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8 LONG TITLE
9 Committee Note:
10 The Health and Human Services Interim Committee recommended this bill.
11 Legislative Vote: 11 voting for 0 voting against 8 absent
12 General Description:
13 This bill modifies and repeals reporting provisions related to Department of Health and
14 Human Services programs.
15 Highlighted Provisions:
16 This bill:
17 ▸ modifies and repeals reporting provisions related to Department of Health and
18 Human Services programs;
19 ▸ replaces a report for the Hepatitis C Outreach Pilot Program with a sunset date for
20 the pilot program; and
21 ▸ makes technical 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 26A-1-115, as last amended by Laws of Utah 2023, Chapter 272
29 26A-1-129, as enacted by Laws of Utah 2020, Chapter 347
30 26B-1-324, as last amended by Laws of Utah 2023, Chapter 270 and renumbered and
31 amended by Laws of Utah 2023, Chapter 305
32 26B-1-326, as renumbered and amended by Laws of Utah 2023, Chapter 305
33 26B-1-327, as last amended by Laws of Utah 2023, Chapter 534 and renumbered and
34 amended by Laws of Utah 2023, Chapter 305
35 26B-1-328, as last amended by Laws of Utah 2023, Chapter 534 and renumbered and
36 amended by Laws of Utah 2023, Chapter 305
37 26B-1-329, as renumbered and amended by Laws of Utah 2023, Chapter 305
38 26B-1-402, as renumbered and amended by Laws of Utah 2023, Chapter 305
39 26B-1-422, as last amended by Laws of Utah 2023, Chapter 269 and renumbered and
40 amended by Laws of Utah 2023, Chapter 305 and last amended by Coordination
41 Clause, Laws of Utah 2023, Chapter 305
42 26B-1-424, as renumbered and amended by Laws of Utah 2023, Chapter 305
43 26B-3-210, as renumbered and amended by Laws of Utah 2023, Chapter 306
44 26B-3-218, as renumbered and amended by Laws of Utah 2023, Chapter 306
45 26B-4-702, as renumbered and amended by Laws of Utah 2023, Chapter 307
46 26B-4-703, as renumbered and amended by Laws of Utah 2023, Chapter 307
47 26B-4-711, as renumbered and amended by Laws of Utah 2023, Chapter 307
48 26B-5-102, as last amended by Laws of Utah 2023, Chapter 177 and renumbered and
49 amended by Laws of Utah 2023, Chapter 308
50 26B-5-110, as renumbered and amended by Laws of Utah 2023, Chapter 308
51 26B-5-114, as last amended by Laws of Utah 2023, Chapter 270 and renumbered and
52 amended by Laws of Utah 2023, Chapter 308
53 26B-5-116, as renumbered and amended by Laws of Utah 2023, Chapter 308
54 26B-5-611, as renumbered and amended by Laws of Utah 2023, Chapter 308
55 26B-6-304, as renumbered and amended by Laws of Utah 2023, Chapter 308
56 26B-6-703, as renumbered and amended by Laws of Utah 2023, Chapter 308
57 26B-7-117, as renumbered and amended by Laws of Utah 2023, Chapter 308
58 26B-7-119, as renumbered and amended by Laws of Utah 2023, Chapter 308
59 26B-8-504, as renumbered and amended by Laws of Utah 2023, Chapter 306
60 63C-18-203, as last amended by Laws of Utah 2023, Chapters 270, 329
61 63I-1-226 (Superseded 07/01/24), as last amended by Laws of Utah 2023, Chapters
62 249, 269, 270, 275, 332, 335, 420, and 495 and repealed and reenacted by Laws of
63 Utah 2023, Chapter 329
64 63I-1-226 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapters 249,
65 269, 270, 275, 310, 332, 335, 420, and 495 and repealed and reenacted by Laws of
66 Utah 2023, Chapter 329 and last amended by Coordination Clause, Laws of Utah
67 2023, Chapters 329, 332
68 63I-1-276, as last amended by Laws of Utah 2023, Chapter 398
69 63I-2-226 (Superseded 07/01/24), as last amended by Laws of Utah 2023, Chapters 33,
70 139, 249, 295, and 465 and repealed and reenacted by Laws of Utah 2023, Chapter
71 329
72 63I-2-226 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapters 33,
73 139, 249, 295, 310, and 465 and repealed and reenacted by Laws of Utah 2023,
74 Chapter 329 and last amended by Coordination Clause, Laws of Utah 2023, Chapter
75 329
76 78B-6-140, as last amended by Laws of Utah 2023, Chapters 289, 466
77 80-2-1104, as renumbered and amended by Laws of Utah 2022, Chapter 334
78 REPEALS:
79 26B-2-503, as renumbered and amended by Laws of Utah 2023, Chapter 305
80 26B-6-510, as renumbered and amended by Laws of Utah 2023, Chapter 308
81 26B-7-224, as last amended by Laws of Utah 2023, Chapter 111 and renumbered and
82 amended by Laws of Utah 2023, Chapter 308
83
84 Be it enacted by the Legislature of the state of Utah:
85 Section 1. Section 26A-1-115 is amended to read:
86 26A-1-115. Apportionment of costs -- Contracts to provide services -- Percentage
87 match of state funds -- Audit.
88 (1) (a) The cost of establishing and maintaining a multicounty local health department
89 may be apportioned among the participating counties on the basis of population in proportion
90 to the total population of all counties within the boundaries of the local health department, or
91 upon other bases agreeable to the participating counties.
92 (b) Costs of establishing and maintaining a county health department shall be a charge
93 of the county creating the local health department.
94 (c) Money available from fees, contracts, surpluses, grants, and donations may also be
95 used to establish and maintain local health departments.
96 (d) As used in this Subsection (1), "population" means population estimates prepared
97 by the Utah Population Committee.
98 (2) The cost of providing, equipping, and maintaining suitable offices and facilities for
99 a local health department is the responsibility of participating governing bodies.
100 (3) Local health departments that comply with all department rules and secure advance
101 approval of proposed service boundaries from the department may by contract receive funds
102 under Section 26A-1-116 from the department to provide specified public health services.
103 (4) Contract funds distributed under Subsection (3) shall be in accordance with Section
104 26A-1-116 and policies and procedures adopted by the department.
105 (5) Department rules shall require that contract funds be used for public health
106 services and not replace other funds used for local public health services.
107 (6) (a) (i) All state funds distributed by contract from the department to local health
108 departments for public health services shall be matched by those local health departments at a
109 percentage determined by the department in consultation with local health departments.
110 (ii) Counties shall have no legal obligation to match state funds at percentages in
111 excess of those established by the department and shall suffer no penalty or reduction in state
112 funding for failing to exceed the required funding match.
113 (b) By October 1 of each year, [
114
115 Services Appropriations Subcommittee describing, for the preceding five fiscal years, each
116 county's annual per capita contribution to a local health department that is used to meet the
117 minimum performance standards described in Section 26A-1-106.
