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S.B. 4

             1     

REPORTS TO HEALTH AND HUMAN

             2     
SERVICES

             3     
2002 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Sponsor: Terry R. Spencer

             6      This act modifies the Health Code, the State System of Public Education, the Human
             7      Services Code, State Affairs in General, the Utah Criminal Code, and the Judicial Code by
             8      eliminating requirements for reports to the Health and Human Services Interim Committee.
             9      The act reduces the number of annual reports submitted to the committee from 34 reports
             10      to 13 reports. The act makes technical amendments.
             11      This act affects sections of Utah Code Annotated 1953 as follows:
             12      AMENDS:
             13          26-6-3.5, as last amended by Chapter 13, Laws of Utah 1998
             14          26-9-212, as last amended by Chapter 13, Laws of Utah 1998
             15          26-9d-10, as last amended by Chapter 13, Laws of Utah 1998
             16          26-9e-11, as last amended by Chapters 13 and 97, Laws of Utah 1998
             17          26-18-3.7, as last amended by Chapter 1, Laws of Utah 2000
             18          26-18-305, as last amended by Chapter 13, Laws of Utah 1998
             19          26-33a-104, as last amended by Chapter 201, Laws of Utah 1996
             20          26-40-109, as last amended by Chapter 53, Laws of Utah 2001
             21          53A-11-909, as enacted by Chapter 25, Laws of Utah 1999
             22          53A-15-205, as last amended by Chapter 5, Laws of Utah 2001, First Special Session
             23          62A-8-110.1, as enacted by Chapter 106, Laws of Utah 1999
             24          62A-13-110, as last amended by Chapter 13, Laws of Utah 1998
             25          63-25a-203, as last amended by Chapter 270, Laws of Utah 1999
             26          63-75-7, as last amended by Chapter 1, Laws of Utah 2000
             27          76-7-305.5, as last amended by Chapter 13, Laws of Utah 1998


             28          78-3a-911, as last amended by Chapter 244, Laws of Utah 2001
             29          78-3g-102, as last amended by Chapter 1, Laws of Utah 2000
             30      REPEALS:
             31          26-18-401, as last amended by Chapter 53, Laws of Utah 2001
             32      Be it enacted by the Legislature of the state of Utah:
             33          Section 1. Section 26-6-3.5 is amended to read:
             34           26-6-3.5. Reporting AIDS and HIV infection -- Anonymous testing.
             35          (1) Because of the nature and consequences of Acquired Immunodeficiency Syndrome and
             36      Human Immunodeficiency Virus infection, the department shall:
             37          (a) require reporting of those conditions; and
             38          (b) utilize contact tracing and other methods for "partner" identification and notification.
             39      The department shall, by rule, define individuals who are considered "partners" for purposes of this
             40      section.
             41          (2) (a) The requirements of Subsection (1) do not apply to seroprevalence and other
             42      epidemiological studies conducted by the department.
             43          (b) The requirements of Subsection (1) do not apply to, and anonymity shall be provided
             44      in, research studies conducted by universities or hospitals, under the authority of institutional
             45      review boards if those studies are funded in whole or in part by research grants and if anonymity
             46      is required in order to obtain the research grant or to carry out the research.
             47          (3) For all purposes of this chapter, Acquired Immunodeficiency Syndrome and Human
             48      Immunodeficiency Virus infection are considered communicable and infectious diseases.
             49          (4) The department may establish or allow one site or agency within the state to provide
             50      anonymous testing.
             51          (a) The site or agency that provides anonymous testing shall maintain accurate records
             52      regarding:
             53          (i) the number of HIV positive individuals that it is able to contact or inform of their
             54      condition;
             55          (ii) the number of HIV positive individuals who receive extensive counseling;
             56          (iii) how many HIV positive individuals provide verifiable information for partner
             57      notification; and
             58          (iv) how many cases in which partner notification is carried through.


             59          (b) A statistical report of the information maintained under Subsection (4)(a) shall be
             60      presented to the [Health and Human Services Interim Committee] executive director of the
             61      department on an annual basis. The information collected under Subsection (4)(a) and the reports
             62      required by this subsection shall be maintained and presented in such a way that no individual is
             63      identifiable.
             64          (c) If the information and reports indicate anonymous testing is not resulting in partner
             65      notification, the department shall phase out the anonymous testing program allowed by this
             66      [subsection] section.
             67          Section 2. Section 26-9-212 is amended to read:
             68           26-9-212. Reporting.
             69          Annually on or before August 1, the committee shall submit a written report of its activities
             70      under this part to the executive director of the department [and to the Health and Human Services
             71      Interim Committee]. The report shall include:
             72          (1) the number and type of grant and scholarship recipients;
             73          (2) the total amount of each grant and scholarship;
             74          (3) the site at which each grant recipient is practicing;
             75          (4) the site at which each scholarship recipient is practicing;
             76          (5) the number of applications filed under this part within the preceding year; and
             77          (6) the amount of administrative expenses incurred by the committee and by the
             78      department to provide staff support during the preceding year in carrying out the provisions of this
             79      part.
             80          Section 3. Section 26-9d-10 is amended to read:
             81           26-9d-10. Reporting.
             82          Annually on or before August 1, the committee shall submit a written report of its activities
             83      under this chapter to the executive director of the department [and to the Health and Human
             84      Services Interim Committee]. The report shall include:
             85          (1) the number of grant and scholarship recipients;
             86          (2) the total amount of each grant and scholarship;
             87          (3) the nursing shortage area in which each grant recipient is practicing;
             88          (4) the needed nursing specialty area in which each scholarship recipient is practicing;
             89          (5) the number of scholarship recipients who are seeking graduate education pursuant to


