Senator Evan J. Vickers proposes the following substitute bill:


1     
BEHAVIORAL HEALTH CRISIS RESPONSE MODIFICATIONS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Steve Eliason

5     
Senate Sponsor: Evan J. Vickers

6     

7     LONG TITLE
8     General Description:
9          This bill addresses behavioral health crisis response services.
10     Highlighted Provisions:
11          This bill:
12          ▸     allows the Department of Health and Human Services (department) to reimburse
13     nonemergency secured behavioral health transport providers;
14          ▸     requires the department to apply for a Medicaid waiver or state plan amendment to
15     allow the department to assess nonemergency secured behavioral health transport
16     providers certain amounts;
17          ▸     if a Medicaid waiver or state plan amendment is approved, requires the department
18     to reimburse nonemergency secured behavioral health transport providers and
19     authorizes the department to make rules to implement the waiver or state plan
20     amendment; and
21          ▸     makes technical and conforming changes.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          This bill provides a special effective date.

26     Utah Code Sections Affected:
27     AMENDS:
28          26B-3-135 (Superseded 07/01/24), as renumbered and amended by Laws of Utah
29     2023, Chapter 306
30          26B-3-135 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapter 310
31     and renumbered and amended by Laws of Utah 2023, Chapter 306
32     

33     Be it enacted by the Legislature of the state of Utah:
34          Section 1. Section 26B-3-135 (Superseded 07/01/24) is amended to read:
35          26B-3-135 (Superseded 07/01/24). Reimbursement for nonemergency secured
36     behavioral health transport providers.
37          (1) The department may [not] reimburse a nonemergency secured behavioral health
38     transport provider that is designated under Section 26B-4-117.
39          (2) Before July 1, 2024, the department shall apply for a Medicaid waiver or state plan
40     amendment to allow the department to assess nonemergency secured behavioral health
41     transport providers an amount up to the non-federal share the department needs to seed
42     amounts that will support fee-for-service nonemergency secured behavioral health transport
43     rates adopted by the department.
44          (3) If a waiver or state plan amendment described in Subsection (2) is approved, the
45     department:
46          (a) shall reimburse a nonemergency secured behavioral health transport provider that is
47     designated under Section 26B-4-117 in an amount up to the nonemergency secured behavioral
48     health transport rates adopted annually by the department; and
49          (b) may make rules in accordance with Title 63G, Chapter 3, Utah Administrative
50     Rulemaking Act, to integrate assessments and payments to nonemergency secured behavioral
51     health transport providers designated under Section 26B-4-117.
52          Section 2. Section 26B-3-135 (Effective 07/01/24) is amended to read:
53          26B-3-135 (Effective 07/01/24). Reimbursement for nonemergency secured
54     behavioral health transport providers.
55          (1) As used in this section, "nonemergency secured behavioral health transport" means
56     the same as that term is defined in Section 53-2d-101.

57          (2) The department may [not] reimburse a nonemergency secured behavioral health
58     transport provider that is designated under Section 53-2d-403.
59          (3) Before July 1, 2024, the department shall apply for a Medicaid waiver or state plan
60     amendment to allow the department to assess nonemergency secured behavioral health
61     transport providers an amount up to the non-federal share the department needs to seed
62     amounts that will support fee-for-service nonemergency secured behavioral health transport
63     rates adopted by the department.
64          (4) If a waiver or state plan amendment described in Subsection (3) is approved, the
65     department:
66          (a) shall reimburse a nonemergency secured behavioral health transport provider that is
67     designated under Section 26B-4-117 in an amount up to the nonemergency secured behavioral
68     health transport rates adopted annually by the department; and
69          (b) may make rules in accordance with Title 63G, Chapter 3, Utah Administrative
70     Rulemaking Act, to integrate assessments and payments to nonemergency secured behavioral
71     health transport providers designated under Section 26B-4-117.
72          Section 3. Effective date.
73          (1) Except as provided in Subsection (2), this bill takes effect on May 1, 2024.
74          (2) The actions affecting Section 26B-3-135 (Effective 07/01/24) take effect on July 1,
75     2024.