118 (c) A county may submit an additional written report separate from the report described
119 in Subsection (6)(b) to the Social Services Appropriations Subcommittee outlining a county's
120 contribution to public and community health in the county through other methods that are
121 additional to the annual per capita contribution described in Subsection (6)(b).
122 (7) (a) Each local health department shall cause an annual financial and compliance
123 audit to be made of its operations by a certified public accountant. The audit may be conducted
124 as part of an annual county government audit of the county where the local health department
125 headquarters are located.
126 (b) The local health department shall provide a copy of the audit report to the
127 department and the local governing bodies of counties participating in the local health
128 department.
129 Section 2. Section 26A-1-129 is amended to read:
130 26A-1-129. Electronic Cigarette, Marijuana, and Other Drug Prevention Grant
131 Program -- Reporting.
132 (1) As used in this section, "grant program" means the Electronic Cigarette, Marijuana,
133 and Other Drug Prevention Grant Program created in this section.
134 (2) There is created the Electronic Cigarette, Marijuana, and Other Drug Prevention
135 Grant Program which shall be administered by local health departments in accordance with this
136 section.
137 (3) (a) A local health department shall administer the grant program with funds
138 allocated to the grant program under Subsection 59-14-807(4)(d), to award grants to:
139 (i) a coalition of community organizations that is focused on substance abuse
140 prevention;
141 (ii) a local government agency, including a law enforcement agency, for a program that
142 is focused on substance abuse prevention; or
143 (iii) a local education agency as defined in Section 53E-1-102.
144 (b) A recipient of a grant under the grant program shall use the grant to address root
145 causes and factors associated with the use of electronic cigarettes, marijuana, and other drugs:
146 (i) by addressing one or more risk or protective factors identified in the Utah Student
147 Health and Risk Prevention Statewide Survey; and
148 (ii) through one or more of the following activities aimed at reducing use of electronic
149 cigarettes, marijuana, and other drugs:
150 (A) providing information;
151 (B) enhancing individual skills;
152 (C) providing support to activities that reduce risk or enhance protections;
153 (D) enhancing access or reducing barriers systems, processes, or programs;
154 (E) changing consequences by addressing incentives or disincentives;
155 (F) changing the physical design or structure of an environment to reduce risk or
156 enhance protections; or
157 (G) supporting modifications or changing policies.
158 (c) The grant program shall provide funding for a program or purpose that is:
159 (i) evidence-based; or
160 (ii) a promising practice as defined by the United States Centers for Disease Control
161 and Prevention.
162 (4) (a) An applicant for a grant under the grant program shall submit an application to
163 the local health department that has jurisdiction over the area in which the applicant is
164 proposing use of grant funds.
165 (b) The application described in Subsection (4)(a) shall:
166 (i) provide a summary of how the applicant intends to expend grant funds; and
167 (ii) describe how the applicant will meet the requirements described in Subsection (3).
168 (c) A local health department may establish the form or manner in which an applicant
169 must submit an application for the grant program under this section.
170 (5) (a) A local health department shall:
171 (i) on or before June 30 of each year:
172 (A) review each grant application the local health department receives for the grant
173 program; and
174 (B) select recipients for a grant under the grant program; and
175 (ii) before July 15 of each year, disperse grant funds to each selected recipient.
176 (b) A local health department may not award a single grant under this section in an
177 amount that exceeds $100,000.
178 (6) (a) Before August 1 of each year, a recipient of a grant under the grant program
179 shall, for the previous year, submit a report to the local health department that:
180 (i) provides an accounting for the expenditure of grant funds;
181 (ii) describes measurable outcomes as a result of the expenditures;
182 (iii) describes the impact and effectiveness of programs and activities funded through
183 the grant; and
184 (iv) indicates the amount of grant funds remaining on the date that the report is
185 submitted.
186 (b) (i) A grant recipient shall submit the report described in Subsection (6)(a) before
187 August 1 of each year until the grant recipient expends all funds awarded to the recipient under
188 the grant program.
189 (ii) After a grant recipient expends all funds awarded to the recipient under the grant
190 program, the grant recipient shall submit a final report to the local health department with the
191 information described in Subsection (6)(a).
192 (7) (a) On or before September 1 of each year, each local health department shall
193 submit the reports described in Subsection (6) to the Association of Local Health Departments.
194 (b) The Association of Local Health Departments shall compile the reports and, in
195 collaboration with the Department of Health, submit a report to the Health and Human Services
196 Interim Committee regarding:
197 (i) the use of funds appropriated to the grant program;
198 (ii) the impact and effectiveness of programs and activities that the grant program
199 funds during the previous fiscal year; and
200 (iii) any recommendations for legislation.
201 (c) The report described in this Subsection (7) may be combined with the report
202 described in Subsection 26B-1-428(4)(a).
203 Section 3. Section 26B-1-324 is amended to read:
204 26B-1-324. Statewide Behavioral Health Crisis Response Account -- Creation --
205 Administration -- Permitted uses -- Reporting.
206 (1) There is created a restricted account within the General Fund known as the
207 "Statewide Behavioral Health Crisis Response Account," consisting of:
208 (a) money appropriated or otherwise made available by the Legislature; and
209 (b) contributions of money, property, or equipment from federal agencies, political
210 subdivisions of the state, or other persons.
211 (2) (a) Subject to appropriations by the Legislature and any contributions to the account
212 described in Subsection (1)(b), the division shall disburse funds in the account only for the
213 purpose of support or implementation of services or enhancements of those services in order to
214 rapidly, efficiently, and effectively deliver 988 services in the state.
215 (b) Funds distributed from the account to county local mental health and substance
216 abuse authorities for the provision of crisis services are not subject to the 20% county match
217 described in Sections 17-43-201 and 17-43-301.
218 (c) After consultation with the Behavioral Health Crisis Response Commission created
219 in Section 63C-18-202, and local substance use authorities and local mental health authorities
220 described in Sections 17-43-201 and 17-43-301, the division shall expend funds from the
221 account on any of the following programs:
222 (i) the Statewide Mental Health Crisis Line, as defined in Section 26B-5-610, including
223 coordination with 911 emergency service, as defined in Section 69-2-102, and coordination
224 with local substance abuse authorities as described in Section 17-43-201, and local mental
225 health authorities, described in Section 17-43-301;
226 (ii) mobile crisis outreach teams as defined in Section 26B-5-609, distributed in
227 accordance with rules made by the division in accordance with Title 63G, Chapter 3, Utah
228 Administrative Rulemaking Act;
229 (iii) behavioral health receiving centers as defined in Section 26B-5-114;
230 (iv) stabilization services as described in Section 26B-1-102;
231 (v) mental health crisis services, as defined in Section 26B-5-101, provided by local
232 substance abuse authorities as described in Section 17-43-201 and local mental health
233 authorities described in Section 17-43-301 to provide prolonged mental health services for up
234 to 90 days after the day on which an individual experiences a mental health crisis as defined in
235 Section 26B-5-101;
236 (vi) crisis intervention training for first responders, as that term is defined in Section
237 78B-4-501;
238 (vii) crisis worker certification training for first responders, as that term is defined in
239 Section 78B-4-501;
240 (viii) frontline support for the SafeUT Crisis Line; or
241 (ix) suicide prevention gatekeeper training for first responders, as that term is defined
242 in Section 78B-4-501.