             90      the conditions of a scholarship awarded pursuant to this chapter;
             91          (6) the number of applications filed under this chapter within the preceding year; and
             92          (7) the amount of administrative expenses incurred by the committee and by the
             93      department to provide staff support during the preceding year in carrying out the provisions of this
             94      chapter.
             95          Section 4. Section 26-9e-11 is amended to read:
             96           26-9e-11. Committee report.
             97          Annually on or before August 1, the committee shall submit a written report of its activities
             98      under this chapter to the executive director of the department [and to the Health and Human
             99      Services Interim Committee]. The report shall include:
             100          (1) the number and type of loan repayment grants and scholarships, and the areas of
             101      practice of the recipients;
             102          (2) the total amount of each award;
             103          (3) the site at which each recipient is practicing;
             104          (4) the number of applications filed under this chapter within the preceding year;
             105          (5) the areas designated by the committee as medically underserved urban areas;
             106          (6) the amount of administrative expenses incurred by the committee and by the
             107      department to provide staff support during the preceding year in carrying out the provisions of this
             108      chapter;
             109          (7) an assessment of the needs in the designated medically underserved urban areas for
             110      providers, and recruitment and retention programs;
             111          (8) the plan for addressing the assessed needs in terms of recruitment and retention of
             112      health care providers;
             113          (9) the location and type of education program where each scholarship recipient is
             114      receiving training;
             115          (10) the location and professional activities of former award recipients, if known; and
             116          (11) other information that the department considers beneficial or the committee requests
             117      in evaluating the activities authorized under this chapter.
             118          Section 5. Section 26-18-3.7 is amended to read:
             119           26-18-3.7. Prepaid health care delivery systems.
             120          (1) (a) Before July 1, 1996, the division shall submit to the Health Care Financing


             121      Administration within the United States Department of Health and Human Services, an
             122      amendment to the state's freedom of choice waiver. That amendment shall provide that the
             123      following persons who are eligible for services under the state plan for medical assistance, who
             124      reside in Salt Lake, Utah, Davis, or Weber counties, shall enroll in the recipient's choice of a health
             125      care delivery system that meets the requirements of Subsection (2):
             126          (i) by July 1, 1994, 40% of eligible persons;
             127          (ii) by July 1, 1995, 65% of eligible persons; and
             128          (iii) by July 1, 1996, 100% of eligible persons.
             129          (b) The division may not enter into any agreements with mental health providers that
             130      establish a prepaid capitated delivery system for mental health services that were not in existence
             131      prior to July 1, 1993, until the application of the Utah Medicaid Hospital Provider Temporary
             132      Assessment Act with regard to a specialty hospital as defined in Section 26-21-2 that may be
             133      engaged exclusively in rendering psychiatric or other mental health treatment is repealed.
             134          (c) The following are exempt from the requirements of Subsection (1)(a):
             135          (i) persons who:
             136          (A) receive medical assistance for the first time after July 1, 1996;
             137          (B) have a mental illness, as that term is defined in Section 62A-12-202 ; and
             138          (C) are receiving treatment for that mental illness. The division, when appropriate, shall
             139      enroll these persons in a health care delivery system that meets the requirements of this section;
             140          (ii) persons who are institutionalized in a facility designated by the division as a nursing
             141      facility or an intermediate care facility for the mentally retarded; or
             142          (iii) persons with a health condition that requires specialized medical treatment that is not
             143      available from a health care delivery system that meets the requirements of this section.
             144          (2) In submitting the amendment to the state's freedom of choice waiver under Subsection
             145      (1), the division shall ensure that the proposed health care delivery systems have at least the
             146      following characteristics, so that the system:
             147          (a) is financially at risk, for a specified continuum of health care services, for a defined
             148      population, and has incentives to balance the patient's need for care against the need for cost
             149      control;
             150          (b) follows utilization and quality controls developed by the department;
             151          (c) is encouraged to promote the health of patients through primary and preventive care;


