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7 LONG TITLE
8 General Description:
9 This bill amends provisions related to health care reform.
10 Highlighted Provisions:
11 This bill:
12 ▸ requires the Department of Health and Human Services (department) to issue a
13 request for information regarding lowering costs to the Medicaid program while
14 maintaining or improving the level of services offered to Medicaid enrollees;
15 ▸ authorizes the department to initiate request for proposals;
16 ▸ authorizes the department to apply for Medicaid waivers if necessary to implement
17 a proposal;
18 ▸ authorizes the use of the Medicaid Expansion Fund to pay for certain programs;
19 ▸ amends provisions related to the types of drugs a health care provider may dispense
20 in the health care provider's office; and
21 ▸ creates a sunset date.
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-1-315, as last amended by Laws of Utah 2023, Chapter 471 and renumbered and
29 amended by Laws of Utah 2023, Chapter 305
30 58-88-202, as enacted by Laws of Utah 2022, Chapter 353
31 63I-1-226 (Superseded 07/01/24), as last amended by Laws of Utah 2023, Chapters
32 249, 269, 270, 275, 332, 335, 420, and 495 and repealed and reenacted by Laws of
33 Utah 2023, Chapter 329
34 63I-1-226 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapters 249,
35 269, 270, 275, 310, 332, 335, 420, and 495 and repealed and reenacted by Laws of
36 Utah 2023, Chapter 329 and last amended by Coordination Clause, Laws of Utah
37 2023, Chapters 329, 332
38 ENACTS:
39 26B-3-143, Utah Code Annotated 1953
40
41 Be it enacted by the Legislature of the state of Utah:
42 Section 1. Section 26B-1-315 is amended to read:
43 26B-1-315. Medicaid Expansion Fund.
44 (1) There is created an expendable special revenue fund known as the "Medicaid
45 Expansion Fund."
46 (2) The fund consists of:
47 (a) assessments collected under Chapter 3, Part 5, Inpatient Hospital Assessment;
48 (b) intergovernmental transfers under Section 26B-3-508;
49 (c) savings attributable to the health coverage improvement program, as defined in
50 Section 26B-3-501, as determined by the department;
51 (d) savings attributable to the enhancement waiver program, as defined in Section
52 26B-3-501, as determined by the department;
53 (e) savings attributable to the Medicaid waiver expansion, as defined in Section
54 26B-3-501, as determined by the department;
55 (f) savings attributable to the inclusion of psychotropic drugs on the preferred drug list
56 under Subsection 26B-3-105(3) as determined by the department;
57 (g) revenues collected from the sales tax described in Subsection 59-12-103(11);
58 (h) gifts, grants, donations, or any other conveyance of money that may be made to the
59 fund from private sources;
60 (i) interest earned on money in the fund; and
61 (j) additional amounts as appropriated by the Legislature.
62 (3) (a) The fund shall earn interest.
63 (b) All interest earned on fund money shall be deposited into the fund.
64 (4) (a) A state agency administering the provisions of Chapter 3, Part 5, Inpatient
65 Hospital Assessment, may use money from the fund to pay the costs, not otherwise paid for
66 with federal funds or other revenue sources, of:
67 (i) the health coverage improvement program as defined in Section 26B-3-501;
68 (ii) the enhancement waiver program as defined in Section 26B-3-501;
69 (iii) a Medicaid waiver expansion as defined in Section 26B-3-501; [
70 (iv) the outpatient upper payment limit supplemental payments under Section
71 26B-3-511[
72 (v) administering and implementing a program or Medicaid waiver created under
73 Section 26B-3-143.
74 (b) A state agency administering the provisions of Chapter 3, Part 5, Inpatient Hospital
75 Assessment, may not use:
76 (i) funds described in Subsection (2)(b) to pay the cost of private outpatient upper
77 payment limit supplemental payments; or
78 (ii) money in the fund for any purpose not described in Subsection (4)(a).
79 Section 2. Section 26B-3-143 is enacted to read:
80 26B-3-143. Medicaid improvement projects.
81 (1) Before December 31, 2024, the department shall initiate a request for information
82 related to providing the same or improved services to enrollees at lower cost to the state.
83 (2) (a) After receiving responses under Subsection (1) and in accordance with Title
84 63G, Chapter 6a, Utah Procurement Code, the department may develop any number of request
85 for proposals that the department determines could result in the same or improved services to
86 enrollees at lower cost to the state.
87 (b) The department may determine the scope for a request for proposal described in
88 Subsection (2)(a).
89 (3) The department may apply for a Medicaid waiver to implement a program created
90 under this section.
91 Section 3. Section 58-88-202 is amended to read:
92 58-88-202. Dispensing practice -- Drugs that may be dispensed -- Limitations and
93 exceptions.
