Senator Allen M. Christensen proposes the following substitute bill:




Chief Sponsor: Brad M. Daw

Senate Sponsor: Allen M. Christensen


8     General Description:
9          This bill modifies and enacts provisions relating to substance use treatment and health
10     care provided in a correctional facility.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     directs the Department of Health to apply for a waiver under the state Medicaid plan
15     to offer a program to provide Medicaid coverage to certain inmates for up to 30
16     days before release from a correctional facility;
17          ▸     requires a county to provide matching funds to the state for Medicaid coverage, and
18     costs relating to the Medicaid coverage, that is provided to certain inmates for up to
19     30 days before release from a correctional facility; and
20          ▸     makes technical changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:

26     ENACTS:
27          26-18-420, Utah Code Annotated 1953

29     Be it enacted by the Legislature of the state of Utah:
30          Section 1. Section 26-18-420 is enacted to read:
31          26-18-420. Medicaid waiver for coverage of qualified inmates leaving prison or
32     jail.
33          (1) As used in this section:
34          (a) "Correctional facility" means:
35          (i) a county jail;
36          (ii) the Department of Corrections, created in Section 64-13-2; or
37          (iii) a prison, penitentiary, or other institution operated by or under contract with the
38     Department of Corrections for the confinement of an offender, as defined in Section 64-13-1.
39          (b) "Qualified inmate" means an individual who:
40          (i) is incarcerated in a correctional facility; and
41          (ii) has:
42          (A) a chronic physical or behavioral health condition;
43          (B) a mental illness, as defined in Section 62A-15-602; or
44          (C) an opioid use disorder.
45          (2) Before July 1, 2020, the division shall apply for a Medicaid waiver or a state plan
46     amendment with CMS to offer a program to provide Medicaid coverage to a qualified inmate
47     for up to 30 days immediately before the day on which the qualified inmate is released from a
48     correctional facility.
49          (3) If the waiver or state plan amendment described in Subsection (2) is approved, the
50     department shall report to the Health and Human Services Interim Committee each year before
51     November 30 while the waiver or state plan amendment is in effect regarding:
52          (a) the number of qualified inmates served under the program;
53          (b) the cost of the program; and
54          (c) the effectiveness of the program, including:
55          (i) any reduction in the number of emergency room visits or hospitalizations by
56     inmates after release from a correctional facility;

57          (ii) any reduction in the number of inmates undergoing inpatient treatment after release
58     from a correctional facility;
59          (iii) any reduction in overdose rates and deaths of inmates after release from a
60     correctional facility; and
61          (iv) any other costs or benefits as a result of the program.
62          (4) If the waiver or state plan amendment described in Subsection (2) is approved, a
63     county that is responsible for the cost of a qualified inmate's medical care shall provide the
64     required matching funds to the state for:
65          (a) any costs to enroll the qualified inmate for the Medicaid coverage described in
66     Subsection (2); and
67          (b) the Medicaid coverage that is provided to the qualified inmate under Subsection
68     (2).