 Section 4. Section 63C-14-104 is enacted to read:
97 63C-14-104. Staff and expenses.
98 (1) A member may not receive compensation or benefits for the member's service, but
99 may receive per diem and travel expenses in accordance with:
100 (a) Section 63A-3-106 ;
101 (b) Section 63A-3-107 ; and
102 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
103 63A-3-107 .
104 (2) The commission shall use the Department of Health as staff and may use the
105 services of the staff of other state agencies as it considers desirable or necessary.
106 (3) The commission sunsets in accordance with Section 63I-1-263 .
107 Section 5. Section 63I-1-263 (Effective 05/01/13) is amended to read:
108 63I-1-263 (Effective 05/01/13). Repeal dates, Titles 63A to 63M.
109 (1) Section 63A-4-204 , authorizing the Risk Management Fund to provide coverage to
110 any public school district which chooses to participate, is repealed July 1, 2016.
111 (2) Section 63A-5-603 , State Facility Energy Efficiency Fund, is repealed July 1, 2016.
112 (3) Section 63C-8-106 , rural residency training program, is repealed July 1, 2015.
113 (4) Title 63C, Chapter 13, Prison Relocation and Development Authority Act, is
114 repealed July 1, 2014.
115 (5) Subsection 63G-6a-1402 (7) authorizing certain transportation agencies to award a
116 contract for a design-build transportation project in certain circumstances, is repealed July 1,
117 2015.
118 (6) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1,
119 2020.
120 (7) The Resource Development Coordinating Committee, created in Section

121 63J-4-501 , is repealed July 1, 2015.
122 (8) Title 63M, Chapter 1, Part 4, Enterprise Zone Act, is repealed July 1, 2018.
123 (9) (a) Title 63M, Chapter 1, Part 11, Recycling Market Development Zone Act, is
124 repealed January 1, 2021.
125 (b) Subject to Subsection (9)(c), Sections 59-7-610 and 59-10-1007 regarding tax
126 credits for certain persons in recycling market development zones, are repealed for taxable
127 years beginning on or after January 1, 2021.
128 (c) A person may not claim a tax credit under Section 59-7-610 or 59-10-1007 :
129 (i) for the purchase price of machinery or equipment described in Section 59-7-610 or
130 59-10-1007 , if the machinery or equipment is purchased on or after January 1, 2021; or
131 (ii) for an expenditure described in Subsection 59-7-610 (1)(b) or 59-10-1007 (1)(b), if
132 the expenditure is made on or after January 1, 2021.
133 (d) Notwithstanding Subsections (9)(b) and (c), a person may carry forward a tax credit
134 in accordance with Section 59-7-610 or 59-10-1007 if:
135 (i) the person is entitled to a tax credit under Section 59-7-610 or 59-10-1007 ; and
136 (ii) (A) for the purchase price of machinery or equipment described in Section
137 59-7-610 or 59-10-1007 , the machinery or equipment is purchased on or before December 31,
138 2020; or
139 (B) for an expenditure described in Subsection 59-7-610 (1)(b) or 59-10-1007 (1)(b), the
140 expenditure is made on or before December 31, 2020.
141 (10) (a) Section 63M-1-2507 , Health Care Compact is repealed on July 1, 2014.
142 (b) (i) The Legislature shall, before reauthorizing the Health Care Compact[: (A)
143 direct the Health System Reform Task Force to evaluate the issues listed in Subsection
144 (10)(b)(ii), and by January 1, 2013 develop and recommend criteria for the Legislature to use to
145 negotiate the terms of the Health Care Compact; and (B)] and prior to July 1, 2014, seek
146 amendments to the Health Care Compact among the member states that the Legislature
147 determines are appropriate after considering the recommendations of the Health System
148 Reform Task Force.
149 (ii) The Health System Reform Task Force shall evaluate and develop criteria for the
150 Legislature regarding:
151 [(A) the impact of the Supreme Court ruling on the Affordable Care Act;]

152 [(B) whether Utah is likely to be required to implement any part of the Affordable Care
153 Act prior to negotiating the compact with the federal government, such as Medicaid expansion
154 in 2014;]
155 [(C)] (A) whether the compact's current funding formula, based on adjusted 2010 state
156 expenditures, is the best formula for Utah and other state compact members to use for
157 establishing the block grants from the federal government;
158 [(D)] (B) whether the compact's calculation of current year inflation adjustment factor,
159 without consideration of the regional medical inflation rate in the current year, is adequate to
160 protect the state from increased costs associated with administering a state based Medicaid and
161 a state based Medicare program;
162 [(E)] (C) whether the state has the flexibility it needs under the compact to implement
163 and fund state based initiatives, or whether the compact requires uniformity across member
164 states that does not benefit Utah;
165 [(F)] (D) whether the state has the option under the compact to refuse to take over the
166 federal Medicare program;
167 [(G) whether a state based Medicare program would provide better benefits to the
168 elderly and disabled citizens of the state than a federally run Medicare program;]
169 [(H) whether the state has the infrastructure necessary to implement and administer a
170 better state based Medicare program;]
171 [(I)] (E) whether the compact appropriately delegates policy decisions between the
172 legislative and executive branches of government regarding the development and
173 implementation of the compact with other states and the federal government; and
174 [(J)] (F) the impact on public health activities, including communicable disease
175 surveillance and epidemiology.
176 (11) The Crime Victim Reparations and Assistance Board, created in Section
177 63M-7-504 , is repealed July 1, 2017.
178 (12) Title 63M, Chapter 9, Families, Agencies, and Communities Together for
179 Children and Youth At Risk Act, is repealed July 1, 2016.
180 (13) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1, 2017.
181 (14) Title 63C, Chapter 14, "Utah Charity Care Commission Act" is repealed
182 December 1, 2017.

Legislative Review Note
as of 2-13-13 10:37 AM

Office of Legislative Research and General Counsel

[Bill Documents]