             152          (d) coordinates care to avoid unnecessary duplication and services;
             153          (e) conserves health care resources; and
             154          (f) if permissible under the waiver, utilizes private insurance plans including health
             155      maintenance organizations and other private health care delivery organizations.
             156          (3) Subsection (2) does not prevent the division from contracting with other health care
             157      delivery organizations if the division determines that it is advantageous to do so.
             158          (4) Health care delivery systems that meet the requirements of this section may provide
             159      all services otherwise available under the state plan for medical assistance, except prescribed
             160      drugs.
             161          (5) The division shall periodically report to the [Health and Human Services Interim
             162      Committee] executive director of the department regarding the development and implementation
             163      of the amendment to the state's freedom of choice waiver required under this section.
             164          Section 6. Section 26-18-305 is amended to read:
             165           26-18-305. Report on implementation.
             166          The department shall [report to the Health and Human Services Interim Committee by
             167      November 1, 1994, and every year thereafter] maintain an annual summary on the implementation
             168      of the grant program for primary care services. The [report] summary shall include a description
             169      of the scope and level of coverage provided to low-income persons by primary care grant programs
             170      and by the medical assistance program established in Section 26-18-10 for the fiscal year. The
             171      [report] summary shall also include recommendations to minimize the loss of revenue by hospitals
             172      that serve a disproportionate share of persons under Section 26-18-10 .
             173          Section 7. Section 26-33a-104 is amended to read:
             174           26-33a-104. Purpose, powers, and duties of the committee.
             175          (1) The purpose of the committee is to direct a statewide effort to collect, analyze, and
             176      distribute health care data to facilitate the promotion and accessibility of quality and cost-effective
             177      health care and also to facilitate interaction among those with concern for health care issues.
             178          (2) The committee shall:
             179          (a) develop and adopt by rule, following public hearing and comment, a health data plan
             180      that shall among its elements:
             181          (i) identify the key health care issues, questions, and problems amenable to resolution or
             182      improvement through better data, more extensive or careful analysis, or improved dissemination


             183      of health data;
             184          (ii) document existing health data activities in the state to collect, organize, or make
             185      available types of data pertinent to the needs identified in Subsection (2)(a)(i);
             186          (iii) describe and prioritize the actions suitable for the committee to take in response to the
             187      needs identified in Subsection (2)(a)(i) in order to obtain or to facilitate the obtaining of needed
             188      data, and to encourage improvements in existing data collection, interpretation, and reporting
             189      activities, and indicate how those actions relate to the activities identified under Subsection
             190      (2)(a)(ii);
             191          (iv) detail the types of data needed for the committee's work, the intended data suppliers,
             192      and the form in which such data are to be supplied, noting the consideration given to the potential
             193      alternative sources and forms of such data and to the estimated cost to the individual suppliers as
             194      well as to the department of acquiring these data in the proposed manner; the plan shall reasonably
             195      demonstrate that the committee has attempted to maximize cost-effectiveness in the data
             196      acquisition approaches selected;
             197          (v) describe the types and methods of validation to be performed to assure data validity
             198      and reliability;
             199          (vi) explain the intended uses of and expected benefits to be derived from the data
             200      specified in Subsection (2)(a)(iv), including the contemplated tabulation formats and analysis
             201      methods; the benefits described must demonstrably relate to one or more of the following:
             202      promoting quality health care, managing health care costs, or improving access to health care
             203      services;
             204          (vii) describe the expected processes for interpretation and analysis of the data flowing to
             205      the committee; noting specifically the types of expertise and participation to be sought in those
             206      processes; and
             207          (viii) describe the types of reports to be made available by the committee and the intended
             208      audiences and uses;
             209          (b) have the authority to collect, validate, analyze, and present health data in accordance
             210      with the plan while protecting individual privacy through the use of a control number as the health
             211      data identifier;
             212          (c) evaluate existing identification coding methods and, if necessary, require by rule that
             213      health data suppliers use a uniform system for identification of patients, health care facilities, and


             214      health care providers on health data they submit under this chapter;
             215          (d) report biennially to the governor, and when requested, to the Legislature on how the
             216      committee is meeting its responsibilities under this chapter; and
             217          (e) advise, consult, contract, and cooperate with any corporation, association, or other
             218      entity for the collection, analysis, processing, or reporting of health data identified by control
             219      number only in accordance with the plan.
             220          (3) The committee may adopt rules to carry out the provisions of this chapter in accordance
             221      with Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
             222          (4) Except for data collection, analysis, and validation functions described in this section,
             223      nothing in this chapter shall be construed to authorize or permit the committee to perform
             224      regulatory functions which are delegated by law to other agencies of the state or federal
             225      governments or to perform quality assurance or medical record audit functions that health care
             226      facilities, health care providers, or third-party payors are required to conduct to comply with
             227      federal or state law. The committee shall not recommend or determine whether a health care
             228      provider, health care facility, third-party payor, or self-funded employer is in compliance with
             229      federal or state laws including but not limited to federal or state licensure, insurance,
             230      reimbursement, tax, malpractice, or quality assurance statutes or common law.
             231          (5) Nothing in this chapter shall be construed to require a data supplier to supply health
             232      data identifying a patient by name or describing detail on a patient beyond that needed to achieve
             233      the approved purposes included in the plan.
             234          (6) No request for health data shall be made of health care providers and other data
             235      suppliers until a plan for the use of such health data has been adopted.
             236          (7) If a proposed request for health data imposes unreasonable costs on a data supplier, due
             237      consideration shall be given by the committee to altering the request. If the request is not altered,
             238      the committee shall pay the costs incurred by the data supplier associated with satisfying the
             239      request that are demonstrated by the data supplier to be unreasonable.
             240          (8) The committee does not have the authority to require any data supplier to submit fee
             241      schedules, maximum allowable costs, area prevailing costs, terms of contracts, discounts, fixed
             242      reimbursement arrangements, capitations, or other specific arrangements for reimbursement to a
             243      health care provider.
             244          (9) The committee shall not publish any health data which would disclose any of the


