H.B. 306

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CHOICE OF PROVIDERS IN HUMAN SERVICES
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: J. Brent Haymond
5 AN ACT RELATING TO HUMAN SERVICES; REQUIRING SERVICES AND SUPPORTS
6 TO THE AGED AND PERSONS WITH A DISABILITY THROUGH THE USE OF
7 VOUCHERS; AND REQUIRING THE DIVISION OF HEALTH CARE FINANCING TO
8 SUBMIT A DEMONSTRATION PROJECT.
9 This act enacts uncodified material.
10 Be it enacted by the Legislature of the state of Utah:
11 Section 1. Use of vouchers for services and supports.
12 (1) As used in this section:
13 (a) "Approved provider" means a person, partnership, or corporation that has been
14 approved by a service providing agency to provide services to eligible persons.
15 (b) "Directors" means the directors of service providing agencies.
16 (c) "Eligible person" means a person who is eligible for services and supports:
17 (i) under Tile 62A, Chapter 5, Services to People with Disabilities;
18 (ii) for intermediate care facilities for the mentally retarded financed by the Division of
19 Health Care Financing under the Medicaid program; and
20 (iii) for home and community-based services to aged persons under Title 62A, Chapter 3,
21 Aging and Adult Services;
22 (d) "Service providing agency" or "service providing agencies" means an agency that
23 provides services and supports to an eligible person, including:
24 (i) the Division of Health Care Financing within the Department of Health;
25 (ii) the Division of Services to People with Disabilities within the Department of Human
26 Services; and
27 (iii) the Division of Aging and Adult Services within the Department of Human Services;

1 and
2 (e) "Voucher" means a document that:
3 (i) is issued by a service providing agency to an eligible person, his parent, or his guardian;
4 (ii) describes the services and supports that may be received in exchange for the voucher;
5 (iii) lists approved providers with whom the voucher may be redeemed in exchange for
6 services;
7 (iv) may be used by an eligible person, his parent, or his guardian to purchase services and
8 supports from an approved provider;
9 (v) includes a maximum dollar value;
10 (vi) states the period of time within which the voucher shall be used by the eligible person,
11 his parent, or his guardian to purchase services and supports from an approved provider; and
12 (vii) is redeemable by an approved provider for cash payment from a service providing
13 agency up to the dollar value of the voucher.
14 (2) (a) To promote individual choice, the allocation of resources through market forces,
15 and the diversification of service and support options, beginning on July 1, 1998, an eligible
16 person shall receive services and supports through the use of vouchers issued by a service
17 providing agency, except as provided in Subsection (2)(b).
18 (b) The requirement of Subsection (2)(a) does not apply to:
19 (i) services funded directly by the federal Older Americans Act and provided by local area
20 agencies on aging;
21 (ii) protective services provided by the Division of Aging and Adult Services within the
22 Department of Human Services under Title 62A, Chapter 3, Part 3, Abuse, Neglect, or Exploitation
23 of Disabled Adult;
24 (iii) the determination of whether a person is eligible to receive services and supports from
25 a service providing agency;
26 (iv) the determination of the scope, amount, and duration of services and supports to be
27 provided by a service providing agency through vouchers; and
28 (v) service coordination or case management services provided to an eligible person by
29 a service providing agency, unless the eligible person chooses not to receive such services.
30 (3) Before September 1, 1997, the Director of the Division of Health Care Financing shall
31 submit to the Secretary of the United States Department of Health and Human Services a proposal

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1 under Section 1115 of the Social Security Act to demonstrate the use of Medicaid funds consistent
2 with this section and shall include a statement that the state desires to begin operating this
3 demonstration project on July 1, 1998.
4 (4) Service providing agencies shall periodically report on the implementation of this
5 section to the appropriate committees of the Legislature, including recommendations for
6 legislation to be submitted to the 1998 General Session of the Legislature.




Legislative Review Note
as of 2-4-97 10:17 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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