243 (d) If the Legislature appropriates money to the account for a purpose described in
244 Subsection (2)(c), the division shall use the appropriation for that purpose.
245 (3) Subject to appropriations by the Legislature and any contributions to the account
246 described in Subsection (1)(b), the division may expend funds in the account for administrative
247 costs that the division incurs related to administering the account.
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263 authorities and local mental health authorities for behavioral health receiving centers or mobile
264 crisis outreach teams before the end of fiscal year 2023 shall be maintained through fiscal year
265 2027, subject to appropriation.
266 [
267 (i) "Health benefit plan" means the same as that term is defined in Section 31A-1-301.
268 (ii) "Mental health service provider" means a behavioral health receiving center or
269 mobile crisis outreach team.
270 (b) The department shall coordinate with each mental health service provider that
271 receives state funds to determine which health benefit plans, if any, have not contracted or have
272 refused to contract with the mental health service provider at usual and customary rates for the
273 services provided by the mental health service provider.
274 (c) In each year that the department identifies a health benefit plan that meets the
275 description in Subsection [
276 information gathered under Subsection [
277 Interim Committee at or before the committee's October meeting.
278 Section 4. Section 26B-1-326 is amended to read:
279 26B-1-326. Suicide Prevention and Education Fund.
280 (1) There is created an expendable special revenue fund known as the Suicide
281 Prevention and Education Fund.
282 (2) The fund shall consist of funds transferred from the Concealed Weapons Account
283 in accordance with Subsection 53-5-707(5)(d).
284 (3) Money in the fund shall be used for suicide prevention efforts that include a focus
285 on firearm safety as related to suicide prevention.
286 (4) The Office of Substance Use and Mental Health shall establish a process by rule in
287 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for the
288 expenditure of money from the fund.
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292 Section 5. Section 26B-1-327 is amended to read:
293 26B-1-327. Survivors of Suicide Loss Account.
294 (1) As used in this section:
295 (a) (i) "Cohabitant" means an individual who lives with another individual.
296 (ii) "Cohabitant" does not include a relative.
297 (b) "Relative" means father, mother, husband, wife, son, daughter, sister, brother,
298 grandfather, grandmother, uncle, aunt, nephew, niece, grandson, granddaughter, first cousin,
299 mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, or daughter-in-law.
300 (2) Upon appropriation, the Office of Substance Use and Mental Health shall award
301 grants from the appropriation to a person who provides, for no or minimal cost:
302 (a) clean-up of property affected or damaged by an individual's suicide, as
303 reimbursement for the costs incurred for the clean-up; and
304 (b) bereavement services to a relative, legal guardian, or cohabitant of an individual
305 who dies by suicide.
306 [
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309 Section 6. Section 26B-1-328 is amended to read:
310 26B-1-328. Psychiatric and Psychotherapeutic Consultation Program Account --
311 Creation -- Administration -- Uses.
312 (1) As used in this section:
313 (a) "Child care" means the child care services defined in Section 35A-3-102 for a child
314 during early childhood.
315 (b) "Child care provider" means a person who provides child care or mental health
316 support or interventions to a child during early childhood.
317 (c) "Child mental health care facility" means a facility that provides licensed mental
318 health care programs and services to children and families and employs a child mental health
319 therapist.
320 (d) "Child mental health therapist" means a mental health therapist who:
321 (i) is knowledgeable and trained in early childhood mental health; and
322 (ii) provides mental health services to children during early childhood.
323 (e) "Division" means the Division of Integrated Healthcare within the department.
324 (f) "Early childhood" means the time during which a child is zero to six years old.
325 (g) "Early childhood psychotherapeutic telehealth consultation" means a consultation
326 regarding a child's mental health care during the child's early childhood between a child care
327 provider or a mental health therapist and a child mental health therapist that is focused on
328 psychotherapeutic and psychosocial interventions and is completed through the use of
329 electronic or telephonic communication.
330 (h) "Health care facility" means a facility that provides licensed health care programs
331 and services and employs at least two psychiatrists, at least one of whom is a child psychiatrist.
332 (i) "Primary care provider" means:
333 (i) an individual who is licensed to practice as an advanced practice registered nurse
334 under Title 58, Chapter 31b, Nurse Practice Act;
335 (ii) a physician as defined in Section 58-67-102; or
336 (iii) a physician assistant as defined in Section 58-70a-102.
337 (j) "Psychiatrist" means a physician who is board eligible for a psychiatry
338 specialization recognized by the American Board of Medical Specialists or the American
339 Osteopathic Association's Bureau of Osteopathic Specialists.
340 (k) "Telehealth psychiatric consultation" means a consultation regarding a patient's
341 mental health care, including diagnostic clarification, medication adjustment, or treatment
342 planning, between a primary care provider and a psychiatrist that is completed through the use
343 of electronic or telephonic communication.
344 (2) Upon appropriation, the Office of Substance Use and Mental Health shall award
345 grants from the appropriation to:
346 (a) at least one health care facility to implement a program that provides a primary care
347 provider access to a telehealth psychiatric consultation when the primary care provider is
348 evaluating a patient for or providing a patient mental health treatment; and
349 (b) at least one child mental health care facility to implement a program that provides
350 access to an early childhood psychotherapeutic telehealth consultation to:
351 (i) a mental health therapist as defined in Section 58-60-102 when the mental health
352 therapist is evaluating a child for or providing a child mental health treatment; or
353 (ii) a child care provider when the child care provider is providing child care to a child.
354 (3) The Office of Substance Use and Mental Health may award and distribute grant
355 money to a health care facility or child mental health care facility only if the health care facility
356 or child mental health care facility:
357 (a) is located in the state; and
358 (b) submits an application in accordance with Subsection (4).
359 (4) An application for a grant under this section shall include:
360 (a) the number of psychiatrists employed by the health care facility or the number of
361 child mental health therapists employed by the child mental health care facility;
362 (b) the health care facility's or child mental health care facility's plan to implement the
363 telehealth psychiatric consultation program or the early childhood psychotherapeutic telehealth
364 consultation program described in Subsection (2);
365 (c) the estimated cost to implement the telehealth psychiatric consultation program or
366 the early childhood psychotherapeutic telehealth consultation program described in Subsection
367 (2);
368 (d) any plan to use one or more funding sources in addition to a grant under this section
369 to implement the telehealth psychiatric consultation program or the early childhood
370 psychotherapeutic telehealth consultation program described in Subsection (2);
371 (e) the amount of grant money requested to fund the telehealth psychiatric consultation
372 program or the early childhood psychotherapeutic telehealth consultation program described in
373 Subsection (2); and
374 (f) any existing or planned contract or partnership between the health care facility and
375 another person to implement the telehealth psychiatric consultation program or the early
376 childhood psychotherapeutic telehealth consultation program described in Subsection (2).