94 (1) Notwithstanding Section 58-17b-302, a dispensing practitioner may dispense a drug
95 at a licensed dispensing practice if the drug is:
96 (a) packaged in a fixed quantity per package by:
97 (i) the drug manufacturer;
98 (ii) a pharmaceutical wholesaler or distributor; or
99 (iii) a pharmacy licensed under Chapter 17b, Pharmacy Practice Act; and
100 (b) dispensed:
101 (i) at a licensed dispensing practice at which the dispensing practitioner regularly
102 practices; and
103 (ii) under a prescription issued by the dispensing practitioner to the dispensing
104 practitioner's patient[
105 [
106 [
107
108 (2) A dispensing practitioner may not dispense:
109 (a) a controlled substance as defined in Section 58-37-2;
110 (b) a drug or class of drugs that is designated by the division under Subsection
111 58-88-205(2); or
112 (c) gabapentin[
113 [
114 (3) A dispensing practitioner may not make a claim against workers' compensation or
115 automobile insurance for a drug dispensed under this part for outpatient use unless the
116 dispensing practitioner is contracted with a pharmacy network established by the claim payor.
117 (4) When a dispensing practitioner dispenses a drug to the patient under this part, a
118 dispensing practitioner shall:
119 (a) disclose to the patient verbally and in writing that the patient is not required to fill
120 the prescription through the licensed dispensing practice and that the patient has a right to fill
121 the prescription through a pharmacy; and
122 (b) if the patient will be responsible to pay cash for the drug, disclose:
123 (i) that the patient will be responsible to pay cash for the drug; and
124 (ii) the amount that the patient will be charged by the licensed dispensing practice for
125 the drug.
126 (5) This part does not:
127 (a) require a dispensing practitioner to dispense a drug under this part;
128 (b) limit a health care prescriber from dispensing under Chapter 17b, Part 8,
129 Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy; or
130 (c) apply to a physician who dispenses:
131 (i) a drug sample, as defined in Section 58-17b-102, to a patient in accordance with
132 Section 58-1-501.3 or Section 58-17b-610;
133 (ii) a prescription drug or device to a patient for a patient's immediate need in an
134 emergency department in accordance with Section 58-17b-610.5; or
135 (iii) a drug in an emergency situation as defined by the division in rule under Chapter
136 17b, Pharmacy Practice Act.
137 Section 4. Section 63I-1-226 (Superseded 07/01/24) is amended to read:
138 63I-1-226 (Superseded 07/01/24). Repeal dates: Titles 26A through 26B.
139 (1) Subsection 26B-1-204(2)(i), related to the Primary Care Grant Committee, is
140 repealed July 1, 2025.
141 (2) Section 26B-1-315, which creates the Medicaid Expansion Fund, is repealed July 1,
142 2024.
143 (3) Subsection 26B-1-315(4)(a)(v), related to a program or Medicaid waiver created
144 under Section 26B-3-143, is repealed July 1, 2031.
145 [
146 January 1, 2025.
147 [
148 repealed January 1, 2025.
149 [
150 Crisis Response Commission, as defined in Section 63C-18-202," is repealed December 31,
151 2026.
152 [
153 Commission, is repealed December 31, 2026.
154 [
155 Program, is repealed July 1, 2026.
156 [
157 Commission, is repealed July 1, 2025.
158 [
159 repealed July 1, 2025.
160 [
161 Program Advisory Council, is repealed July 1, 2025.
162 [
163 repealed July 1, 2025.
164 [
165 Pediatric Neuro-Rehabilitation Fund Advisory Committee, is repealed January 1, 2025.
166 [
167 Council, is repealed July 1, 2029.
168 [
169 Marijuana, and Other Drug Prevention Program, is repealed July 1, 2025.
170 [
171 with Disabilities, is repealed July 1, 2027.
172 [
173 Council, is repealed July 1, 2023.
174 [
175 Committee, is repealed July 1, 2026.
176 [
177 Childhood Advisory Board, is repealed July 1, 2026.
178 [
179 repealed July 1, 2027.
180 [
181 hygienists, is repealed July 1, 2028.
182 [
183 Program, is repealed July 1, 2025.
184 [
185 Prevention Program, is repealed June 30, 2027.
186 (24) Section 26B-3-143 is repealed July 1, 2031.
187 [
188 Health Crisis Response Commission created in Section 63C-18-202" is repealed December 31,
189 2026.
190 [
191 Review Board, are repealed July 1, 2027.
192 [
193 1, 2024.
194 [
195 repealed July 1, 2024.
196 [
197 1, 2028.
198 [
199 2028.
200 [
201 Personnel Health Insurance Program, is repealed July 1, 2027.
202 [
203 July 1, 2025.
204 [
205 with the Behavioral Health Crisis Response Commission, established in Section 63C-18-202,"
206 is repealed December 31, 2026.
207 [
208 [
209 Grant Program, is repealed December 31, 2026.
210 [
211 December 31, 2024.
212 [
213 [
214 2024:
215 (a) Subsection 26B-5-606(2)(a)(i), the language that states "and" is repealed; and
216 (b) Subsections 26B-5-606(2)(a)(ii), 26B-5-606(2)(b), and 26B-5-606(2)(c) are
217 repealed.
