This document includes Senate Committee Amendments incorporated into the bill on Mon, Feb 24, 2020 at 8:43 AM by lpoole.
This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Thu, Feb 27, 2020 at 3:55 PM by lpoole.
This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Mon, Mar 2, 2020 at 11:52 AM by lpoole.



Chief Sponsor: Craig Hall

Senate Sponsor: Curtis S. Bramble


8     General Description:
9          This bill creates the Adult Autism Treatment Program.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     creates the Adult Autism Treatment Program within the Department of Health;
14          ▸     describes the operation of the program; and
15          ▸     creates the Adult Autism Treatment Account.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          26-1-7, as last amended by Laws of Utah 2017, Chapter 419
23     ENACTS:
24          26-67-101, Utah Code Annotated 1953
25          26-67-102, Utah Code Annotated 1953
26          26-67-201, Utah Code Annotated 1953
27          26-67-202, Utah Code Annotated 1953

28          26-67-203, Utah Code Annotated 1953
29          26-67-204, Utah Code Annotated 1953
30          26-67-205, Utah Code Annotated 1953

32     Be it enacted by the Legislature of the state of Utah:
33          Section 1. Section 26-1-7 is amended to read:
34          26-1-7. Committees within department.
35          (1) There are created within the department the following committees:
36          (a) Health Facility Committee;
37          (b) State Emergency Medical Services Committee;
38           (c) Air Ambulance Committee;
39          (d) Health Data Committee;
40          (e) Utah Health Care Workforce Financial Assistance Program Advisory Committee;
41          (f) Residential Child Care Licensing Advisory Committee;
42          (g) Child Care Center Licensing Committee; [and]
43          (h) Primary Care Grant Committee[.]; and
44          (i) Adult Autism Treatment Program Advisory Committee.
45          (2) The department shall:
46          (a) consolidate advisory groups and committees with other committees or advisory
47     groups as appropriate to create greater efficiencies and budgetary savings for the department;
48     and
49          (b) create in writing, time-limited and subject-limited duties for the advisory groups or
50     committees as necessary to carry out the responsibilities of the department.
51          Section 2. Section 26-67-101 is enacted to read:

Part 1. General Provisions

54          26-67-101. Title.
55          This chapter is known as the "Adult Autism Treatment Program."
56          Section 3. Section 26-67-102 is enacted to read:
57          26-67-102. Definitions.
58          As used in this chapter:

59          (1) "Adult Autism Treatment Account" means the Adult Autism Treatment Account
60     created in Section 26-67-204.
61          (2) "Advisory committee" means the Adult Autism Treatment Program Advisory
62     Committee created in Section 26-1-7.
63          (3) "Applied behavior analysis" means the same as that term is defined in Section
64     31A-22-642.
65          (4) "Autism spectrum disorder" means the same as that term is defined in Section
66     31A-22-642.
67          (5) "Program" means the Adult Autism Treatment Program created in Section
68     26-67-201.
69          (6) "Qualified individual" means an individual who:
70          (a) is at least 22 years of age;
71          (b) is a resident of the state;
72          (c) has been diagnosed by a qualified professional as having:
73          (i) an autism spectrum disorder; or
74          (ii) another neurodevelopmental disorder requiring significant supports through
75     treatment using applied behavior analysis; and
76          (d) needs significant supports for a condition described in Subsection (6)(c), as
77     demonstrated by formal assessments of the individual's:
78          (i) cognitive ability;
79          (ii) adaptive ability;
80          (iii) behavior; and
81          (iv) communication ability.
82          (7) "Qualified provider" means a provider that is qualified under Section 26-67-202 to
83     provide services for the program.
84          Section 4. Section 26-67-201 is enacted to read:
Part 2. Program

86          26-67-201. Adult Autism Treatment Program -- Creation -- Requirements --
87     Reporting.
88          (1) There is created within the department the Adult Autism Treatment Program.
89          (2) (a) The program shall be administered by the department in collaboration with the

90     advisory committee.
91          (b) The program shall be funded only with money from the Adult Autism Treatment
92     Account.
93          (3) (a) An individual may apply for a grant from the program by submitting to Ŝ→ [
94     department information documenting to the satisfaction of the department that the individual is
95     a qualified individual.
] a qualified provider the information specified by the department under

95a     Subsection 26-67-204(5). ←Ŝ
96          (b) As funding permits, the department shall award a grant from the program on behalf
97     of an applicant in accordance with criteria established by the department, in collaboration with
98     the advisory committee, by rule made in accordance with Title 63G, Chapter 3, Utah
99     Administrative Rulemaking Act.
100          (c) A grant shall:
101          (i) be for a specific amount;
102          (ii) cover a specific period, not to exceed five years; and
103          (iii) be disbursed incrementally, if appropriate.
104          (d) The department shall transmit a grant awarded on behalf of an applicant to a
105     qualified provider designated by the applicant.
106          (4) A qualified provider that receives a grant for the treatment of a qualified individual
107     shall:
108          (a) use the grant only for treatment of the qualified individual;
109          (b) submit any reports that are required by the department; and
110          (c) notify the department within seven days if:
111          (i) the qualified individual:
112          (A) has not received treatment from the qualified provider for 10 consecutive days;
113          (B) is no longer receiving treatment from the qualified provider; or
114          (C) is no longer a qualified individual; or
115          (ii) the qualified provider is no longer a qualified provider.
116          (5) A qualified provider that receives a grant for the treatment of a qualified individual
117     shall refund any amount to the department on a prorated basis for each day that:
118          (a) the qualified provider is no longer a qualified provider;
119          (b) the individual is no longer a qualified individual; or
120          (c) the qualified provider does not provide services to a qualified individual.