377 (5) A health care facility or child mental health care facility that receives grant money
378 under this section shall file a report with the division before October 1 of each year that details
379 for the immediately preceding calendar year:
380 (a) the type and effectiveness of each service provided in the telehealth psychiatric
381 program or the early childhood psychotherapeutic telehealth consultation program;
382 (b) the utilization of the telehealth psychiatric program or the early childhood
383 psychotherapeutic telehealth consultation program based on metrics or categories determined
384 by the division;
385 (c) the total amount expended from the grant money; and
386 (d) the intended use for grant money that has not been expended.
387 [
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391 Section 7. Section 26B-1-329 is amended to read:
392 26B-1-329. Mental Health Services Donation Fund.
393 (1) As used in this section:
394 (a) "Mental health therapist" means the same as that term is defined in Section
395 58-60-102.
396 (b) "Mental health therapy" means treatment or prevention of a mental illness,
397 including:
398 (i) conducting a professional evaluation of an individual's condition of mental health,
399 mental illness, or emotional disorder consistent with standards generally recognized by mental
400 health therapists;
401 (ii) establishing a diagnosis in accordance with established written standards generally
402 recognized by mental health therapists;
403 (iii) prescribing a plan or medication for the prevention or treatment of a condition of a
404 mental illness or an emotional disorder; and
405 (iv) engaging in the conduct of professional intervention, including psychotherapy by
406 the application of established methods and procedures generally recognized by mental health
407 therapists.
408 (c) "Qualified individual" means an individual who:
409 (i) is experiencing a mental health crisis; and
410 (ii) calls a local mental health crisis line as defined in Section 26B-5-610 or the
411 statewide mental health crisis line as defined in Section 26B-5-610.
412 (2) There is created an expendable special revenue fund known as the "Mental Health
413 Services Donation Fund."
414 (3) (a) The fund shall consist of:
415 (i) gifts, grants, donations, or any other conveyance of money that may be made to the
416 fund from public or private individuals or entities; and
417 (ii) interest earned on money in the fund.
418 (b) The Office of Substance Use and Mental Health shall administer the fund in
419 accordance with this section.
420 (4) The Office of Substance Use and Mental Health shall award fund money to an
421 entity in the state that provides mental health and substance use treatment for the purpose of:
422 (a) providing through telehealth or in-person services, mental health therapy to
423 qualified individuals;
424 (b) providing access to evaluations and coordination of short-term care to assist a
425 qualified individual in identifying services or support needs, resources, or benefits for which
426 the qualified individual may be eligible; and
427 (c) developing a system for a qualified individual and a qualified individual's family to
428 access information and referrals for mental health therapy.
429 (5) Fund money may only be used for the purposes described in Subsection (4).
430 [
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436 Section 8. Section 26B-1-402 is amended to read:
437 26B-1-402. Rare Disease Advisory Council Grant Program -- Creation --
438 Reporting.
439 (1) As used in this section:
440 (a) "Council" means the Rare Disease Advisory Council described in Subsection (3).
441 (b) "Grantee" means the recipient of a grant under this section to operate the program.
442 (c) "Rare disease" means a disease that affects fewer than 200,000 individuals in the
443 United States.
444 (2) (a) Within legislative appropriations, the department shall issue a request for
445 proposals for a grant to administer the provisions of this section.
446 (b) The department may issue a grant under this section if the grantee agrees to:
447 (i) convene the council in accordance with Subsection (3);
448 (ii) provide staff and other administrative support to the council; and
449 (iii) in coordination with the department, report to the Legislature in accordance with
450 Subsection (4).
451 (3) The Rare Disease Advisory Council convened by the grantee shall:
452 (a) advise the Legislature and state agencies on providing services and care to
453 individuals with a rare disease;
454 (b) make recommendations to the Legislature and state agencies on improving access
455 to treatment and services provided to individuals with a rare disease;
456 (c) identify best practices to improve the care and treatment of individuals in the state
457 with a rare disease;
458 (d) meet at least two times in each calendar year; and
459 (e) be composed of members identified by the department, including at least the
460 following individuals:
461 (i) a representative from the department;
462 (ii) researchers and physicians who specialize in rare diseases, including at least one
463 representative from the University of Utah;
464 (iii) two individuals who have a rare disease or are the parent or caregiver of an
465 individual with a rare disease; and
466 (iv) two representatives from one or more rare disease patient organizations that
467 operate in the state.
468 (4) Before [
469 [
470 Committee on:
471 (a) the activities of the grantee and the council; and
472 (b) recommendations and best practices regarding the ongoing needs of individuals in
473 the state with a rare disease.
474 Section 9. Section 26B-1-422 is amended to read:
475 26B-1-422. Early Childhood Utah Advisory Council -- Creation -- Compensation
476 -- Duties.
477 (1) As used in this section:
478 (a) "Early childhood" refers to a child in the state who is eight years old or younger;
479 and
480 (b) "State superintendent" means the state superintendent of public instruction
481 appointed under Section 53E-3-301.
482 (2) There is created the Early Childhood Utah Advisory Council.
483 (3) (a) The department shall:
484 (i) make rules establishing the membership, duties, and procedures of the council in
485 accordance with the requirements of:
486 (A) this section;
487 (B) the Improving Head Start for School Readiness Act of 2007, 42 U.S.C. Sec. 9837b;
488 and
489 (C) Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
490 (ii) provide necessary administrative and staff support to the council.
491 (b) A member of the council may not receive compensation or benefits for the
492 member's service.
493 (4) The duties of the council include:
494 (a) improving and coordinating the quality of programs and services for children in
495 accordance with the Improving Head Start for School Readiness Act of 2007, 42 U.S.C. Sec.
496 9837b;
497 (b) supporting Utah parents and families by providing comprehensive and accurate
498 information regarding the availability of voluntary services for children in early childhood from
499 state agencies and other private and public entities;
500 (c) facilitating improved coordination between state agencies and community partners
501 that provide services to children in early childhood;
502 (d) sharing and analyzing information regarding early childhood issues in the state;
503 (e) providing recommendations to the department, the Department of Workforce
504 Services, and the State Board of Education regarding a comprehensive delivery system of
505 services for children in early childhood that addresses the following four areas:
506 (i) family support and safety;
507 (ii) health and development;
508 (iii) early learning; and
509 (iv) economic development; and
510 (f) identifying opportunities for and barriers to the alignment of standards, rules,
511 policies, and procedures across programs and agencies that support children in early childhood.
512 (5) To fulfill the duties described in Subsection (4), the council shall:
513 (a) directly engage with parents, families, community members, and public and private
514 service providers to identify and address:
515 (i) the quality, effectiveness, and availability of existing services for children in early
516 childhood and the coordination of those services;
517 (ii) gaps and barriers to entry in the provision of services for children in early
518 childhood; and
519 (iii) community-based solutions in improving the quality, effectiveness, and
520 availability of services for children in early childhood;
521 (b) seek regular and ongoing feedback from a wide range of entities and individuals
522 that use or provide services for children in early childhood, including entities and individuals
523 that use, represent, or provide services for any of the following:
524 (i) children in early childhood who live in urban, suburban, or rural areas of the state;
525 (ii) children in early childhood with varying socioeconomic backgrounds;
526 (iii) children in early childhood with varying ethnic or racial heritages;
527 (iv) children in early childhood from various geographic areas of the state; and
528 (v) children in early childhood with special needs;
529 (c) study, evaluate, and report on the status and effectiveness of policies, procedures,
530 and programs that provide services to children in early childhood;
531 (d) study and evaluate the effectiveness of policies, procedures, and programs
532 implemented by other states and nongovernmental entities that address the needs of children in
533 early childhood;
534 (e) identify policies, procedures, and programs that are impeding efforts to help
535 children in early childhood in the state and recommend changes to those policies, procedures,
536 and programs;
537 (f) identify policies, procedures, and programs related to children in early childhood in
538 the state that are inefficient or duplicative and recommend changes to those policies,
539 procedures, and programs;
540 (g) recommend policy, procedure, and program changes to address the needs of
541 children in early childhood;
542 (h) develop methods for using interagency information to inform comprehensive policy
543 and budget decisions relating to early childhood services; and
544 (i) develop strategies and monitor efforts concerning:
545 (i) increasing school readiness;
546 (ii) improving access to early child care and early education programs; and
547 (iii) improving family and community engagement in early childhood education and
548 development.
549 (6) In fulfilling the council's duties, the council may request and receive, from any state
550 or local governmental agency or institution, information relating to early childhood, including
551 reports, audits, projections, and statistics.
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575 before August 1, 2024, and at least every five years thereafter, the council shall provide to the
576 executive director, the executive director of the Department of Workforce Services, and the
577 state superintendent a statewide needs assessment concerning the quality and availability of
578 early childhood education, health, and development programs and services for children in early
579 childhood.
580 Section 10. Section 26B-1-424 is amended to read:
581 26B-1-424. Adult Autism Treatment Program Advisory Committee --
582 Membership -- Procedures -- Compensation -- Duties -- Expenses.
583 (1) As used in this section, "autism spectrum disorder" means the same as that term is
584 defined in Section 31A-22-642.
585 (2) The Adult Autism Treatment Advisory Committee created in Section 26B-1-204
586 shall consist of six members appointed by the governor to two-year terms as follows:
587 (a) one individual who:
588 (i) has a doctorate degree in psychology;
589 (ii) is a licensed behavior analyst practicing in the state; and
590 (iii) has treated adults with an autism spectrum disorder for at least three years;
591 (b) one individual who is:
592 (i) employed by the department; and
593 (ii) has professional experience with the treatment of autism spectrum disorder;
594 (c) three individuals who have firsthand experience with autism spectrum disorders and
595 the effects, diagnosis, treatment, and rehabilitation of autism spectrum disorders, including:
596 (i) family members of an adult with an autism spectrum disorder;
597 (ii) representatives of an association that advocates for adults with an autism spectrum
598 disorder; and
599 (iii) specialists or professionals who work with adults with an autism spectrum
600 disorder; and
601 (d) one individual who is:
602 (i) a health insurance professional;
603 (ii) holds a Doctor of Medicine or Doctor of Philosophy degree, with professional
604 experience relating to the treatment of autism spectrum disorder; and
605 (iii) has a knowledge of autism benefits and therapy that are typically covered by the
606 health insurance industry.
607 (3) (a) Notwithstanding Subsection (2), the governor shall, at the time of appointment
608 or reappointment, adjust the length of terms to ensure the terms of members are staggered so
609 that approximately half of the advisory committee is appointed every year.
610 (b) If a vacancy occurs in the membership of the advisory committee, the governor may
611 appoint a replacement for the unexpired term.
612 (c) The advisory committee shall annually elect a chair from its membership.
613 (d) A majority of the advisory committee constitutes a quorum at any meeting and, if a
614 quorum exists, the action of the majority of members present is the action of the advisory
615 committee.
616 (4) The advisory committee shall meet as necessary to:
617 (a) advise the department regarding implementation of the Adult Autism Treatment
618 Program created in Section 26B-4-602; and
619 (b) make recommendations to the department and the Legislature for improving the
620 Adult Autism Treatment Program[
621 [
622
623 [
624 [
625 [
626 (5) The advisory committee shall comply with the procedures and requirements of:
627 (a) Title 52, Chapter 4, Open and Public Meetings Act; and
628 (b) Title 63G, Chapter 2, Government Records Access and Management Act.
629 (6) A member may not receive compensation or benefits for the member's service, but
630 may receive per diem and travel expenses in accordance with:
631 (a) Section 63A-3-106;
632 (b) Section 63A-3-107; and
633 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
634 63A-3-107.
635 (7) (a) The department shall staff the advisory committee.
636 (b) Expenses of the advisory committee, including the cost of advisory committee staff
637 if approved by the executive director, may be paid only with funds from the Adult Autism
638 Treatment Account created in Section 26B-1-322.
639 Section 11. Section 26B-3-210 is amended to read:
640 26B-3-210. Medicaid waiver expansion.
641 (1) As used in this section:
642 (a) "Federal poverty level" means the same as that term is defined in Section
643 26B-3-207.
644 (b) "Medicaid waiver expansion" means an expansion of the Medicaid program in
645 accordance with this section.
646 (2) (a) Before January 1, 2019, the department shall apply to CMS for approval of a
647 waiver or state plan amendment to implement the Medicaid waiver expansion.
648 (b) The Medicaid waiver expansion shall:
649 (i) expand Medicaid coverage to eligible individuals whose income is below 95% of
650 the federal poverty level;
651 (ii) obtain maximum federal financial participation under 42 U.S.C. Sec. 1396d(y) for
652 enrolling an individual in the Medicaid program;
653 (iii) provide Medicaid benefits through the state's Medicaid accountable care
654 organizations in areas where a Medicaid accountable care organization is implemented;
655 (iv) integrate the delivery of behavioral health services and physical health services
656 with Medicaid accountable care organizations in select geographic areas of the state that
657 choose an integrated model;
658 (v) include a path to self-sufficiency, including work activities as defined in 42 U.S.C.
659 Sec. 607(d), for qualified adults;
660 (vi) require an individual who is offered a private health benefit plan by an employer to
661 enroll in the employer's health plan;
662 (vii) sunset in accordance with Subsection (5)(a); and
663 (viii) permit the state to close enrollment in the Medicaid waiver expansion if the
664 department has insufficient funding to provide services to additional eligible individuals.
665 (3) If the Medicaid waiver described in Subsection (2)(a) is approved, the department
666 may only pay the state portion of costs for the Medicaid waiver expansion with appropriations
667 from:
668 (a) the Medicaid Expansion Fund, created in Section 26B-1-315;
669 (b) county contributions to the non-federal share of Medicaid expenditures; and
670 (c) any other contributions, funds, or transfers from a non-state agency for Medicaid
671 expenditures.
672 (4) (a) In consultation with the department, Medicaid accountable care organizations
673 and counties that elect to integrate care under Subsection (2)(b)(iv) shall collaborate on
674 enrollment, engagement of patients, and coordination of services.
675 (b) As part of the provision described in Subsection (2)(b)(iv), the department shall
676 apply for a waiver to permit the creation of an integrated delivery system:
677 (i) for any geographic area that expresses interest in integrating the delivery of services
678 under Subsection (2)(b)(iv); and
679 (ii) in which the department:
680 (A) may permit a local mental health authority to integrate the delivery of behavioral
681 health services and physical health services;
682 (B) may permit a county, local mental health authority, or Medicaid accountable care
683 organization to integrate the delivery of behavioral health services and physical health services
684 to select groups within the population that are newly eligible under the Medicaid waiver
685 expansion; and
686 (C) may make rules in accordance with Title 63G, Chapter 3, Utah Administrative
687 Rulemaking Act, to integrate payments for behavioral health services and physical health
688 services to plans or providers.
689 (5) (a) If federal financial participation for the Medicaid waiver expansion is reduced
690 below 90%, the authority of the department to implement the Medicaid waiver expansion shall
691 sunset no later than the next July 1 after the date on which the federal financial participation is
692 reduced.
693 (b) The department shall close the program to new enrollment if the cost of the
694 Medicaid waiver expansion is projected to exceed the appropriations for the fiscal year that are
695 authorized by the Legislature through an appropriations act adopted in accordance with Title
696 63J, Chapter 1, Budgetary Procedures Act.
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704 Section 12. Section 26B-3-218 is amended to read:
705 26B-3-218. Medicaid waiver for inpatient care in an institution for mental
706 diseases.
707 (1) As used in this section, "institution for mental diseases" means the same as that
708 term is defined in 42 C.F.R. Sec. 435.1010.
709 (2) Before August 1, 2020, the division shall apply for a Medicaid waiver or a state
710 plan amendment with CMS to offer a program that provides reimbursement for mental health
711 services that are provided:
712 (a) in an institution for mental diseases that includes more than 16 beds; and
713 (b) to an individual who receives mental health services in an institution for mental
714 diseases for a period of more than 15 days in a calendar month.
715 (3) If the waiver or state plan amendment described in Subsection (2) is approved, the
716 department shall[
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719
720
721
722 (4) Notwithstanding Sections 17-43-201 and 17-43-301, if the waiver or state plan
723 amendment described in Subsection (2) is approved, a county does not have to provide
724 matching funds to the state for the mental health services described in Subsection (2) that are
725 provided to an individual who qualifies for Medicaid coverage under Section 26B-3-113 or
726 26B-3-207.
727 Section 13. Section 26B-4-702 is amended to read:
728 26B-4-702. Creation of Utah Health Care Workforce Financial Assistance
729 Program -- Duties of department.
730 (1) As used in this section:
731 (a) "Eligible professional" means a geriatric professional or a health care professional
732 who is eligible to participate in the program.
733 (b) "Geriatric professional" means a person who:
734 (i) is a licensed:
735 (A) health care professional;
736 (B) social worker;
737 (C) occupational therapist;
738 (D) pharmacist;
739 (E) physical therapist; or
740 (F) psychologist; and
741 (ii) is determined by the department to have adequate advanced training in geriatrics to
742 prepare the person to provide specialized geriatric care within the scope of the person's
743 profession.
744 (c) "Health care professional" means:
745 (i) a licensed:
746 (A) physician;
747 (B) physician assistant;
748 (C) nurse;
749 (D) dentist; or
750 (E) mental health therapist; or
751 (ii) another licensed health care professional designated by the department by rule.
752 (d) "Program" means the Utah Health Care Workforce Financial Assistance Program
753 created in this section.
754 (e) "Underserved area" means an area designated by the department as underserved by
755 health care professionals, based upon the results of a needs assessment developed by the
756 department in consultation with the Utah Health Care Workforce Financial Assistance Program
757 Advisory Committee created under Section 26B-1-419.
758 (2) There is created within the department the Utah Health Care Workforce Financial
759 Assistance Program to provide, within funding appropriated by the Legislature for the
760 following purposes:
761 (a) professional education scholarships and loan repayment assistance to health care
762 professionals who locate or continue to practice in underserved areas; and
763 (b) loan repayment assistance to geriatric professionals who locate or continue to
764 practice in underserved areas.
765 (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
766 department shall make rules governing the administration of the program, including rules that
767 address:
768 (a) application procedures;
769 (b) eligibility criteria;
770 (c) selection criteria;
771 (d) service conditions, which at a minimum shall include professional service in an
772 underserved area for a minimum period of time by any person receiving a scholarship or loan
773 repayment assistance;
774 (e) penalties for failure to comply with service conditions or other terms of a
775 scholarship or loan repayment contract;
776 (f) criteria for modifying or waiving service conditions or penalties in case of extreme
777 hardship or other good cause; and
778 (g) administration of contracts entered into before the effective date of this act,
779 between the department and scholarship or loan repayment recipients, as authorized by law.
780 (4) The department may provide education loan repayment assistance to an eligible
781 professional if the eligible professional:
782 (a) agrees to practice in an underserved area for the duration of the eligible
783 professional's participation in the program; and
784 (b) submits a written commitment from the health care facility employing the eligible
785 professional that the health care facility will provide education loan repayment assistance to the
786 eligible professional in an amount equal to 20% of the total award amount provided to the
787 eligible professional.
788 (5) The department shall seek and consider the recommendations of the Utah Health
789 Care Workforce Financial Assistance Program Advisory Committee created under Section
790 26B-1-419 as it develops and modifies rules to administer the program.
791 (6) Funding for the program:
792 (a) shall be a line item within the appropriations act;
793 (b) shall be nonlapsing unless designated otherwise by the Legislature; and
794 (c) may be used to cover administrative costs of the program, including reimbursement
795 expenses of the Utah Health Care Workforce Financial Assistance Program Advisory
796 Committee created under Section 26B-1-419.
797 (7) Refunds for loan repayment assistance, penalties for breach of contract, and other
798 payments to the program are dedicated credits to the program.
799 [
800
801 Section 14. Section 26B-4-703 is amended to read:
802 26B-4-703. Rural Physician Loan Repayment Program -- Purpose -- Repayment
803 limit -- Funding -- Reporting -- Rulemaking -- Advisory committee.
804 (1) There is created within the department the Rural Physician Loan Repayment
805 Program to provide, within funding appropriated by the Legislature for this purpose, education
806 loan repayment assistance to physicians in accordance with Subsection (2).
807 (2) The department may enter into an education loan repayment assistance contract
808 with a physician if:
809 (a) the physician:
810 (i) locates or continues to practice in a rural county; and
811 (ii) has a written commitment from a rural hospital that the hospital will provide
812 education loan repayment assistance to the physician;
813 (b) the assistance provided by the program does not exceed the assistance provided by
814 the rural hospital; and
815 (c) the physician is otherwise eligible for assistance under administrative rules adopted
816 under Subsection (6).
817 (3) Funding for the program:
818 (a) shall be a line item within an appropriations act;
819 (b) may be used to pay for the per diem and travel expenses of the Rural Physician
820 Loan Repayment Program Advisory Committee under Subsection 26B-1-423(5); and
821 (c) may be used to pay for department expenses incurred in the administration of the
822 program:
823 (i) including administrative support provided to the Rural Physician Loan Repayment
824 Program Advisory Committee created under Subsection 26B-1-423(7); and
825 (ii) in an amount not exceeding 10% of funding for the program.
826 (4) Refunds of loan repayment assistance, penalties for breach of contract, and other
827 payments to the program are dedicated credits to the program.
828 (5) [
829 [
830 the preceding five years to the Social Services Appropriations Subcommittee.
831 (6) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
832 the department shall make rules governing the administration of the program, including rules
833 that address:
834 (i) application procedures;
835 (ii) eligibility criteria;
836 (iii) verification of the amount provided by a rural hospital to a physician for
837 repayment of the physician's education loans;
838 (iv) service conditions, which at a minimum shall include professional service by the
839 physician in the rural hospital providing loan repayment assistance to the physician;
840 (v) selection criteria and assistance amounts;
841 (vi) penalties for failure to comply with service conditions or other terms of a loan
842 repayment assistance contract; and
843 (vii) criteria for modifying or waiving service conditions or penalties in the case of
844 extreme hardship or for other good cause.
845 (b) The department shall seek and consider the recommendations of the Rural
846 Physician Loan Repayment Program Advisory Committee created in Section 26B-1-423 as it
847 develops and modifies rules to administer the program.
848 Section 15. Section 26B-4-711 is amended to read:
849 26B-4-711. Residency grant program.
850 (1) As used in this section:
851 (a) "D.O. program" means an osteopathic medical program that prepares a graduate to
852 obtain licensure as a doctor of osteopathic medicine upon completing a state's licensing
853 requirements.
854 (b) "M.D. program" means a medical education program that prepares a graduate to
855 obtain licensure as a doctor of medicine upon completing a state's licensing requirements.
856 (c) "Residency program" means a program that provides training for graduates of a
857 D.O. program or an M.D. program.
858 (2) UMEC shall develop a grant program where a sponsoring institution in Utah may
859 apply for a grant to establish a new residency program or expand a current residency program.
860 (3) An applicant for a grant shall:
861 (a) provide the proposed specialty area for each grant funded residency position;
862 (b) identify where the grant funded residency position will provide care;
863 (c) (i) provide proof that the residency program is accredited by the Accreditation
864 Council for Graduate Medical Education; or
865 (ii) identify what actions need to occur for the proposed residency program to become
866 accredited by the Accreditation Council for Graduate Medical Education;
867 (d) identify how a grant funded residency position will be funded once the residency
868 program exhausts the grant money;
869 (e) agree to implement selection processes for a residency position that treat applicants
870 from D.O. programs and applicants from M.D. programs equally;
871 (f) agree to provide information identified by UMEC that relates to post-residency
872 employment outcomes for individuals who work in grant funded residency positions; and
873 (g) provide any other information related to the grant application UMEC deems
874 necessary.
875 (4) UMEC shall prioritize awarding grants to new or existing residency programs that
876 will:
877 (a) address a workforce shortage, occurring in Utah, for a specialty; or
878 (b) serve an underserved population, including a rural population.
879 (5) [
880 then every three years thereafter, the Health Workforce Advisory Council, in consultation with
881 UMEC, shall provide a written report to the Higher Education Appropriations Subcommittee
882 and the Social Services Appropriations Subcommittee describing:
883 (a) which sponsoring institutions received a grant;
884 (b) the number of residency positions created; and
885 (c) for each residency position created:
886 (i) the type of specialty;
887 (ii) where the residency position provides care; and
888 (iii) an estimated date of when a grant funded residency position will no longer need
889 grant funding.
890 Section 16. Section 26B-5-102 is amended to read:
891 26B-5-102. Division of Integrated Healthcare -- Office of Substance Use and
892 Mental Health -- Creation -- Responsibilities.
893 (1) (a) The Division of Integrated Healthcare shall exercise responsibility over the
894 policymaking functions, regulatory and enforcement powers, rights, duties, and responsibilities
895 outlined in state law that were previously vested in the Division of Substance Abuse and
896 Mental Health within the department, under the administration and general supervision of the
897 executive director.
898 (b) The division is the substance abuse authority and the mental health authority for
899 this state.
900 (c) There is created the Office of Substance Use and Mental Health within the division.
901 (d) The office shall exercise the responsibilities, powers, rights, duties, and
902 responsibilities assigned to the office by the executive director.
