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H.B. 372 Enrolled

                 

PORTABILITY OF FUNDING FOR HEALTH

                 
AND HUMAN SERVICES

                 
1998 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: Dave Hogue

                  AN ACT RELATING TO HEALTH AND HUMAN SERVICES; REQUIRING THE
                  DEPARTMENT OF HUMAN SERVICES AND THE DIVISION OF HEALTH CARE
                  FINANCING TO REPORT ON THE PORTABILITY OF HEALTH AND HUMAN
                  SERVICES FUNDING; REQUIRING THE DIVISION OF SERVICES FOR PEOPLE WITH
                  DISABILITIES AND THE DIVISION OF HEALTH CARE FINANCING TO CONDUCT A
                  STUDY TO IDENTIFY ALTERNATIVES FOR INCREASING THE PORTABILITY OF
                  STATE AND FEDERAL FUNDING TO PERSONS WITH DISABILITIES; AND
                  PROVIDING REPORTING REQUIREMENTS.
                  This act enacts uncodified material.
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. General Portability Report.
                      (1) No later than the November 1998 meeting of the Health and Human Services Interim
                  Committee, the Department of Human Services and the Division of Health Care Financing within
                  the Department of Health shall report to the committee on the portability of state and federal
                  funding to persons wishing to move:
                      (a) from services provided by the Division of Health Care Financing to services provided
                  by the Department of Human Services; and
                      (b) from services provided by the Department of Human Services to services provided by
                  the Division of Health Care Financing.
                      (2) The report shall highlight regulatory, structural, and fiscal impediments to portability.
                      (3) The Department of Human Services and the Division of Health Care Financing shall
                  provide to the committee prior to the 2000 Annual General Session of the Legislature a more
                  detailed report with recommendations for increasing portability.
                      Section 2. Portability study for persons with a disability.


                      (1) As used in this act:
                      (a) "Disability" has the same meaning as provided in Title 62A, Chapter 5, Services to
                  People With Disabilities.
                      (b) "Persons in intermediate care facilities" means:
                      (i) persons in intermediate care facilities for the mentally retarded; and
                      (ii) persons with a disability in nursing facilities who if they were to receive home and
                  community-based services would receive services under the Division of Services for People with
                  Disabilities within the Department of Human Services.
                      (2) Following the 1998 Annual General Session of the Legislature, the Division of Services
                  for People With Disabilities within the Department of Human Services, and the Division of Health
                  Care Financing within the Department of Health shall conduct a study to identify alternatives for
                  increasing the portability of state and federal funding for services to persons with disabilities. The
                  study shall:
                      (a) be limited to increasing the portability of funds to:
                      (i) persons in intermediate care facilities who wish to receive home and community-based
                  services; and
                      (ii) persons with a disability receiving home and community-based services under the
                  Division of Services for People with Disabilities who wish to move to intermediate care facilities
                  for the mentally retarded or nursing facilities;
                      (b) identify federal barriers to portability of funds, including federal Medicaid laws and
                  regulations;
                      (c) identify state barriers to portability of funds, including departmental structures and
                  processes and service provider delivery systems;
                      (d) (i) compare the total cost of providing services to persons in intermediate care facilities
                  to the total cost of providing services through home and community-based providers; and
                      (ii) control the total cost comparison for severity of disability classifications; and
                      (e) (i) estimate as accurately as possible the number of persons who would be interested in
                  moving between:

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                      (A) intermediate care facilities for the mentally retarded or nursing facilities; and
                      (B) home and community-based services; and
                      (ii) estimate the total cost to the state and facilities if individuals move to the facilities or
                  services of their choice; and
                      (iii) control the total cost estimate for service type and level of service intensity.
                      (3) In the conduct of their study, the divisions shall solicit information and recommendations
                  from representatives of at least the following:
                      (a) intermediate care facilities for the mentally retarded and nursing facilities;
                      (b) home and community-based services;
                      (c) persons in intermediate care facilities or receiving home and community-based services
                  and their families and guardians; and
                      (d) persons waiting to receive services through intermediate care facilities for the mentally
                  retarded, nursing facilities, or home and community-based services and their families and guardians.
                      (4) The divisions shall report on their study to the Health and Human Services Interim
                  Committee as follows:
                      (a) no later than the June 1998 meeting of the committee, the divisions shall provide a
                  preliminary report to the committee;
                      (b) no later than the October 1998 meeting of the committee, the divisions shall provide a
                  final report of their study, including recommendations for increasing the portability of funds. The
                  recommendations to the committee shall include:
                      (i) methods for increasing portability within existing state funding levels; and
                      (ii) methods for maximizing portability in an environment of additional state funding; and
                      (c) the divisions may recommend how to increase state funding through the reallocation of
                  existing resources or the identification of new revenue sources.
                      (5) The divisions shall provide a copy of their final report to members of the Joint
                  Appropriations Health and Human Services Subcommittee no later than November 1, 1998.

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