Representative Stewart E. Barlow proposes the following substitute bill:


1     
CHILDREN'S HEARING AID PROGRAM AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Rex P. Shipp

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions relating to the Children's Hearing Aid Program.
10     Highlighted Provisions:
11          This bill:
12          ▸     requires the Department of Health to keep a record of the cost of providing a
13     hearing aid to each child under the Children's Hearing Aid Program;
14          ▸     requires the department to send a letter to a family that participates in the Children's
15     Hearing Aid Program informing the family of how it may donate to the program;
16     and
17          ▸     repeals a reporting requirement and sunset date.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          26-10-11, as last amended by Laws of Utah 2019, Chapter 349
25          63I-1-226, as last amended by Laws of Utah 2020, Chapters 19, 154, 172, 181, 221,
26     232, 303, 347, and 429
27     

28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 26-10-11 is amended to read:
30          26-10-11. Children's Hearing Aid Program -- Advisory Committee -- Restricted
31     Account -- Rulemaking.
32          (1) The department shall offer a program to provide hearing aids to children who
33     qualify under this section.
34          (2) The department shall provide hearing aids to a child who:
35          (a) is younger than six years old;
36          (b) is a resident of Utah;
37          (c) has been diagnosed with hearing loss by:
38          (i) an audiologist with pediatric expertise; and
39          (ii) a physician or physician assistant;
40          (d) provides documentation from an audiologist with pediatric expertise certifying that
41     the child needs hearing aids;
42          (e) has obtained medical clearance by a medical provider for hearing aid fitting;
43          (f) does not qualify to receive a contribution that equals the full cost of a hearing aid
44     from the state's Medicaid program or the Utah Children's Health Insurance Program; and
45          (g) meets the financial need qualification criteria established by the department by rule,
46     made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for
47     participation in the program.
48          (3) (a) There is established the Children's Hearing Aid Advisory Committee.
49          (b) The committee shall be composed of five members appointed by the executive
50     director, and shall include:
51          (i) one audiologist with pediatric expertise;
52          (ii) one speech language pathologist;
53          (iii) one teacher, certified under Title 53E, Public Education System -- State
54     Administration, as a teacher of the deaf or a listening and spoken language therapist;
55          (iv) one ear, nose, and throat specialist; and
56          (v) one parent whose child:
57          (A) is six years old or older; and
58          (B) has hearing loss.
59          (c) A majority of the members constitutes a quorum.
60          (d) A vote of the majority of the members, with a quorum present, constitutes an action
61     of the committee.
62          (e) The committee shall elect a chair from its members.
63          (f) The committee shall:
64          (i) meet at least quarterly;
65          (ii) recommend to the department medical criteria and procedures for selecting children
66     who may qualify for assistance from the account; and
67          (iii) review rules developed by the department.
68          (g) A member may not receive compensation or benefits for the member's service, but
69     may receive per diem and travel expenses in accordance with Sections 63A-3-106 and
70     63A-3-107 and rules made by the Division of Finance, pursuant to Sections 63A-3-106 and
71     63A-3-107.
72          (h) The department shall provide staff to the committee.
73          (4) (a) There is created within the General Fund a restricted account known as the
74     "Children's Hearing Aid Program Restricted Account."
75          (b) The Children's Hearing Aid Program Restricted Account shall consist of:
76          (i) amounts appropriated to the account by the Legislature; and
77          (ii) gifts, grants, devises, donations, and bequests of real property, personal property, or
78     services, from any source, or any other conveyance that may be made to the account from
79     private sources.
80          (c) Upon appropriation, all actual and necessary operating expenses for the committee
81     described in Subsection (3) shall be paid by the account.
82          (d) Upon appropriation, no more than 9% of the account money may be used for the
83     department's expenses.
84          (e) If this account is repealed in accordance with Section 63I-1-226, any remaining
85     assets in the account shall be deposited into the General Fund.
86          (5) (a) For each child who receives a hearing aid under Subsection (2), the department