             245      information described in Subsection (8).
             246          (10) Nothing in Subsection (8) shall prevent the committee from requiring the submission
             247      of health data on the reimbursements actually made to health care providers from any source of
             248      payment, including consumers.
             249          Section 8. Section 26-40-109 is amended to read:
             250           26-40-109. Evaluation.
             251          [(1)] The department shall develop performance measures and annually evaluate the
             252      program's performance.
             253          [(2) The department shall report annually on its evaluation to the Health and Human
             254      Services Interim Committee of the Legislature before November 1.]
             255          Section 9. Section 53A-11-909 is amended to read:
             256           53A-11-909. Alternative middle schools -- Purpose -- Implementation of program --
             257      Components -- Report.
             258          (1) There is established an alternative middle schools program to improve the school
             259      learning climate and help ensure safety for middle school students in the state's public education
             260      system.
             261          (2) For purposes of this section, "middle school students" are students age 11 to 15.
             262          (3) Local school boards shall have overall responsibility for implementation of the
             263      program, subject to the following considerations:
             264          (a) that the FACT Council established in Title 63, Chapter 75, Families, Agencies, and
             265      Communities Together for Children and Youth at Risk, and a designated steering committee of
             266      persons with expertise in alternative middle school strategies shall be involved in collaborating the
             267      program with other state and local agencies that provide services to youth at risk, who are middle
             268      school students, and their families under Chapter 75;
             269          (b) collaboration with SHOCAP, Serious Habitual Offender Comprehensive Action
             270      Program, established under Title 63, Chapter 92, in those districts where SHOCAP has been
             271      implemented; and
             272          (c) recommendations for placement in the program may be made by:
             273          (i) school administrators, after exhausting regular interventions under Title 53A, Chapter
             274      11, Part 9, School Discipline and Conduct Plans;
             275          (ii) the Juvenile Court;


             276          (iii) state agencies and their local counterparts, such as the Division of Child And Family
             277      Services, the Division of Youth Corrections, Mental Health, and local interagency councils
             278      charged with implementing prevention and early intervention programs for children and youth at
             279      risk; and
             280          (iv) parents of middle school students, subject to their recommendations being channeled
             281      through one of the entities listed in Subsections (3)(c)(i), (ii), and (iii).
             282          (4) (a) The local school board or its designee shall have final approval authority over the
             283      recommendations for placement in the program made under Subsection (3)(c).
             284          (b) The final approval process shall include a screening and review process of all
             285      recommendations and include input from parents, school personnel, and representatives of
             286      agencies that are providing collaborative delivery services to the student under programs such as
             287      those described in Section 63-75-6 .
             288          (5) The alternative middle schools program shall include the following components:
             289          (a) (i) the school's location shall be as geographically close to the student's home as
             290      resources for the program allow, with preference given to a school within the student's regular
             291      school;
             292          (ii) other options may include separate classrooms within the same building, extended
             293      hours or after school hours, or off-site placement if the circumstances dictate and are what is
             294      required to meet local needs;
             295          (b) alternative schools must be established on the basis of a transitional setting structure
             296      to prepare students to return to their regular classrooms as responsible, productive students;
             297          (c) alternative middle school classrooms shall be small, with an ideal size of between 8-12
             298      students, instructed by specially trained teachers, with particular consideration given to the
             299      problems faced by rural schools in attracting and retaining qualified personnel;
             300          (d) each student placed in an alternative school must have an individualized student
             301      education and occupational plan that has been reviewed and approved by the student, the student's
             302      parent or guardian, and a representative of the school;
             303          (e) the school shall use an approach in dealing with students that is highly structured and
             304      requires substantial parental involvement;
             305          (f) its programs shall include state-approved curriculum, parent and family support
             306      services, and sufficient clinical diagnosis, assessment, counseling, and treatment services to meet


             307      the individual needs of students at the school;
             308          (g) the school shall collaborate with local law enforcement agencies to be able to utilize
             309      and expand upon the availability of resource officers; and
             310          (h) the programs as related to each student must specify the intended outcomes and results
             311      and the methods for measuring the accomplishment of results.
             312          (6) (a) The Legislature shall provide an annual appropriation to the State Board of
             313      Education to fund the alternative middle schools program established under this section.
             314          (b) (i) School districts shall apply to the state board for participation under an RFP process,
             315      developed by the board in consultation with the FACT Council or the steering committee referred
             316      to in Subsection (3)(a).
             317          (ii) The RFP process shall address the required components of an alternative middle
             318      school, collaboration with other programs and entities dealing with middle school students at risk
             319      and their families, and incentives to pool existing resources as a match for new monies
             320      appropriated under the alternative middle schools program.
             321          (7) (a) Each local school board that establishes an alternative middle school under this
             322      section shall report on the school's success annually to the State Board of Education.
             323          (b) The state board shall monitor each alternative middle school and make an annual
             324      summary report of its findings, together with recommendations to modify, continue, or expand the
             325      program, to the Legislative Education Interim Committee, [the Health and Human Services Interim
             326      Committee,] and the Judiciary Interim Committee prior to November 30.
             327          Section 10. Section 53A-15-205 is amended to read:
             328           53A-15-205. Disability Determination Services Advisory Council -- Membership --
             329      Duties -- Requirements for DDDS.
             330          (1) As used in this section, "council" means the Disability Determination Services
             331      Advisory Council created in Subsection (2).
             332          (2) There is created the Disability Determination Services Advisory Council to act as an
             333      advisory council to the State Board of Education regarding the Division of Disability
             334      Determination Services (DDDS) established under Chapter 24, Part 5.
             335          (3) The council is composed of the following members:
             336          (a) the administrator of DDDS;
             337          (b) a representative of the United States Department of Health and Human Services, Social


