1     
CHILDREN'S HEARING AID PROGRAM AMENDMENTS

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Rebecca P. Edwards

5     
Senate Sponsor: Aaron Osmond

6     

7     LONG TITLE
8     Committee Note:
9          The Health and Human Services Interim Committee recommended this bill.
10     General Description:
11          This bill amends provisions related to providing hearing aids for children.
12     Highlighted Provisions:
13          This bill:
14          ▸     converts the Children's Hearing Aid Pilot Program to a permanent program;
15          ▸     modifies eligibility requirements for the program;
16          ▸     establishes a repeal date for certain sections of the Utah Health Code; and
17          ▸     makes technical and conforming amendments.
18     Money Appropriated in this Bill:
19          This bill appropriates in fiscal year 2016:
20          ▸     to the General Fund Restricted - Children's Hearing Aid Program Account, as an
21     ongoing appropriation:
22               •     from the General Fund, $100,000; and
23          ▸     to the Department of Health - Family Health and Preparedness, as an ongoing
24     appropriation:
25               •     from the General Fund Restricted - Children's Hearing Aid Program Account,
26     $100,000.
27     Other Special Clauses:
28          This bill provides a special effective date.
29     Utah Code Sections Affected:
30     AMENDS:
31          26-10-11, as enacted by Laws of Utah 2013, Chapter 195
32          63I-1-226, as last amended by Laws of Utah 2014, Chapters 25 and 118
33     

