This document includes House Committee Amendments incorporated into the bill on Tue, Feb 16, 2021 at 3:01 PM by lfindlay.



Chief Sponsor: James A. Dunnigan

Senate Sponsor: Todd D. Weiler


8     General Description:
9          This bill amends the Utah Children's Health Insurance Act.
10     Highlighted Provisions:
11          This bill:
12          ▸     adds treatment for autism spectrum disorder to the program benefits within the Utah
13     Children's Health Insurance Program.
14     Money Appropriated in this Bill:
15          None
16     Other Special Clauses:
17          None
18     Utah Code Sections Affected:
19     AMENDS:
20          26-40-106, as last amended by Laws of Utah 2020, Chapter 225

22     Be it enacted by the Legislature of the state of Utah:
23          Section 1. Section 26-40-106 is amended to read:
24          26-40-106. Program benefits.
25          (1) Except as provided in Subsection (3), medical and dental program benefits shall be
26     benchmarked, in accordance with 42 U.S.C. Sec. 1397cc, as follows:
27          (a) medical program benefits, including behavioral health care benefits, shall be
28     benchmarked effective July 1, 2019, and on July 1 every third year thereafter, to:

29          (i) be substantially equal to a health benefit plan with the largest insured commercial
30     enrollment offered by a health maintenance organization in the state; [and] Ĥ→ and ←Ĥ
31          (ii) comply with the Mental Health Parity and Addiction Equity Act, Pub. L. No.
32     110-343; and
33          Ĥ→ [
(iii) provide treatment for autism spectrum disorder as defined in Section 31A-22-642,
34     including coverage for applied behavioral analysis; and
] ←Ĥ

35          (b) dental program benefits shall be benchmarked effective July 1, 2019, and on July 1
36     every third year thereafter in accordance with the Children's Health Insurance Program
37     Reauthorization Act of 2009, to be substantially equal to a dental benefit plan that has the largest
38     insured, commercial, non-Medicaid enrollment of covered lives that is offered in the state,
39     except that the utilization review mechanism for orthodontia shall be based on medical necessity.
40          (2) On or before July 1 of each year, the department shall publish the benchmark for
41     dental program benefits established under Subsection (1)(b).
42          (3) The program benefits Ĥ→ :
42a          (a) ←Ĥ for enrollees who are at or below 100% of the federal poverty
43     level are exempt from the benchmark requirements of Subsections (1) and (2) Ĥ→ [
.] ; and
43a          (b) shall include treatment for autism spectrum disorder as defined in Section
43b     31A-22-642, which:
43c          (i) shall include coverage for applied behavioral analysis; and
43d          (ii) if the benchmark described in Subsection (1)(a) does not include the coverage
43e     described in this Subsection (3)(b), the department shall exclude from the benchmark
43f     described in Subsection (1)(a) for any purpose other than providing benefits under the
43g     program. ←Ĥ