             338      Security Administration, appointed by the board; and
             339          (c) nine persons, appointed by the board in accordance with Subsections (5) and (6), who
             340      represent a cross section of:
             341          (i) persons with disabilities;
             342          (ii) advocates for persons with disabilities;
             343          (iii) health care providers;
             344          (iv) representatives of allied state and local agencies; and
             345          (v) representatives of the general public.
             346          (4) The members appointed under Subsections (3)(a) and (3)(b) serve as nonvoting
             347      members of the council.
             348          (5) In appointing the members described in Subsection (3)(c), the board shall:
             349          (a) solicit nominations from organizations and agencies that represent the interests of
             350      members described in that subsection; and
             351          (b) make every effort to create a balance in terms of geography, sex, race, ethnicity, and
             352      type of both mental and physical disabilities.
             353          (6) In making initial appointments of members described in Subsection (3)(c), the board
             354      shall appoint three members for two-year terms, three members for four-year terms, and three
             355      members for six-year terms. All subsequent appointments are for four years. The board shall fill
             356      any vacancy that occurs on the council for any reason by appointing a person for the unexpired
             357      term of the vacated member. Council members are eligible for one reappointment and serve until
             358      their successors are appointed.
             359          (7) Five voting members of the council constitute a quorum. The action of a majority of
             360      a quorum represents the action of the council.
             361          (8) Members of the council serve without compensation but may be reimbursed for
             362      expenses incurred in the performance of their official duties.
             363          (9) (a) The council shall annually elect a chairperson from among the membership
             364      described, and shall adopt bylaws governing its activities.
             365          (b) The chairperson shall set the meeting agenda.
             366          (10) The council shall:
             367          (a) advise DDDS and the Social Security Administration regarding its practices and
             368      policies on the determination of claims for social security disability benefits;


             369          (b) participate in the development of new internal practices and procedures of DDDS and
             370      policies of the Social Security Administration regarding the evaluation of disability claims;
             371          (c) recommend changes to practices and policies to ensure that DDDS is responsive to
             372      disabled individuals;
             373          (d) review the DDDS budget to ensure that it is adequate to effectively evaluate disability
             374      claims and to meet the needs of persons with disabilities who have claims pending with DDDS;
             375      and
             376          (e) review and recommend changes to policies and practices of allied state and federal
             377      agencies, health care providers, and private community organizations.
             378          (11) The council shall annually report to the board, the governor, and the Legislative
             379      Education [and Health and Human Services] Interim [Committees] Committee regarding its
             380      activities.
             381          (12) (a) To assist the council in its duties, DDDS shall provide the necessary staff
             382      assistance to enable the council to make timely and effective recommendations.
             383          (b) Staff assistance may include:
             384          (i) distributing meeting agendas;
             385          (ii) advising the chairpersons of the council regarding relevant items for council
             386      discussion; and
             387          (iii) providing reports, documents, budgets, memorandums, statutes, and regulations
             388      regarding the management of DDDS.
             389          (c) Staff assistance shall include maintaining minutes.
             390          Section 11. Section 62A-8-110.1 is amended to read:
             391           62A-8-110.1. Responsibilities of the Division of Substance Abuse.
             392          (1) It is the responsibility of the division to assure that the requirements of this part are met
             393      and applied uniformly by local substance abuse authorities across the state.
             394          (2) Since it is the division's responsibility to contract with, review, approve, and oversee
             395      local substance abuse authority plans, and to withhold funds from local substance abuse authorities
             396      and public and private providers for contract noncompliance or misuse of public funds, the
             397      division shall:
             398          (a) require each local substance abuse authority to submit its plan to the division by May
             399      1 of each year;


             400          (b) conduct an annual program audit and review of each local substance abuse authority
             401      in the state, and its contract provider; and
             402          (c) provide a written report to the [Health and Human Services Interim Committee]
             403      executive director of the department on July 1[, 1999, and] of each year [thereafter, and provide
             404      an oral report to that committee, as requested. That report], which report shall provide information
             405      regarding:
             406          (i) the annual audit and review;
             407          (ii) the financial expenditures of each local substance abuse authority and its contract
             408      provider;
             409          (iii) the status of each local authority's and its contract provider's compliance with its plan,
             410      state statutes, and with the provisions of the contract awarded; and
             411          (iv) whether audit guidelines established pursuant to Section 62A-8-110.5 and Subsection
             412      67-3-1 (2)(o) provide the division with sufficient criteria and assurances of appropriate
             413      expenditures of public funds.
             414          (3) The annual audit and review described in Subsection (2)(b) shall, in addition to items
             415      determined by the division to be necessary and appropriate, include a review and determination
             416      regarding whether public funds allocated to local substance abuse authorities are consistent with
             417      services rendered and outcomes reported by it or its contract provider, and whether each local
             418      substance abuse authority is exercising sufficient oversight and control over public funds allocated
             419      for substance abuse programs and services.
             420          (4) The Legislature may refuse to appropriate funds to the division upon the division's
             421      failure to comply with the provisions of this part.
             422          Section 12. Section 62A-13-110 is amended to read:
             423           62A-13-110. Reporting.
             424          Annually on or before August 1, the committee shall submit a written report of its activities
             425      under this chapter to the executive director of the department [and to the Health and Human
             426      Services Interim Committee of the Legislature]. The report shall include:
             427          (1) the number and type of grant and scholarship recipients;
             428          (2) the total amount of each grant and scholarship;
             429          (3) the site at which each grant recipient is practicing;
             430          (4) the site at which each scholarship recipient is practicing;