34     Be it enacted by the Legislature of the state of Utah:
35          Section 1. Section 26-10-11 is amended to read:
36          26-10-11. Children's Hearing Aid Program.
37          (1) [(a) There is established a pilot] The department shall offer a program to provide
38     hearing aids to children [younger than three years old with hearing loss] who qualify under this
39     section.
40          [(b) The department shall administer the program beginning on July 1, 2013, and
41     ending June 30, 2015.]
42          (2) The department shall provide hearing aids to a child who:
43          (a) is younger than six years old;
44          [(a)] (b) is a resident of Utah;
45          [(b)] (c) has been diagnosed with hearing loss by [an audiologist with pediatric
46     expertise as having hearing loss;]:
47          (i) an audiologist with pediatric expertise; and
48          (ii) a physician;
49          [(c)] (d) provides documentation from an audiologist with pediatric expertise certifying
50     that the child needs hearing aids;
51          [(d)] (e) has obtained medical clearance by a medical provider for hearing aid fitting;
52          [(e) is younger than three years old;]
53          (f) does not qualify to receive a contribution that equals the full cost of a hearing aid
54     [through] from the state's Medicaid program or the Utah Children's Health Insurance Program;
55     and
56          (g) meets the financial need qualification criteria established by the department by rule,
57     made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for
58     participation in the [pilot] program.
59          (3) (a) There is established the Children's Hearing Aid Advisory Committee.
60          (b) The committee shall be composed of five members appointed by the executive
61     director, and shall include:
62          (i) one audiologist with pediatric expertise;
63          (ii) one speech language pathologist;
64          (iii) one teacher, certified under Title 53A, State System of Public Education, as a
65     teacher of the deaf or a listening and spoken language therapist;
66          (iv) one ear, nose, and throat specialist; and
67          (v) one parent [who has a child older than three years old with hearing loss.] whose
68     child:
69          (A) is six years old or older; and
70          (B) has hearing loss.
71          (c) A majority of the members constitutes a quorum.
72          (d) A vote of the majority of the members, with a quorum present, constitutes an action
73     of the committee.
74          (e) The committee shall elect a chair from its members.
75          (f) The committee shall:
76          (i) meet at least quarterly;
77          (ii) recommend to the department medical criteria and procedures for selecting children
78     who may qualify for assistance from the account; and
79          (iii) review rules developed by the department.
80          (g) A member may not receive compensation or benefits for the member's service, but
81     may receive per diem and travel expenses in accordance with Sections 63A-3-106 and
82     63A-3-107 and rules made by the Division of Finance, pursuant to Sections 63A-3-106 and
83     63A-3-107.
84          (h) The department shall provide staff to the committee.
85          (4) (a) There is created within the General Fund a restricted account known as the
86     "Children's Hearing Aid [Pilot] Program Restricted Account."
87          (b) The Children's Hearing Aid [Pilot] Program Restricted Account shall consist of:
88          (i) amounts appropriated to the account by the Legislature; and
89          (ii) gifts, grants, devises, donations, and bequests of real property, personal property, or
90     services, from any source, or any other conveyance that may be made to the account from
91     private sources.
92          (c) Upon appropriation, all actual and necessary operating expenses for the committee
93     [under] described in Subsection (3) shall be paid by the account.
94          (d) Upon appropriation, no more than 9% of the account money may be used for
95     [administrative or other expenses of the department] the department's expenses.
96          (e) If this account is repealed in accordance with Section 63I-1-226, any remaining
97     assets in the account shall be deposited into the General Fund.
98          (5) The department shall make rules [establishing a process to], in accordance with
99     Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish procedures for:
100          (a) [identify] identifying the children who are financially eligible to receive services
101     under the [pilot] program; and
102          (b) [review and pay] reviewing and paying for services provided to a child under the
103     [pilot] program.
104          [(6) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
105     Administrative Rulemaking Act, regarding implementation of the pilot program created under
106     this section.]
107          [(7) The services provided under the pilot program created by this section:]
108          [(a) do not constitute a legal right or an entitlement of any kind; and]
109          [(b) may be withdrawn from a person at any time without notice and without cause.]
110          [(8) (a) The department shall make midterm and final reports to the Health and Human
111     Services Interim Committee.]
112          [(b) The midterm and final reports shall identify the operation and accomplishments of
113     the pilot program described in this section.]
114          [(c) The final report shall:]
115          [(i) recommend whether the Legislature should convert the pilot program to an ongoing
116     program within the department; and]
117          [(ii) recommend statutory changes, if any, relating to the program.]
118          [(9) The Health and Human Services Interim Committee shall:]
119          [(a) determine whether the pilot program described in this section should be converted
120     to an ongoing program within the department; and]
121          [(b) if the Health and Human Services Interim Committee determines that the pilot
122     program should be converted to an ongoing program, prepare legislation to implement that
123     conversion.]
124          (6) The department shall, before December 1 of each year, submit a report to the
125     Health and Human Services Interim Committee that describes the operation and
126     accomplishments of the program.
127          Section 2. Section 63I-1-226 is amended to read:
128          63I-1-226. Repeal dates, Title 26.
129          (1) Title 26, Chapter 9f, Utah Digital Health Service Commission Act, is repealed July
130     1, 2015.
131          (2) Section 26-10-11 is repealed July 1, [2015] 2020.
132          (3) Section 26-18-12, Expansion of 340B drug pricing programs, is repealed July 1,
133     2013.
134          (4) Section 26-21-23, Licensing of non-Medicaid nursing care facility beds, is repealed
135     July 1, 2018.
136          (5) Section 26-21-211 is repealed July 1, 2013.
137          (6) Title 26, Chapter 33a, Utah Health Data Authority Act, is repealed July 1, 2024.
138          (7) Title 26, Chapter 36a, Hospital Provider Assessment Act, is repealed July 1, 2016.
139          (8) Section 26-38-2.5 is repealed July 1, 2017.
140          (9) Section 26-38-2.6 is repealed July 1, 2017.
141          (10) Title 26, Chapter 56, Hemp Extract Registration Act, is repealed July 1, 2016.
142          Section 3. Appropriation.
143          Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, for
144     the fiscal year beginning July 1, 2015, and ending July 1, 2016, the following sums of money
145     are appropriated from resources not otherwise appropriated, or reduced from amounts
146     previously appropriated, out of the funds or accounts indicated. Theses sums of money are in
147     addition to any amounts previously appropriated for fiscal year 2016.
148          To General Fund Restricted - Children's Hearing Aid Program Account
149               From General Fund, ongoing
$100,000

150               Schedule of Programs:
151                    General Fund Restricted - Children's Hearing Aid
152                    Program Account                         $100,000
153          To Department of Health - Family Health and Preparedness
154               From General Fund Restricted - Children's Hearing
155               Aid Program Account, ongoing
$100,000

156               Schedule of Programs:
157                    Children with Special Health Care Needs          $100,000
158          The Legislature intends that the Department of Health use appropriations under this
159     section to provide hearing aids to children consistent with Section 26-10-11.
160          Section 4. Effective date.
161          This bill takes effect on July 1, 2015.




Legislative Review Note
     as of 11-21-14 11:09 AM

Office of Legislative Research and General Counsel