1     
CHILDREN'S HEALTH INSURANCE PLAN AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: James A. Dunnigan

5     
Senate Sponsor: Todd D. Weiler

6     Cosponsor:
7     Karen Kwan


8     

9     LONG TITLE
10     General Description:
11          This bill amends the Utah Children's Health Insurance Act.
12     Highlighted Provisions:
13          This bill:
14          ▸     adds treatment for autism spectrum disorder to the program benefits within the Utah
15     Children's Health Insurance Program.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          26-40-106, as last amended by Laws of Utah 2020, Chapter 225
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 26-40-106 is amended to read:
26          26-40-106. Program benefits.
27          (1) Except as provided in Subsection (3), medical and dental program benefits shall be
28     benchmarked, in accordance with 42 U.S.C. Sec. 1397cc, as follows:

29          (a) medical program benefits, including behavioral health care benefits, shall be
30     benchmarked effective July 1, 2019, and on July 1 every third year thereafter, to:
31          (i) be substantially equal to a health benefit plan with the largest insured commercial
32     enrollment offered by a health maintenance organization in the state; and
33          (ii) comply with the Mental Health Parity and Addiction Equity Act, Pub. L. No.
34     110-343; and
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
38     largest insured, commercial, non-Medicaid enrollment of covered lives that is offered in the
39     state, except that the utilization review mechanism for orthodontia shall be based on medical
40     necessity.
41          (2) On or before July 1 of each year, the department shall publish the benchmark for
42     dental program benefits established under Subsection (1)(b).
43          (3) The program benefits:
44          (a) for enrollees who are at or below 100% of the federal poverty level are exempt
45     from the benchmark requirements of Subsections (1) and (2)[.]; and
46          (b) shall include treatment for autism spectrum disorder as defined in Section
47     31A-22-642, which:
48          (i) shall include coverage for applied behavioral analysis; and
49          (ii) if the benchmark described in Subsection (1)(a) does not include the coverage
50     described in this Subsection (3)(b), the department shall exclude from the benchmark described
51     in Subsection (1)(a) for any purpose other than providing benefits under the program.