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7 LONG TITLE
8 General Description:
9 This bill requires the Department of Health to request a waiver and apply for grants
10 related to certain health care services.
11 Highlighted Provisions:
12 This bill:
13 ▸ requires the Department of Health (department) to apply for Title X grants from the
14 United States Department of Health and Human Services;
15 ▸ requires the department to request a waiver from federal restrictions on funding
16 based partly on certain services being offered to a minor without consent from a
17 parent or guardian; and
18 ▸ if the department receives a grant, requires the department to disburse grant funds
19 according to certain prioritization criteria.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 ENACTS:
26 26-1-41, Utah Code Annotated 1953
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28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 26-1-41 is enacted to read:
30 26-1-41. Health care grant requests and funding.
31 (1) Any time the United States Department of Health and Human Services accepts
32 grant applications, the department shall apply for a grant under Title X of the Public Health
33 Service Act, 42 U.S.C. Sec. 300 et seq.
34 (2) (a) As part of the application described in Subsection (1), the department shall
35 request that the United States Department of Health and Human Services waive the
36 requirement of the department to comply with requirements found in 42 C.F.R. Sec. 59.5(a)(4)
37 pertaining to providing certain services to a minor without parental consent.
38 (b) If the department's application described in Subsection (1) is denied, and at such
39 time the United States Department of Health and Human Services creates a waiver application
40 process, the department shall apply for a waiver from compliance with the requirements found
41 in 42 C.F.R. Sec. 59.5(a)(4) pertaining to providing certain services to a minor without parental
42 consent in order to be eligible for a grant under Title X of the Public Health Service Act, 42
43 U.S.C. Sec. 300 et seq.
44 (3) If the department receives a grant under Subsection (1), the department shall
45 prioritize disbursement of grant funds in the prioritization order described in Subsection (4).
46 (4) (a) (i) When disbursing grant funds, the department shall give first priority to
47 nonpublic entities that provide family planning services as well as other comprehensive
48 services to enable women to give birth and parent or place for adoption.
49 (ii) The department shall give preference to entities described in Subsection (4)(a)(i)
50 that:
51 (A) expand availability of prenatal and postnatal care in low-income and under-served
52 areas of the state;
53 (B) provide support for a woman to carry a baby to term;
54 (C) emphasize the health and viability of the fetus; and
55 (D) provide education and maternity support.
56 (iii) If the department receives applications from qualifying nonpublic entities as
57 described in Subsection (4)(a), the department shall disburse all of the grant funds to qualifying
58 nonpublic entities described in Subsection (4)(a).
59 (b) If grant funds are not exhausted under Subsection (4)(a), or if no entity qualifies for
60 grant funding under the criteria described in Subsection (4)(a), the department shall give
61 second priority for grant funds to nonpublic entities that provide:
62 (i) family planning services; and
63 (ii) required primary health services as described in 42 U.S.C. Sec. 254b(b)(1)(A).
64 (c) If grant funds are not exhausted under Subsections (4)(a) and (b), or if no entity
65 qualifies for grant funding under the criteria described in Subsection (4)(a) or (b), the
66 department shall give third priority for grant funds to public entities that provide family
67 planning services, including state, county, or local community health clinics, and community
68 action organizations.
69 (d) If grant funds are not exhausted under Subsections (4)(a), (b), and (c), or if no
70 entity qualifies for grant funding under the criteria described in Subsection (4)(a), (b), or (c),
71 the department shall give fourth priority for grant funds to nonpublic entities that provide
72 family planning services but do not provide required primary health services as described in 42
73 U.S.C. Sec. 254b(b)(1)(A).