26-18-402.   Medicaid Restricted Account.
     (1) There is created a restricted account in the General Fund known as the Medicaid Restricted Account.
     (2) (a) Except as provided in Subsection (3), the following shall be deposited into the Medicaid Restricted Account:
     (i) any general funds appropriated to the department for the state plan for medical assistance or for the Division of Health Care Financing that are not expended by the department in the fiscal year for which the general funds were appropriated and which are not otherwise designated as nonlapsing shall lapse into the Medicaid Restricted Account; and
     (ii) any penalties imposed and collected under:
     (A) Section 17B-2a-818.5;
     (B) Section 19-1-206;
     (C) Section 79-2-404;
     (D) Section 63A-5-205;
     (E) Section 63C-9-403; or
     (F) Section 72-6-107.5.
     (b) The account shall earn interest and all interest earned shall be deposited into the account.
     (c) The Legislature may appropriate monies in the restricted account to fund programs that expand medical assistance coverage and private health insurance plans to low income persons who have not traditionally been served by Medicaid, including the Utah Children's Health Insurance Program created in Chapter 40.
     (3) For fiscal years 2008-09, 2009-10, and 2010-11, any general funds appropriated to the department for the state plan for medical assistance, or for the Division of Health Care Financing that are not expended by the department in the fiscal year in which the general funds were appropriated are nonlapsing.

Amended by Chapter 13, 2009 General Session
Amended by Chapter 199, 2009 General Session
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Last revised: Thursday, May 28, 2009