218 [
219 December 31, 2026:
220 (a) Subsection 26B-5-609(1)(a) is repealed;
221 (b) Subsection 26B-5-609(3)(a), the language that states "With recommendations from
222 the commission," is repealed;
223 (c) Subsection 26B-5-610(1)(b) is repealed;
224 (d) Subsection 26B-5-610(2)(b), the language that states "and in consultation with the
225 commission," is repealed; and
226 (e) Subsection 26B-5-610(4), the language that states "In consultation with the
227 commission," is repealed.
228 [
229 Use and Mental Health Advisory Council, are repealed January 1, 2033.
230 [
231 programs, is repealed December 31, 2025.
232 [
233 outcomes of the Hepatitis C Outreach Pilot Program, is repealed July 1, 2028.
234 [
235 and fatalities involving substance abuse, is repealed December 31, 2027.
236 [
237 2024.
238 [
239 health care, is repealed December 31, 2023.
240 Section 5. Section 63I-1-226 (Effective 07/01/24) is amended to read:
241 63I-1-226 (Effective 07/01/24). Repeal dates: Titles 26A through 26B.
242 (1) Subsection 26B-1-204(2)(i), related to the Primary Care Grant Committee, is
243 repealed July 1, 2025.
244 (2) Section 26B-1-315, which creates the Medicaid Expansion Fund, is repealed July 1,
245 2024.
246 (3) Subsection 26B-1-315(4)(a)(v), related to a program or Medicaid waiver created
247 under Section 26B-3-143, is repealed July 1, 2031.
248 [
249 January 1, 2025.
250 [
251 repealed January 1, 2025.
252 [
253 Crisis Response Commission, as defined in Section 63C-18-202," is repealed December 31,
254 2026.
255 [
256 Commission, is repealed December 31, 2026.
257 [
258 Program, is repealed July 1, 2026.
259 [
260 Commission, is repealed July 1, 2025.
261 [
262 repealed July 1, 2025.
263 [
264 Program Advisory Council, is repealed July 1, 2025.
265 [
266 repealed July 1, 2025.
267 [
268 Pediatric Neuro-Rehabilitation Fund Advisory Committee, is repealed January 1, 2025.
269 [
270 Council, is repealed July 1, 2029.
271 [
272 Marijuana, and Other Drug Prevention Program, is repealed July 1, 2025.
273 [
274 with Disabilities, is repealed July 1, 2027.
275 [
276 Council, is repealed July 1, 2023.
277 [
278 Committee, is repealed July 1, 2026.
279 [
280 Childhood Advisory Board, is repealed July 1, 2026.
281 [
282 repealed July 1, 2027.
283 [
284 hygienists, is repealed July 1, 2028.
285 [
286 Program, is repealed July 1, 2025.
287 [
288 Prevention Program, is repealed June 30, 2027.
289 (24) Section 26B-3-143 is repealed July 1, 2031.
290 [
291 Health Crisis Response Commission created in Section 63C-18-202" is repealed December 31,
292 2026.
293 [
294 Review Board, are repealed July 1, 2027.
295 [
296 1, 2024.
297 [
298 repealed July 1, 2024.
299 [
300 1, 2028.
301 [
302 2028.
303 [
304 July 1, 2025.
305 [
306 with the Behavioral Health Crisis Response Commission, established in Section 63C-18-202,"
307 is repealed December 31, 2026.
308 [
309 [
310 Grant Program, is repealed December 31, 2026.
311 [
312 December 31, 2024.
313 [
314 [
315 2024:
316 (a) Subsection 26B-5-606(2)(a)(i), the language that states "and" is repealed; and
317 (b) Subsections 26B-5-606(2)(a)(ii), 26B-5-606(2)(b), and 26B-5-606(2)(c) are
318 repealed.
319 [
320 December 31, 2026:
321 (a) Subsection 26B-5-609(1)(a) is repealed;
322 (b) Subsection 26B-5-609(3)(a), the language that states "With recommendations from
323 the commission," is repealed;
324 (c) Subsection 26B-5-610(1)(b) is repealed;
325 (d) Subsection 26B-5-610(2)(b), the language that states "and in consultation with the
326 commission," is repealed; and
327 (e) Subsection 26B-5-610(4), the language that states "In consultation with the
328 commission," is repealed.
329 [
330 Use and Mental Health Advisory Council, are repealed January 1, 2033.
331 [
332 programs, is repealed December 31, 2025.
333 [
334 outcomes of the Hepatitis C Outreach Pilot Program, is repealed July 1, 2028.
335 [
336 and fatalities involving substance abuse, is repealed December 31, 2027.
337 [
338 2024.
339 [
340 health care, is repealed December 31, 2023.
341 Section 6. Effective date.
342 (1) Except as provided in Subsection (2), this bill takes effect on May 1, 2024.
343 (2) The actions affecting Section 63I-1-226 (Effective 07/01/24) take effect on July 1,
344 2024.