February 25, 2013
Mr. President:
The Health and Human Services Committee reports a favorable recommendation on
S.B. 207, REPEAL OF HEALTH AND HUMAN SERVICES REPORTS AND EXPIRED OR
DISCONTINUED PROGRAMS, by Senator A. Christensen, with the following amendments:
Section
Respectfully,
Evan J. Vickers
Voting: 4-0-1
1. Page
2, Line 35
:
35
26-7-2, as last amended by Laws of Utah 2011, Chapter 192
}
2. Page
2, Line 49
:
49
26-52-202, as last amended by Laws of Utah 2012, Chapters 242 and 402
}
3. Page
2, Line 57
:
57
59-14-204, as last amended by Laws of Utah 2012, Chapter 341
}
4. Page
15, Line 451 through Page 16, Line 488
:
451
Section 7.
Section
26-7-2
is amended to read:
452
26-7-2. Office of Health Disparities Reduction -- Duties.
453
(1) As used in this section:
454
(a) "Multicultural or minority health issue" means a health issue, including a mental
455
and oral health issue, of particular interest to cultural, ethnic, racial, or other subpopulations,
456
including:
457
(i) disparities in:
458
(A) disease incidence, prevalence, morbidity, mortality, treatment, and treatment
459
response; and
460
(B) access to care; and
461
(ii) cultural competency in the delivery of health care.
462
(b) "Office" means the Office of Health Disparities Reduction created in this section.
463
(2) There is created within the department the Office of Health Disparities Reduction.
464
(3) The office shall:
465
(a) promote and coordinate the research, data production, dissemination, education,
466
and health promotion activities of the following that relate to a multicultural or minority health
467
issue:
468
(i) the department;
469
(ii) local health departments;
470
(iii) local mental health authorities;
471
(iv) public schools;
472
(v) community-based organizations; and
473
(vi) other organizations within the state;
474
(b) assist in the development and implementation of one or more programs to address a
475
multicultural or minority health issue;
476
(c) promote the dissemination and use of information on a multicultural or minority
477
health issue by minority populations, health care providers, and others;
478
(d) seek federal funding and other resources to accomplish the office's mission;
479
(e) provide technical assistance to organizations within the state seeking funding to
480
study or address a multicultural or minority health issue;
481
(f) develop and increase the capacity of the office to:
482
(i) ensure the delivery of qualified timely culturally appropriate translation services
483
across department programs; and
484
(ii) provide, when appropriate, linguistically competent translation and communication
485
services for limited English proficiency individuals; and
486
(g) provide staff assistance to any advisory committee created by the department to
487
study a multicultural or minority health issue[; and].
488
[(h) annually report to the Legislature on its activities and accomplishments.]
}
5. Page
36, Line 1100 through Page 38, Line 1165
:
1100
Section 21.
Section
26-52-202
is amended to read:
1101
26-52-202. Autism Treatment Account Advisory Committee -- Membership --
1102
Time limit.
1103
(1) (a) There is created an Autism Treatment Account Advisory Committee
consisting
1104
of six members appointed by the governor to two-year terms of office as follows:
1105
(i) one person holding a doctorate degree who has experience in treating
persons with
1106
an autism spectrum disorder;
1107
(ii) one person who is a board certified behavior analyst;
1108
(iii) one person who is a physician licensed under Title 58, Chapter 67, Utah
Medical
1109
Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, who
has
1110
completed a residency program in pediatrics;
1111
(iv) one person who is employed in the Department of Health; and
1112
(v) two persons from the community who are familiar with autism spectrum
disorders
1113
and their effects, diagnosis, treatment, rehabilitation, and support needs, including:
1114
(A) family members of a person with an autism spectrum disorder;
1115
(B) representatives of an association which advocates for persons with an
autism
1116
spectrum disorder; and
1117
(C) specialists or professionals who work with persons with autism spectrum
disorders.
1118
(b) Notwithstanding the requirements of Subsection (1)(a), the governor shall,
at the
1119
time of appointment or reappointment, adjust the length of terms to ensure that the
terms of
1120
committee members are staggered so that approximately half of the committee is
appointed
1121
every year.
1122
(c) If a vacancy occurs in the committee membership for any reason, a
replacement
1123
may be appointed for the unexpired term.
1124
(2) The department shall provide staff support to the committee.
1125
(3) (a) The committee shall elect a chair from the membership on an annual
basis.
1126
(b) A majority of the committee constitutes a quorum at any meeting, and, if a
quorum
1127
exists, the action of the majority of members present shall be the action of the
committee.
1128
(c) The executive director may remove a committee member:
1129
(i) if the member is unable or unwilling to carry out the member's assigned
1130
responsibilities; or
1131
(ii) for good cause.
1132
(4) The committee may, in accordance with Title 63G, Chapter 3, Utah
Administrative
1133
Rulemaking Act, make rules governing the committee's activities, which rules shall:
1134
(a) comply with the requirements of this title; and
1135
(b) include:
1136
(i) qualification criteria and procedures for selecting children who may qualify
for
1137
assistance from the account;
1138
(ii) qualifications, criteria, and procedures for evaluating the services and
providers to
1139
include in the program, which shall include at least:
1140
(A) applied behavior analysis provided by or supervised by a board certified
behavior
1141
analyst or a licensed psychologist with equivalent university training and supervised
1142
experience;
1143
(B) collaboration with existing telehealth networks to reach children in rural
and
1144
under-served areas of the state; and
1145
(C) methods to engage family members in the treatment process; and
1146
(iii) provisions to address and avoid conflicts of interest that may arise in
relation to the
1147
committee's work.
1148
(5) The committee shall meet as necessary to carry out its duties and shall meet
upon a
1149
call of the committee chair or a call of a majority of the committee members.
1150
(6) The committee shall comply with the procedures and requirements of:
1151
(a) Title 52, Chapter 4, Open and Public Meetings Act; and
1152
(b) Title 63G, Chapter 2, Government Records Access and Management Act.
1153
(7) Committee members shall receive no compensation or per diem allowance
for their
1154
services.
1155
(8) (a) Not later than November 30 of each year, the committee shall provide a
written
1156
report summarizing the activities of the committee to[: (i)] the executive director [of
the
1157
department;].
1158
[(ii) the Legislature's Health and Human Services Interim Committee; and]
1159
[(iii) the Legislature's Social Services Appropriations Subcommittee.]
1160
(b) The report under Subsection (8)(a) shall include:
1161
(i) the number of children diagnosed with autism spectrum disorder who are
receiving
1162
services under this chapter;
1163
(ii) the types of services provided to children under this chapter; and
1164
(iii) results of any evaluations on the effectiveness of treatments and services
provided
1165
under this chapter.
}
6. Page
49, Line 1495 through Page 50, Line 1538
:
1495
1496
59-14-204. Tax basis -- Rate -- Future increase -- Cigarette Tax Restricted
1497
Account -- Appropriation and expenditure of revenues.
1498
(1) Except for cigarettes described under Subsection
59-14-210
(3), there is
levied a tax
1499
upon the sale, use, storage, or distribution of cigarettes in the state.
1500
(2) The rates of the tax levied under Subsection (1) are, beginning on July 1,
2010:
1501
(a) 8.5 cents on each cigarette, for all cigarettes weighing not more than three
pounds
1502
per thousand cigarettes; and
1503
(b) 9.963 cents on each cigarette, for all cigarettes weighing in excess of three
pounds
1504
per thousand cigarettes.
1505
(3) Except as otherwise provided under this chapter, the tax levied under
Subsection
1506
(1) shall be paid by any person who is the manufacturer, jobber, importer,
distributor,
1507
wholesaler, retailer, user, or consumer.
1508
(4) The tax rates specified in this section shall be increased by the commission
by the
1509
same amount as any future reduction in the federal excise tax on cigarettes.
1510
(5) (a) There is created within the General Fund a restricted account known as
the
1511
"Cigarette Tax Restricted Account."
1512
(b) The Cigarette Tax Restricted Account consists of:
1513
(i) the first $7,950,000 of the revenues collected from a tax under this section;
and
1514
(ii) any other appropriations the Legislature makes to the Cigarette Tax
Restricted
1515
Account.
1516
(c) For each fiscal year beginning with fiscal year 2011-12 and subject to
appropriation
1517
by the Legislature, the Division of Finance shall distribute money from the Cigarette
Tax
1518
Restricted Account as follows:
1519
(i) $250,000 to the Department of Health to be expended for a tobacco
prevention and
1520
control media campaign targeted towards children;
1521
(ii) $2,900,000 to the Department of Health to be expended for tobacco
prevention,
1522
reduction, cessation, and control programs;
1523
(iii) $2,000,000 to the University of Utah Health Sciences Center for the
Huntsman
1524
Cancer Institute to be expended for cancer research; and
1525
(iv) $2,800,000 to the University of Utah Health Sciences Center to be expended
for
1526
medical education at the University of Utah School of Medicine.
1527
(d) In determining how to appropriate revenue deposited into the Cigarette
Tax
1528
Restricted Account that is not otherwise appropriated under Subsection (5)(c), the
Legislature
1529
shall give particular consideration to enhancing Medicaid provider reimbursement
rates and
1530
medical coverage for the uninsured.
1531
[(e) Any program or entity that receives funding under Subsection (5)(c) shall
provide
1532
an annual report to the Health and Human Services Interim Committee no later
that September
1533
1 of each year. The report shall include:]
1534
[(i) the amount funded;]
1535
[(ii) the amount expended;]
1536
[(iii) a description of the effectiveness of the program; and]
1537
[(iv) if the program is a tobacco cessation program, the report required in
1538
51-9-203
.]
}
Committee Chair
3 SB0207.SC1.wpd markandrews/MDA CJD/MDA 2/25/13 8:37 am
Bill Number