First Substitute S.B. 107

Senator Michael G. Waddoups proposes the following substitute bill:

1 NOTICE OF AVAILABLE CHARITY CARE
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Michael G. Waddoups
5 House Sponsor: James A. Dunnigan
6
7 LONG TITLE
8 General Description:
9 This bill amends the Health Care Assistance Act of the Health Code to require notice of
10 available charity care.
11 Highlighted Provisions:
12 This bill:
13 . requires a nonprofit health care provider to give notice of available charity care to
14 certain patients and to the Department of Health; and
15 . requires the Department of Health to post the notice of available charity care.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 ENACTS:
22 26-47-104, Utah Code Annotated 1953
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 26-47-104 is enacted to read:

26 26-47-104. Notification of availability of charitable care.
27 (1) For purposes of this section:
28 (a) "Affiliate" means an organization that directly or indirectly through one or more
29 intermediaries controls, is controlled by, or is under common control with a nonprofit
30 organization.
31 (b) "Clinic" includes:
32 (i) a medical clinic that is owned or operated by a nonprofit health care provider;
33 (ii) a medical clinic in which a health care professional who is employed by a nonprofit
34 health care provider or its affiliates, practices; and
35 (iii) a federally qualified health center as defined in Section 31A-8-501 .
36 (c) "Nonprofit health care provider" means a hospital or clinic that is owned or
37 operated by, or is an affiliate of, an organization that is exempt from income taxation under
38 501(c)(3), Internal Revenue Code.
39 (2) (a) (i) No later than July 1, 2007, a nonprofit health care provider in the state shall
40 post notice of the availability of charity care in a place with public access at hospitals and
41 clinics owned or operated by the nonprofit health care provider.
42 (ii) The notice required by this Subsection (2) shall be updated annually.
43 (b) The notice required by this Subsection (2):
44 (i) may be combined with the notice of charity care required by the Hill-Burton Act, 42
45 C.F.R. Part 142;
46 (ii) shall include the names and locations of the clinics and hospitals owned or operated
47 by the nonprofit health care provider that provide charity care within the same service area and
48 county as the reporting facility; and
49 (iii) shall be provided to the department.
50 (3) The department shall:
51 (a) include the list of charity care facilities it receives in accordance with Subsection
52 (2) on its website for the state's Primary Care Network program, the Utah Premium Partnership
53 for Health Assistance Program, and the Utah Children's Health Insurance Program;
54 (b) provide the list of charity care facilities it receives in accordance with Subsection
55 (2) to Medicaid and TANF eligibility workers; and
56 (c) publish the list it receives in accordance with Subsection (2) in any other locations

57 the department determines will provide citizens of the state with notice of available charity
58 care.