H.B. 197

1

MEDICAID RESOURCE STANDARDS AND
2 METHODOLOGIES
3 2006 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: David L. Hogue
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill limits the standards and methodologies that may be used by the Department of
11 Health to determine Medicaid eligibility for certain children ages 6 through 19.
12 Highlighted Provisions:
13 This bill:
14 . provides that beginning July 1, 2006, the Department of Health may not exceed
15 specified resource limits or count the value of a household's primary vehicle when
16 determining Medicaid eligibility for certain children ages 6 through 19 with family
17 incomes not exceeding 100% of the federal poverty guideline.
18 Monies Appropriated in this Bill:
19 This bill appropriates:
20 . as an ongoing appropriation subject to future budget constraints, $990,900 from the
21 General Fund for fiscal year 2006-07 to the Department of Health.
22 Other Special Clauses:
23 This bill takes effect on July 1, 2006.
24 Utah Code Sections Affected:
25 ENACTS:
26 26-18-3.2, Utah Code Annotated 1953
27

28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 26-18-3.2 is enacted to read:
30 26-18-3.2. Medicaid resource standards and methodologies.
31 (1) As used in this section, "child" means a person at least six years of age and not
32 more than 19 years of age:
33 (a) who is eligible for Medicaid under 42 U.S.C. 1396a(a)(l0)(A)(i)(VII) due to his
34 status as a child described in 42 U.S.C. 1396a(l)(1)(D);
35 (b) whose family income does not exceed 100% of the federal poverty guideline; and
36 (c) who is not otherwise eligible for the program, including as a:
37 (i) member of a household eligible for Medicaid;
38 (ii) person who is blind; or
39 (iii) person who is disabled.
40 (2) For purposes of determining Medicaid eligibility for a child, the department:
41 (a) may not establish a resource standard less than the sum of:
42 (i) $6,000; and
43 (ii) the product of:
44 (A) the number of persons in the household minus one; and
45 (B) $50; and
46 (b) may not use a resource methodology that counts the value of a household's primary
47 vehicle.
48 Section 2. Appropriation.
49 As an ongoing appropriation subject to future budget constraints, there is appropriated
50 from the General Fund for fiscal year 2006-07, $990,900 to the Department of Health to fund
51 the requirements of this bill which impose limits on the resource standards and methodologies
52 used to determine Medicaid eligibility.
53 Section 3. Effective date.
54 This bill takes effect on July 1, 2006.

Legislative Review Note
as of 12-19-05 9:19 AM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel