H.B. 37 Enrolled

RURAL HEALTH CARE AMENDMENTS
2000 GENERAL SESSION
STATE OF UTAH
Sponsor: Ben C. Ferry
AN ACT RELATING TO INSURANCE; AMENDING THE NUMBER OF LICENSED BEDS
AN INDEPENDENT HOSPITAL MAY HAVE; AND PROVIDING AN EFFECTIVE DATE.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
31A-8-501, as enacted by Chapter 44, Laws of Utah 1997
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 31A-8-501 is amended to read:
31A-8-501. Access to health care providers.
(1) As used in this section:
(a) "Class of health care provider" means a health care provider or a health care facility
regulated by the state within the same professional, trade, occupational, or certification category
established under Title 58, Occupations and Professions, or within the same facility licensure
category established under Title 26, Chapter 21, Health Care [Facilities] Facility Licensing and
Inspection [and Licensure] Act.
(b) "Covered health care services" or "covered services" means health care services for
which an enrollee is entitled to receive under the terms of a health maintenance organization
contract.
(c) "Credentialed staff member" means a health care provider with active staff privileges
at an independent hospital or federally qualified health center.
(d) "Federally qualified health center" means as defined in the Social Security Act, 42
U.S.C. Sec. 1395(x).
(e) "Independent hospital" means a general acute hospital that:
(i) is licensed pursuant to Title 26, Chapter 21, Health Care [Facilities] Facility Licensing
and Inspection [and Licensure] Act; and
(ii) is controlled by a board of directors of which 51% or more reside in the county where

the hospital is located and:
(A) the board of directors is ultimately responsible for the policy and financial decisions of
the hospital; or
(B) the hospital is licensed for [45] 60 or fewer beds and is not owned, in whole or in part,
by an entity that owns or controls a health maintenance organization if the hospital is a contracting
facility of the organization.
(f) "Noncontracting provider" means an independent hospital, federally qualified health
center, or credentialed staff member who has not contracted with a health maintenance organization
to provide health care services to enrollees of the organization.
(2) A health maintenance organization shall pay for covered health care services rendered to
an enrollee by an independent hospital, a credentialed staff member at an independent hospital, or a
credentialed staff member at his local practice location if:
(a) the enrollee lives or resides within 30 paved road miles of the independent hospital;
(b) the independent hospital is located in a county with a population density of less than 100
people per square mile; and
(c) the enrollee has complied with the prior authorization and utilization review requirements
otherwise required by the health maintenance organization contract.
(3) A health maintenance organization shall pay for covered health care services rendered to
an enrollee at a federally qualified health center if:
(a) the enrollee lives or resides within 30 paved road miles of a federally qualified health
center;
(b) the federally qualified health center is located in a county with a population density of less
than 100 people per square mile; and
(c) the enrollee has complied with the prior authorization and utilization review requirements
otherwise required by the health maintenance organization contract.
(4) (a) A health maintenance organization shall reimburse a noncontracting provider or the
enrollee for covered services rendered pursuant to Subsection (2) a like dollar amount as it pays to
contracting providers under a noncapitated arrangement for comparable services.

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(b) A health maintenance organization shall reimburse a federally qualified health center or
the enrollee for covered services rendered pursuant to Subsection (3) a like amount as paid by the
health maintenance organization under a noncapitated arrangement for comparable services to a
contracting provider in the same class of health care providers as the provider who rendered the
service.
(5) A noncontracting provider may only refer an enrollee to another noncontracting provider
so as to obligate the enrollee's health maintenance organization to pay for the resulting services if:
(a) the noncontracting provider making the referral or the enrollee has received prior
authorization from the organization for the referral; or
(b) the practice location of the noncontracting provider to whom the referral is made:
(i) is located in a county with a population density of less than 100 people per square mile;
and
(ii) is within 30 paved road miles of:
(A) the place where the enrollee lives or resides; or
(B) the independent hospital or federally qualified health center at which the enrollee may
receive covered services pursuant to Subsection (2) or (3).
(6) Notwithstanding this section, a health maintenance organization may contract directly
with an independent hospital, federally qualified health center, or credentialed staff member.
Section 2. Effective date.
This act takes effect on July 1, 2001.

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