             431          (5) the number of applications filed under this chapter within the preceding year; and
             432          (6) the amount of administrative expenses incurred by the committee and by the
             433      department to provide staff support during the preceding year in carrying out the provisions of this
             434      chapter.
             435          Section 13. Section 63-25a-203 is amended to read:
             436           63-25a-203. Duties of council.
             437          (1) The Utah Substance Abuse and Anti-Violence Coordinating Council shall:
             438          (a) provide leadership and generate unity for Utah's ongoing efforts to combat substance
             439      abuse and community violence;
             440          (b) recommend and coordinate the creation, dissemination, and implementation of a
             441      statewide substance abuse and anti-violence policy;
             442          (c) facilitate planning for a balanced continuum of substance abuse and community
             443      violence prevention, treatment, and justice services;
             444          (d) promote collaboration and mutually beneficial public and private partnerships;
             445          (e) coordinate recommendations made by the committees under Section 63-25a-206 ; and
             446          (f) analyze and provide an objective assessment of all proposed legislation concerning
             447      alcohol and other drug issues and community violence issues.
             448          (2) The council shall meet quarterly or more frequently as determined necessary by the
             449      chair.
             450          (3) The council shall report its recommendations annually to the commission, governor,
             451      [Legislature,] and judicial council.
             452          Section 14. Section 63-75-7 is amended to read:
             453           63-75-7. Evaluation of programs -- Report to legislative interim committee.
             454          (1) At the end of each fiscal year, a final report shall be submitted to the council
             455      summarizing the outcome of each project under this chapter.
             456          (2) (a) The council may conduct an independent evaluation of any or all of the projects to
             457      assess the status of services provided and identified outcomes.
             458          (b) The council shall prepare and deliver a report on the program to the Legislature's
             459      Education[, Health and Human Services,] and Judiciary Interim Committees prior to each annual
             460      general session.
             461          (c) The report shall include a recommendation by the council as to whether the program


             462      should be terminated, continued, or expanded.
             463          Section 15. Section 76-7-305.5 is amended to read:
             464           76-7-305.5. Requirements for printed materials and informational video -- Annual
             465      report of Department of Health.
             466          (1) In order to insure that a woman's consent to an abortion is truly an informed consent,
             467      the Department of Health shall publish printed materials and produce an informational video in
             468      accordance with the requirements of this section. The department and each local health department
             469      shall make those materials and a viewing of the video available at no cost to any person. The
             470      printed material and the informational video shall be comprehensible and contain all of the
             471      following:
             472          (a) geographically indexed materials informing the woman of public and private services
             473      and agencies available to assist her, financially and otherwise, through pregnancy, at childbirth,
             474      and while the child is dependent, including services and supports available under Section
             475      35A-3-308 . Those materials shall contain a description of available adoption services, including
             476      a comprehensive list of the names, addresses, and telephone numbers of public and private
             477      agencies and private attorneys whose practice includes adoption, and explanations of possible
             478      available financial aid during the adoption process. The information regarding adoption services
             479      shall include the fact that private adoption is legal, and that the law permits adoptive parents to pay
             480      the costs of prenatal care, childbirth, and neonatal care. The printed information and video shall
             481      present adoption as a preferred and positive choice and alternative to abortion. The department
             482      may, at its option, include printed materials that describe the availability of a toll-free 24-hour
             483      telephone number that may be called in order to obtain, orally, the list and description of services,
             484      agencies, and adoption attorneys in the locality of the caller;
             485          (b) truthful and nonmisleading descriptions of the probable anatomical and physiological
             486      characteristics of the unborn child at two-week gestational increments from fertilization to full
             487      term, accompanied by pictures or video segments representing the development of an unborn child
             488      at those gestational increments. The descriptions shall include information about brain and heart
             489      function and the presence of external members and internal organs during the applicable stages of
             490      development. Any pictures used shall contain the dimensions of the fetus and shall be realistic and
             491      appropriate for that woman's stage of pregnancy. The materials shall be designed to convey
             492      accurate scientific information about an unborn child at the various gestational ages, and to convey