87     shall maintain a record of the cost of providing services to the child under this section.
88          (b) No more than six months after services are provided to a child under this section,
89     the department shall send a letter to the family of the child who received services that includes
90     information regarding:
91          (i) the total amount paid by the department to provide services to the child under this
92     section; and
93          (ii) the process by which the family may donate all or part of the amount paid to
94     provide services to the child to fund the Children's Hearing Aid Program.
95          (c) All donations made under Subsection (6)(c) shall be deposited into the Children's
96     Hearing Aid Program Restricted Account created in Subsection (4)(a).
97          [(5)] (6) The department shall make rules, in accordance with Title 63G, Chapter 3,
98     Utah Administrative Rulemaking Act, to establish procedures for:
99          (a) identifying the children who are financially eligible to receive services under the
100     program; [and]
101          (b) reviewing and paying for services provided to a child under the program[.]; and
102          (c) an individual to donate to the program all or part of the cost of providing services to
103     a child under this section, without regard to whether the donation is made in response to the
104     letter described in Subsection (5)(b).
105          [(6) The department shall, before December 1 of each year, submit a report to the
106     Health and Human Services Interim Committee that describes the operation and
107     accomplishments of the program.]
108          Section 2. Section 63I-1-226 is amended to read:
109          63I-1-226. Repeal dates, Title 26.
110          (1) Subsection 26-1-7(1)(f), related to the Residential Child Care Licensing Advisory
111     Committee, is repealed July 1, 2024.
112          (2) Subsection 26-1-7(1)(h), related to the Primary Care Grant Committee, is repealed
113     July 1, 2025.
114          (3) Section 26-1-7.5, which creates the Utah Health Advisory Council, is repealed July
115     1, 2025.
116          (4) Section 26-1-40 is repealed July 1, 2022.
117          (5) Section 26-1-41 is repealed July 1, 2026.
118          [(6) Section 26-7-10 is repealed July 1, 2025.]
119          [(7)] (6) Subsection 26-7-11(5), regarding reports to the Legislature, is repealed July 1,
120     2028.
121          [(8)] (7) Section 26-7-14 is repealed December 31, 2027.
122          [(9)] (8) Title 26, Chapter 9f, Utah Digital Health Service Commission Act, is repealed
123     July 1, 2025.
124          [(10)] (9) Subsection 26-10-6(5), which creates the Newborn Hearing Screening
125     Committee, is repealed July 1, 2026.
126          [(11)] (10) Section 26-10-11 is repealed July 1, 2025.
127          [(12)] (11) Section 26-10b-106, which creates the Primary Care Grant Committee, is
128     repealed July 1, 2025.
129          [(13)] (12) Title 26, Chapter 18, Part 2, Drug Utilization Review Board, is repealed
130     July 1, 2027.
131          [(14) Subsection 26-18-417(3) relating to a report to the Health and Human services
132     Interim Committee is repealed July 1, 2020.]
133          [(15)] (13) Subsection 26-18-418(2), the language that states "and the Behavioral
134     Health Crisis Response Commission created in Section 63C-18-202" is repealed July 1, 2023.
135          [(16)] (14) Title 26, Chapter 18a, Kurt Oscarson Children's Organ Transplant
136     Coordinating Committee, is repealed July 1, 2021.
137          [(17)] (15) Section 26-33a-117 is repealed on December 31, 2023.
138          [(18)] (16) Title 26, Chapter 33a, Utah Health Data Authority Act, is repealed July 1,
139     2024.
140          [(19)] (17) Title 26, Chapter 36b, Inpatient Hospital Assessment Act, is repealed July
141     1, 2024.
142          [(20)] (18) Title 26, Chapter 36c, Medicaid Expansion Hospital Assessment Act, is
143     repealed July 1, 2024.
144          [(21)] (19) Title 26, Chapter 36d, Hospital Provider Assessment Act, is repealed July
145     1, 2024.
146          [(22)] (20) Section 26-39-201, which creates the Residential Child Care Licensing
147     Advisory Committee, is repealed July 1, 2024.
148          [(23)] (21) Section 26-40-104, which creates the Utah Children's Health Insurance
149     Program Advisory Council, is repealed July 1, 2025.
150          [(24)] (22) Section 26-50-202, which creates the Traumatic Brain Injury Advisory
151     Committee, is repealed July 1, 2025.
152          [(25)] (23) Title 26, Chapter 54, Spinal Cord and Brain Injury Rehabilitation Fund and
153     Pediatric Neuro-Rehabilitation Fund, is repealed January 1, 2025.
154          [(26)] (24) Title 26, Chapter 63, Nurse Home Visiting Pay-for-Success Program, is
155     repealed July 1, 2026.
156          [(27)] (25) Title 26, Chapter 66, Early Childhood Utah Advisory Council, is repealed
157     July 1, 2026.