This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Mon, Feb 6, 2023 at 2:56 PM by lpoole.
1     
HOSPITAL ASSESSMENT AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Evan J. Vickers

5     
House Sponsor: Steve Eliason

6     

7     LONG TITLE
8     General Description:
9          This bill amends the hospital provider assessment.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends factors that the Medicaid program incorporates into the accountable care
13     organization payment rate structure; and
14          ▸     extends the sunset for the hospital provider assessment.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          26-36d-205, as repealed and reenacted by Laws of Utah 2019, Chapter 455
22          63I-1-226, as last amended by Laws of Utah 2022, Chapters 194, 206, 224, 253, 255,
23     347, and 451
24     

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 26-36d-205 is amended to read:
27          26-36d-205. Medicaid hospital adjustment under accountable care organization

28     rates.
29          To preserve and improve access to hospital services, the division shall[, for accountable
30     care organization rates effective on or after April 1, 2013,] incorporate into the accountable
31     care organization rate structure calculation consistent with the certified actuarial rate range:
32          (1) $154,000,000 to be allocated toward the hospital inpatient directed payments for
33     the Medicaid eligibility categories covered in Utah before January 1, 2019; and
34          (2) an amount equal to the difference between payments made to hospitals by
35     accountable care organizations for the Medicaid eligibility categories covered in Utah [before
36     January 1, 2019], based on submitted encounter data and the maximum amount that could be
37     paid for those services [using Medicare payment principles] to be used for directed payments to
38     hospitals for inpatient and outpatient services.
38a     Ŝ→ (3) (a) To preserve and improve the quality of inpatient and outpatient hospital services
38b     authorized under (2), the division shall amend its quality strategies required by 42 C.F.R. Sec.
38c     438.340 to include quality measures selected from the CMS hospital quality improvement
38d     programs.
38e     (b) To better address the unique needs of rural and specialty hospitals, the division may adopt
38f     different quality standards for rural and specialty hospitals.
38g      (c) The division shall make rules in accordance with Title 63G, Chapter 3, Utah
38h     Administrative Rulemaking Act, to adopt the selected quality measures and prescribe
38i     penalties for not meeting the quality standards that are established by the division by rule.
38j     (d) The division shall apply the same quality measures and penalties under this Subsection (3)
38k     to new directed payments made to the University of Utah Hospital and Clinics. ←Ŝ
39          Section 2. Section 63I-1-226 is amended to read:
40          63I-1-226. Repeal dates: Title 26 through 26B.
41          (1) Section 26-1-7.5, which creates the Utah Health Advisory Council, is repealed July
42     1, 2025.
43          (2) Section 26-1-40 is repealed July 1, 2022.
44          (3) Section 26-1-41 is repealed July 1, 2026.
45          (4) Section 26-1-43 is repealed December 31, 2025.
46          (5) Section 26-7-10 is repealed July 1, 2025.
47          (6) Subsection 26-7-11(5), regarding reports to the Legislature, is repealed July 1,
48     2028.
49          (7) Section 26-7-14 is repealed December 31, 2027.
50          (8) Section 26-8a-603 is repealed July 1, 2027.
51          (9) Title 26, Chapter 9f, Utah Digital Health Service Commission Act, is repealed July
52     1, 2025.
53          (10) Subsection 26-10-6(5), which creates the Newborn Hearing Screening Committee,
54     is repealed July 1, 2026.
55          (11) Section 26-10b-106, which creates the Primary Care Grant Committee, is repealed
56     July 1, 2025.
57          (12) Subsection 26-15c-104(3), relating to a limitation on the number of
58     microenterprise home kitchen permits that may be issued, is repealed July 1, 2022.

59          (13) Subsection 26-18-2.6(9), which addresses reimbursement for dental hygienists, is
60     repealed July 1, 2028.
61          (14) Section 26-18-27 is repealed July 1, 2025.
62          (15) Section 26-18-28 is repealed June 30, 2027.
63          (16) Title 26, Chapter 18, Part 2, Drug Utilization Review Board, is repealed July 1,
64     2027.
65          (17) Subsection 26-18-418(2), the language that states "and the Behavioral Health
66     Crisis Response Commission created in Section 63C-18-202" is repealed July 1, 2023.
67          (18) Section 26-33a-117 is repealed December 31, 2023.
68          (19) Title 26, Chapter 33a, Utah Health Data Authority Act, is repealed July 1, 2024.
69          (20) Title 26, Chapter 36b, Inpatient Hospital Assessment Act, is repealed July 1,
70     2024.
71          (21) Title 26, Chapter 36c, Medicaid Expansion Hospital Assessment Act, is repealed
72     July 1, 2024.
73          (22) Title 26, Chapter 36d, Hospital Provider Assessment Act, is repealed July 1,
74     [2024] 2028.
75          (23) Section 26-39-201, which creates the Residential Child Care Licensing Advisory
76     Committee, is repealed July 1, 2024.
77          (24) Section 26-39-405, Drinking water quality in child care centers, is repealed July 1,
78     2027.
79          (25) Section 26-40-104, which creates the Utah Children's Health Insurance Program
80     Advisory Council, is repealed July 1, 2025.
81          (26) Section 26-50-202, which creates the Traumatic Brain Injury Advisory
82     Committee, is repealed July 1, 2025.
83          (27) Title 26, Chapter 54, Spinal Cord and Brain Injury Rehabilitation Fund and
84     Pediatric Neuro-Rehabilitation Fund, is repealed January 1, 2025.
85          (28) Title 26, Chapter 66, Early Childhood Utah Advisory Council, is repealed July 1,
86     2026.
87          (29) Title 26, Chapter 68, COVID-19 Vaccine Restrictions Act, is repealed July 1,
88     2024.
89          (30) Section 26-69-406 is repealed July 1, 2025.

90          (31) Subsection 26B-1-204(2)(i), related to the Residential Child Care Licensing
91     Advisory Committee, is repealed July 1, 2024.
92          (32) Subsection 26B-1-204(2)(k), related to the Primary Care Grant Committee, is
93     repealed July 1, 2025.