             493      the state's preference for childbirth over abortion;
             494          (c) truthful, nonmisleading descriptions of abortion procedures used in current medical
             495      practice at the various stages of growth of the unborn child, the medical risks commonly associated
             496      with each procedure, including those related to subsequent childbearing, the consequences of each
             497      procedure to the fetus at various stages of fetal development, the possible detrimental
             498      psychological effects of abortion, and the medical risks associated with carrying a child to term;
             499          (d) any relevant information on the possibility of an unborn child's survival at the
             500      two-week gestational increments described in Subsection (1)(b);
             501          (e) information on the availability of medical assistance benefits for prenatal care,
             502      childbirth, and neonatal care;
             503          (f) a statement conveying that it is unlawful for any person to coerce a woman to undergo
             504      an abortion;
             505          (g) a statement conveying that any physician who performs an abortion without obtaining
             506      the woman's informed consent or without according her a private medical consultation in
             507      accordance with the requirements of this section, may be liable to her for damages in a civil action
             508      at law;
             509          (h) a statement conveying that the state of Utah prefers childbirth over abortion; and
             510          (i) information regarding the legal responsibility of the father to assist in child support,
             511      even in instances where he has agreed to pay for an abortion, including a description of the services
             512      available through the Office of Recovery Services, within the Department of Human Services, to
             513      establish and collect that support.
             514          (2) (a) The materials described in Subsection (1) shall be produced and printed in a way
             515      that conveys the state's preference for childbirth over abortion.
             516          (b) The printed material described in Subsection (1) shall be printed in a typeface large
             517      enough to be clearly legible.
             518          (3) Every facility in which abortions are performed shall immediately provide the printed
             519      informed consent materials and a viewing of or a copy of the informational video described in
             520      Subsection (1) to any patient or potential patient prior to the performance of an abortion, unless
             521      the patient's attending or referring physician certifies in writing that he reasonably believes that
             522      provision of the materials or video to that patient would result in a severely adverse effect on her
             523      physical or mental health.


             524          (4) The Department of Health shall produce a standardized videotape that may be used
             525      statewide, containing all of the information described in Subsection (1), in accordance with the
             526      requirements of that subsection and Subsection (2). In preparing the video, the department may
             527      summarize and make reference to the printed comprehensive list of geographically indexed names
             528      and services described in Subsection (1)(a). The videotape shall, in addition to the information
             529      described in Subsection (1), show an ultrasound of the heart beat of an unborn child at three weeks
             530      gestational age, at six to eight weeks gestational age, and each month thereafter, until 14 weeks
             531      gestational age. That information shall be presented in a truthful, nonmisleading manner designed
             532      to convey accurate scientific information, the state's preference for childbirth over abortion, and
             533      the positive aspects of adoption.
             534          (5) The Department of Health and local health departments shall provide ultrasounds in
             535      accordance with the provisions of Subsection 76-7-305 (1)(b), at no expense to the pregnant
             536      woman.
             537          (6) The Department of Health shall compile and report the following information annually,
             538      preserving physician and patient anonymity:
             539          (a) the total amount of informed consent material described in Subsection (1) that was
             540      distributed;
             541          (b) the number of women who obtained abortions in this state without receiving those
             542      materials;
             543          (c) the number of statements signed by attending physicians certifying to his opinion
             544      regarding adverse effects on the patient under Subsection (3); and
             545          (d) any other information pertaining to protecting the informed consent of women seeking
             546      abortions.
             547          [(7) The Department of Health shall annually report to the Health and Human Services
             548      Interim Committee regarding the information described in Subsection (6), and provide a copy of
             549      the printed materials and the videotape produced in accordance with this section to that
             550      committee.]
             551          Section 16. Section 78-3a-911 is amended to read:
             552           78-3a-911. Office of Guardian Ad Litem Director.
             553          (1) There is hereby created the Office of Guardian Ad Litem Director under the direct
             554      supervision of the Judicial Council in accordance with Subsection 78-3-21 (13).


             555          (2) (a) The Judicial Council shall appoint one person to serve full time as the guardian ad
             556      litem director for the state.
             557          (b) The director shall be an attorney licensed to practice law in this state and selected on
             558      the basis of:
             559          (i) professional ability;
             560          (ii) experience in abuse, neglect, and dependency proceedings;
             561          (iii) familiarity with the role, purpose, and function of guardians ad litem in both juvenile
             562      and district courts; and
             563          (iv) ability to develop training curricula and reliable methods for data collection and
             564      evaluation.
             565          (c) The director shall be trained in the United States Department of Justice National Court
             566      Appointed Special Advocate program prior to or immediately after his appointment.
             567          (3) The guardian ad litem director shall:
             568          (a) establish policy and procedure for the management of a statewide guardian ad litem
             569      program;
             570          (b) manage the guardian ad litem program to assure that minors receive qualified guardian
             571      ad litem services in abuse, neglect, and dependency proceedings in accordance with state and
             572      federal law and policy;
             573          (c) develop standards for contracts of employment and contracts with independent
             574      contractors, and employ or contract with attorneys licensed to practice law in this state, to act as
             575      attorney guardians ad litem in accordance with Section 78-3a-912 ;
             576          (d) develop and provide training programs for attorney guardians ad litem and volunteers
             577      in accordance with the United States Department of Justice National Court Appointed Special
             578      Advocates Association standards;
             579          (e) update and develop the guardian ad litem manual, combining elements of the National
             580      Court Appointed Special Advocates Association manual with specific information about the law
             581      and policy of this state;
             582          (f) develop and provide a library of materials for the continuing education of attorney
             583      guardians ad litem and volunteers;
             584          (g) educate court personnel regarding the role and function of guardians ad litem;
             585          (h) develop needs assessment strategies, perform needs assessment surveys, and ensure