121          Section 5. Section 26-67-202 is enacted to read:
122          26-67-202. Adult Autism Treatment Program Advisory Committee -- Membership
123     -- Procedures -- Compensation-- Duties -- Expenses.
124          (1) The Adult Autism Treatment Advisory Committee created in Section 26-1-7 shall
125     consist of Ŝ→ [
five] six ←Ŝ members appointed by the governor to two-year terms as follows:
126          (a) one individual who:
127          (i) has a doctorate degree in psychology;
128          (ii) is a licensed behavior analyst practicing in the state; and
129          (iii) has treated adults with an autism spectrum disorder for at least three years;
130          (b) one individual who is:
131          (i) employed by the department; and
132          (ii) has professional experience with the treatment of autism spectrum disorder; Ŝ→ [
132a     ←Ŝ
133          (c) three individuals who have firsthand experience with autism spectrum disorders and
134     the effects, diagnosis, treatment, and rehabilitation of autism spectrum disorders, including:
135          (i) family members of an adult with an autism spectrum disorder;
136          (ii) representatives of an association that advocates for adults with an autism spectrum
137     disorder; and
138          (iii) specialists or professionals who work with adults with an autism spectrum
139     disorder Ŝ→ [
.] ; and
139a          (d) one individual who is Ŝ→ :
139a1          (i) ←Ŝ a health insurance professional Ŝ→ [
139a2          (ii) holds a Doctor of Medicine or Doctor of Philosophy degree, with professional
139a3     experience relating to the treatment of autism spectrum disorder; and
139af          (iii) ←Ŝ has a knowledge of autism
139b     benefits and therapy that are typically covered by the health insurance industry. ←Ŝ
140          (2) (a) Notwithstanding Subsection (1), the governor shall, at the time of appointment
141     or reappointment, adjust the length of terms to ensure the terms of members are staggered so
142     that approximately half of the advisory committee is appointed every year.
143          (b) If a vacancy occurs in the membership of the advisory committee, the governor may
144     appoint a replacement for the unexpired term.
145          (3) (a) The advisory committee shall annually elect a chair from its membership.
146          (b) A majority of the advisory committee constitutes a quorum at any meeting and, if a
147     quorum exists, the action of the majority of members present is the action of the advisory
148     committee.
149          (4) The advisory committee shall meet as necessary to:
150          (a) advise the department regarding implementation of the program;
151          (b) make recommendations to the department and the Legislature for improving the

152     program; and
153          (c) before October 1 each year, provide a written report of the advisory committee's
154     activities and recommendations to:
155          (i) the executive director;
156          (ii) the Health and Human Services Interim Committee; and
157          (iii) the Social Services Appropriations Subcommittee.
158          (5) The advisory committee shall comply with the procedures and requirements of:
159          (a) Title 52, Chapter 4, Open and Public Meetings Act; and
160          (b) Title 63G, Chapter 2, Government Records Access and Management Act.
161          (6) A member may not receive compensation or benefits for the member's service, but
162     may receive per diem and travel expenses in accordance with:
163          (a) Section 63A-3-106;
164          (b) Section 63A-3-107; and
165          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
166     63A-3-107.
167          (7) (a) The department shall staff the advisory committee.
168          (b) Expenses of the advisory committee, including the cost of advisory committee staff
169     if approved by the executive director, may be paid only with funds from the Adult Autism
170     Treatment Account.
171          Section 6. Section 26-67-203 is enacted to read:
172          26-67-203. Provider qualifications.
173          The department shall designate a provider as a qualified provider if the provider:
174          (1) is able to treat a qualified individual's condition through:
175          (a) one or more evidence-based treatments, including applied behavior analysis;
176          (b) individualized, client-centered treatment;
177          (c) any method that engages the qualified individual's family members in the treatment
178     process; and
179          (d) measured development of the qualified individual's pre-vocational, vocational, and
180     daily-living skills; and
181          (2) provides treatment to a qualified individual through:
182          (a) a behavior analyst licensed under Title 58, Chapter 61, Part 7, Behavior Analyst

183     Licensing Act; or
184          (b) a psychologist who is licensed under Title 58, Chapter 61, Psychologist Licensing
185     Act.
186          Section 7. Section 26-67-204 is enacted to read:
187          26-67-204. Department rulemaking.
188          The department, in collaboration with the advisory committee, shall make rules in
189     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:
190          (1) specify assessment tools and outcomes that a qualified provider may use to
191     determine the types of supports that a qualified individuals needs;
192          (2) define evidence-based treatments that a qualified individual may pay for with grant
193     funding;
194          (3) establish criteria for awarding a grant under this chapter;
195          (4) specify the information that an individual shall submit to demonstrate that the
196     individual is a qualified individual;
197          (5) specify the information a provider shall submit to demonstrate that the provider is a
198     qualified provider; and
199          (6) specify the content and timing of reports required from a qualified provider,
200     including a report on actual and projected treatment outcomes for a qualified individual.
201          Section 8. Section 26-67-205 is enacted to read:
202          26-67-205. Adult Autism Treatment Account.
203          (1) There is created within the General Fund a restricted account known as the "Adult
204     Autism Treatment Account."
205          (2) The account consists of:
206          (a) gifts, grants, donations, or any other conveyance of money that may be made to the
207     fund from private sources;
208          (b) interest earned on money in the account; and
209          (c) money appropriated to the account by the Legislature.
210          (3) Money from the fund shall be used only to:
211          (a) fund grants awarded by the department under Section 26-67-201; and
212          (b) pay the advisory committee's operating expenses, including the cost of advisory
213     committee staff if approved by the executive director.

214          (4) The state treasurer shall invest the money in the account in accordance with Title
215     51, Chapter 7, State Money Management Act.