2
3
4
5
6
7 LONG TITLE
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
31
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; [
43 (h) Primary Care Grant Committee[
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:
52
53
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:
85
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 a
94 qualified provider the information specified by the department under Subsection 26-67-204(5).
95 (b) As funding permits, the department shall award a grant from the program on behalf
96 of an applicant in accordance with criteria established by the department, in collaboration with
97 the advisory committee, by rule made in accordance with Title 63G, Chapter 3, Utah
98 Administrative Rulemaking Act.
99 (c) A grant shall:
100 (i) be for a specific amount;
101 (ii) cover a specific period, not to exceed five years; and
102 (iii) be disbursed incrementally, if appropriate.
103 (d) The department shall transmit a grant awarded on behalf of an applicant to a
104 qualified provider designated by the applicant.
105 (4) A qualified provider that receives a grant for the treatment of a qualified individual
106 shall:
107 (a) use the grant only for treatment of the qualified individual;
108 (b) submit any reports that are required by the department; and
109 (c) notify the department within seven days if:
110 (i) the qualified individual:
111 (A) has not received treatment from the qualified provider for 10 consecutive days;
112 (B) is no longer receiving treatment from the qualified provider; or
113 (C) is no longer a qualified individual; or
114 (ii) the qualified provider is no longer a qualified provider.
115 (5) A qualified provider that receives a grant for the treatment of a qualified individual
116 shall refund any amount to the department on a prorated basis for each day that:
117 (a) the qualified provider is no longer a qualified provider;
118 (b) the individual is no longer a qualified individual; or
119 (c) the qualified provider does not provide services to a qualified individual.
120 Section 5. Section 26-67-202 is enacted to read:
121 26-67-202. Adult Autism Treatment Program Advisory Committee -- Membership
122 -- Procedures -- Compensation -- Duties -- Expenses.
123 (1) The Adult Autism Treatment Advisory Committee created in Section 26-1-7 shall
124 consist of six members appointed by the governor to two-year terms as follows:
125 (a) one individual who:
126 (i) has a doctorate degree in psychology;
127 (ii) is a licensed behavior analyst practicing in the state; and
128 (iii) has treated adults with an autism spectrum disorder for at least three years;
129 (b) one individual who is:
130 (i) employed by the department; and
131 (ii) has professional experience with the treatment of autism spectrum disorder;
132 (c) three individuals who have firsthand experience with autism spectrum disorders and
133 the effects, diagnosis, treatment, and rehabilitation of autism spectrum disorders, including:
134 (i) family members of an adult with an autism spectrum disorder;
135 (ii) representatives of an association that advocates for adults with an autism spectrum
136 disorder; and
137 (iii) specialists or professionals who work with adults with an autism spectrum
138 disorder; and
139 (d) one individual who is:
140 (i) a health insurance professional;
141 (ii) holds a Doctor of Medicine or Doctor of Philosophy degree, with professional
142 experience relating to the treatment of autism spectrum disorder; and
143 (iii) has a knowledge of autism benefits and therapy that are typically covered by the
144 health insurance industry.
145 (2) (a) Notwithstanding Subsection (1), the governor shall, at the time of appointment
146 or reappointment, adjust the length of terms to ensure the terms of members are staggered so
147 that approximately half of the advisory committee is appointed every year.
148 (b) If a vacancy occurs in the membership of the advisory committee, the governor may
149 appoint a replacement for the unexpired term.
150 (3) (a) The advisory committee shall annually elect a chair from its membership.
151 (b) A majority of the advisory committee constitutes a quorum at any meeting and, if a
152 quorum exists, the action of the majority of members present is the action of the advisory
153 committee.
154 (4) The advisory committee shall meet as necessary to:
155 (a) advise the department regarding implementation of the program;
156 (b) make recommendations to the department and the Legislature for improving the
157 program; and
158 (c) before October 1 each year, provide a written report of the advisory committee's
159 activities and recommendations to:
160 (i) the executive director;
161 (ii) the Health and Human Services Interim Committee; and
162 (iii) the Social Services Appropriations Subcommittee.
163 (5) The advisory committee shall comply with the procedures and requirements of:
164 (a) Title 52, Chapter 4, Open and Public Meetings Act; and
165 (b) Title 63G, Chapter 2, Government Records Access and Management Act.
166 (6) A member may not receive compensation or benefits for the member's service, but
167 may receive per diem and travel expenses in accordance with:
168 (a) Section 63A-3-106;
169 (b) Section 63A-3-107; and
170 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
171 63A-3-107.
172 (7) (a) The department shall staff the advisory committee.
173 (b) Expenses of the advisory committee, including the cost of advisory committee staff
174 if approved by the executive director, may be paid only with funds from the Adult Autism
175 Treatment Account.
176 Section 6. Section 26-67-203 is enacted to read:
177 26-67-203. Provider qualifications.
178 The department shall designate a provider as a qualified provider if the provider:
179 (1) is able to treat a qualified individual's condition through:
180 (a) one or more evidence-based treatments, including applied behavior analysis;
181 (b) individualized, client-centered treatment;
182 (c) any method that engages the qualified individual's family members in the treatment
183 process; and
184 (d) measured development of the qualified individual's pre-vocational, vocational, and
185 daily-living skills; and
186 (2) provides treatment to a qualified individual through:
187 (a) a behavior analyst licensed under Title 58, Chapter 61, Part 7, Behavior Analyst
188 Licensing Act; or
189 (b) a psychologist who is licensed under Title 58, Chapter 61, Psychologist Licensing
190 Act.
191 Section 7. Section 26-67-204 is enacted to read:
192 26-67-204. Department rulemaking.
193 The department, in collaboration with the advisory committee, shall make rules in
194 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:
195 (1) specify assessment tools and outcomes that a qualified provider may use to
196 determine the types of supports that a qualified individuals needs;
197 (2) define evidence-based treatments that a qualified individual may pay for with grant
198 funding;
199 (3) establish criteria for awarding a grant under this chapter;
200 (4) specify the information that an individual shall submit to demonstrate that the
201 individual is a qualified individual;
202 (5) specify the information a provider shall submit to demonstrate that the provider is a
203 qualified provider; and
204 (6) specify the content and timing of reports required from a qualified provider,
205 including a report on actual and projected treatment outcomes for a qualified individual.
206 Section 8. Section 26-67-205 is enacted to read:
207 26-67-205. Adult Autism Treatment Account.
208 (1) There is created within the General Fund a restricted account known as the "Adult
209 Autism Treatment Account."
210 (2) The account consists of:
211 (a) gifts, grants, donations, or any other conveyance of money that may be made to the
212 fund from private sources;
213 (b) interest earned on money in the account; and
214 (c) money appropriated to the account by the Legislature.
215 (3) Money from the fund shall be used only to:
216 (a) fund grants awarded by the department under Section 26-67-201; and
217 (b) pay the advisory committee's operating expenses, including the cost of advisory
218 committee staff if approved by the executive director.
219 (4) The state treasurer shall invest the money in the account in accordance with Title
220 51, Chapter 7, State Money Management Act.