             586      that guardian ad litem training programs correspond with actual and perceived needs for training;
             587          (i) design and implement evaluation tools based on specific objectives targeted in the
             588      needs assessments described in Subsection (3)(h);
             589          (j) prepare and submit an annual report to the Judicial Council and the [Health and Human
             590      Services Interim Committee] Child Welfare Legislative Oversight Panel regarding the
             591      development, policy, and management of the statewide guardian ad litem program, and the training
             592      and evaluation of attorney guardians ad litem and volunteers;
             593          (k) hire, train, and supervise investigators; and
             594          (l) administer the program of private guardians ad litem established by Section 78-7-45 .
             595          (4) A contract of employment or independent contract described under Subsection (3)(c)
             596      shall provide that attorney guardians ad litem in the second, third, and fourth judicial districts
             597      devote their full time and attention to the role of attorney guardian ad litem, having no clients other
             598      than the children whose interest they represent within the guardian ad litem program.
             599          Section 17. Section 78-3g-102 is amended to read:
             600           78-3g-102. Foster Care Citizen Review Board Steering Committee -- Membership
             601      -- Chair -- Compensation -- Duties.
             602          (1) There is created within state government the Foster Care Citizen Review Board
             603      Steering Committee composed of the following members:
             604          (a) a member of the Board of Child and Family Services, within the Department of Human
             605      Services, appointed by the chair of that board;
             606          (b) the director of the division, or his designee;
             607          (c) a juvenile court judge, appointed by the presiding officer of the Judicial Council;
             608          (d) a juvenile court administrator, appointed by the administrator of the courts;
             609          (e) a representative of the Utah Foster Parents Association, appointed by the president of
             610      that organization;
             611          (f) a representative of a statewide advocacy organization for children, appointed by the
             612      chair of the committee;
             613          (g) a representative of an agency or organization that provides services to children who
             614      have been adjudicated to be under the jurisdiction of the juvenile court, appointed by the chair of
             615      the committee;
             616          (h) the guardian ad litem director, appointed pursuant to Section 78-3a-911 , or the


             617      director's designee;
             618          (i) the director or chief of the child protection unit within the Office of the Attorney
             619      General, or his designee;
             620          (j) one person from each region who is a member of a board, appointed by the chair of the
             621      committee; and
             622          (k) a private citizen, appointed by the chair of the committee.
             623          (2) The persons described in Subsection (1) shall annually elect a chair of the committee
             624      from among themselves.
             625          (3) A majority of the members of the committee constitutes a quorum. The action of the
             626      majority of a quorum represents the action of the committee.
             627          (4) (a) Members of the committee who are not government employees shall receive no
             628      compensation or benefits for their services, but may receive per diem and expenses incurred in the
             629      performance of the member's official duties at the rates established by the Division of Finance
             630      under Sections 63A-3-106 and 63A-3-107 .
             631          (b) State government officer and employee members who do not receive salary, per diem,
             632      or expenses from their agency for their service may receive per diem and expenses incurred in the
             633      performance of their official duties from the board at the rates established by the Division of
             634      Finance under Sections 63A-3-106 and 63A-3-107 .
             635          (c) Local government members who do not receive salary, per diem, or expenses from the
             636      entity that they represent for their service may receive per diem and expenses incurred in the
             637      performance of their official duties at the rates established by the Division of Finance under
             638      Sections 63A-3-106 and 63A-3-107 .
             639          (d) Members of the committee may decline to receive per diem and expenses for their
             640      services.
             641          (5) The committee shall:
             642          (a) within appropriations from the Legislature, appoint members of boards in each juvenile
             643      court district;
             644          (b) supervise the recruitment, training, and retention of board members;
             645          (c) supervise and evaluate the boards;
             646          (d) establish and approve policies for the boards; and
             647          (e) submit a report detailing the results of the boards to the [Legislative Health and Human


             648      Services] Child Welfare Legislative Oversight Panel and Judiciary Interim [Committees]
             649      Committee and the Board of Juvenile Court Judges, on or before December 31 of each year.
             650          (6) (a) The Department of Human Services shall provide fiscal management services,
             651      including payroll and accounting services, to the committee.
             652          (b) Within appropriations from the Legislature, the committee may hire professional and
             653      clerical staff as it considers necessary and appropriate.
             654          (7) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
             655      committee may make rules necessary for:
             656          (a) recruitment, appointment, and training of board members;
             657          (b) supervision and evaluation of boards; and
             658          (c) establishment of policy for boards.
             659          (8) The committee may receive gifts, grants, devises, and donations. If the donor
             660      designates a specific purpose or use for the gift, grant, devise, or donation, it shall be used solely
             661      for that purpose. Undesignated gifts, grants, devises, and donations shall be used for foster care
             662      citizen review boards in accordance with the requirements and provisions of this chapter.
             663          Section 18. Repealer.
             664          This act repeals:
             665          Section 26-18-401, Medicaid waiver.




Legislative Review Note
    as of 7-19-01 9:48 AM


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

Office of Legislative Research and General Counsel


Committee Note

The Health and Human Services Interim Committee recommended this bill.


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