903 (2) The division shall:
904 (a) (i) educate the general public regarding the nature and consequences of substance
905 use by promoting school and community-based prevention programs;
906 (ii) render support and assistance to public schools through approved school-based
907 substance abuse education programs aimed at prevention of substance use;
908 (iii) promote or establish programs for the prevention of substance use within the
909 community setting through community-based prevention programs;
910 (iv) cooperate with and assist treatment centers, recovery residences, and other
911 organizations that provide services to individuals recovering from a substance use disorder, by
912 identifying and disseminating information about effective practices and programs;
913 (v) promote integrated programs that address an individual's substance use, mental
914 health, and physical health;
915 (vi) establish and promote an evidence-based continuum of screening, assessment,
916 prevention, treatment, and recovery support services in the community for individuals with a
917 substance use disorder or mental illness;
918 (vii) evaluate the effectiveness of programs described in this Subsection (2);
919 (viii) consider the impact of the programs described in this Subsection (2) on:
920 (A) emergency department utilization;
921 (B) jail and prison populations;
922 (C) the homeless population; and
923 (D) the child welfare system; and
924 (ix) promote or establish programs for education and certification of instructors to
925 educate individuals convicted of driving under the influence of alcohol or drugs or driving with
926 any measurable controlled substance in the body;
927 (b) (i) collect and disseminate information pertaining to mental health;
928 (ii) provide direction over the state hospital including approval of the state hospital's
929 budget, administrative policy, and coordination of services with local service plans;
930 (iii) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
931 Rulemaking Act, to educate families concerning mental illness and promote family
932 involvement, when appropriate, and with patient consent, in the treatment program of a family
933 member; and
934 (iv) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
935 Rulemaking Act, to direct that an individual receiving services through a local mental health
936 authority or the Utah State Hospital be informed about and, if desired by the individual,
937 provided assistance in the completion of a declaration for mental health treatment in
938 accordance with Section 26B-5-313;
939 (c) (i) consult and coordinate with local substance abuse authorities and local mental
940 health authorities regarding programs and services;
941 (ii) provide consultation and other assistance to public and private agencies and groups
942 working on substance use and mental health issues;
943 (iii) promote and establish cooperative relationships with courts, hospitals, clinics,
944 medical and social agencies, public health authorities, law enforcement agencies, education and
945 research organizations, and other related groups;
946 (iv) promote or conduct research on substance use and mental health issues, and submit
947 to the governor and the Legislature recommendations for changes in policy and legislation;
948 (v) receive, distribute, and provide direction over public funds for substance use and
949 mental health services;
950 (vi) monitor and evaluate programs provided by local substance abuse authorities and
951 local mental health authorities;
952 (vii) examine expenditures of local, state, and federal funds;
953 (viii) monitor the expenditure of public funds by:
954 (A) local substance abuse authorities;
955 (B) local mental health authorities; and
956 (C) in counties where they exist, a private contract provider that has an annual or
957 otherwise ongoing contract to provide comprehensive substance abuse or mental health
958 programs or services for the local substance abuse authority or local mental health authority;
959 (ix) contract with local substance abuse authorities and local mental health authorities
960 to provide a comprehensive continuum of services that include community-based services for
961 individuals involved in the criminal justice system, in accordance with division policy, contract
962 provisions, and the local plan;
963 (x) contract with private and public entities for special statewide or nonclinical
964 services, or services for individuals involved in the criminal justice system, according to
965 division rules;
966 (xi) review and approve each local substance abuse authority's plan and each local
967 mental health authority's plan in order to ensure:
968 (A) a statewide comprehensive continuum of substance use services;
969 (B) a statewide comprehensive continuum of mental health services;
970 (C) services result in improved overall health and functioning;
971 (D) a statewide comprehensive continuum of community-based services designed to
972 reduce criminal risk factors for individuals who are determined to have substance use or mental
973 illness conditions or both, and who are involved in the criminal justice system;
974 (E) compliance, where appropriate, with the certification requirements in Subsection
975 (2)(j); and
976 (F) appropriate expenditure of public funds;
977 (xii) review and make recommendations regarding each local substance abuse
978 authority's contract with the local substance abuse authority's provider of substance use
979 programs and services and each local mental health authority's contract with the local mental
980 health authority's provider of mental health programs and services to ensure compliance with
981 state and federal law and policy;
982 (xiii) monitor and ensure compliance with division rules and contract requirements;
983 and
984 (xiv) withhold funds from local substance abuse authorities, local mental health
985 authorities, and public and private providers for contract noncompliance, failure to comply
986 with division directives regarding the use of public funds, or for misuse of public funds or
987 money;
988 (d) ensure that the requirements of this part are met and applied uniformly by local
989 substance abuse authorities and local mental health authorities across the state;
990 (e) require each local substance abuse authority and each local mental health authority,
991 in accordance with Subsections 17-43-201(5)(b) and 17-43-301(6)(a)(ii), to submit a plan to
992 the division on or before May 15 of each year;
993 (f) conduct an annual program audit and review of each local substance abuse authority
994 and each local substance abuse authority's contract provider, and each local mental health
995 authority and each local mental health authority's contract provider, including:
996 (i) a review and determination regarding whether:
997 (A) public funds allocated to the local substance abuse authority or the local mental
998 health authorities are consistent with services rendered by the authority or the authority's
999 contract provider, and with outcomes reported by the authority's contract provider; and
1000 (B) each local substance abuse authority and each local mental health authority is
1001 exercising sufficient oversight and control over public funds allocated for substance use
1002 disorder and mental health programs and services; and
1003 (ii) items determined by the division to be necessary and appropriate;
1004 (g) define "prevention" by rule as required under Title 32B, Chapter 2, Part 4,
1005 Alcoholic Beverage and Substance Abuse Enforcement and Treatment Restricted Account Act;
1006 (h) (i) train and certify an adult as a peer support specialist, qualified to provide peer
1007 supports services to an individual with:
1008 (A) a substance use disorder;
1009 (B) a mental health disorder; or
1010 (C) a substance use disorder and a mental health disorder;
1011 (ii) certify a person to carry out, as needed, the division's duty to train and certify an
1012 adult as a peer support specialist;
1013 (iii) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
1014 Rulemaking Act, that:
1015 (A) establish training and certification requirements for a peer support specialist;
1016 (B) specify the types of services a peer support specialist is qualified to provide;
1017 (C) specify the type of supervision under which a peer support specialist is required to
1018 operate; and
1019 (D) specify continuing education and other requirements for maintaining or renewing
1020 certification as a peer support specialist; and
1021 (iv) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
1022 Rulemaking Act, that:
1023 (A) establish the requirements for a person to be certified to carry out, as needed, the
1024 division's duty to train and certify an adult as a peer support specialist; and
1025 (B) specify how the division shall provide oversight of a person certified to train and
1026 certify a peer support specialist;
1027 (i) collaborate with the State Commission on Criminal and Juvenile Justice to analyze
1028 and provide recommendations to the Legislature regarding:
1029 (i) pretrial services and the resources needed to reduce recidivism;
1030 (ii) county jail and county behavioral health early-assessment resources needed for an
1031 individual convicted of a class A or class B misdemeanor; and
1032 (iii) the replacement of federal dollars associated with drug interdiction law
1033 enforcement task forces that are reduced;
1034 (j) establish performance goals and outcome measurements for a mental health or
1035 substance use treatment program that is licensed under Chapter 2, Part 1, Human Services
1036 Programs and Facilities, and contracts with the department, including goals and measurements
1037 related to employment and reducing recidivism of individuals receiving mental health or
1038 substance use treatment who are involved with the criminal justice system;
1039 (k) annually, on or before November 30, submit a written report to the Judiciary
1040 Interim Committee, the Health and Human Services Interim Committee, and the Law
1041 Enforcement and Criminal Justice Interim Committee, that includes:
1042 (i) a description of the performance goals and outcome measurements described in
1043 Subsection (2)(j); and
1044 (ii) information on the effectiveness of the goals and measurements in ensuring
1045 appropriate and adequate mental health or substance use treatment is provided in a treatment
1046 program described in Subsection (2)(j);
1047 (l) collaborate with the Administrative Office of the Courts, the Department of
1048 Corrections, the Department of Workforce Services, and the Board of Pardons and Parole to
1049 collect data on recidivism in accordance with the metrics and requirements described in
1050 Section 63M-7-102;
1051 (m) at the division's discretion, use the data described in Subsection (2)(l) to make
1052 decisions regarding the use of funds allocated to the division to provide treatment;
1053 (n) annually, on or before August 31, submit the data collected under Subsection (2)(l)
1054 and any recommendations to improve the data collection to the State Commission on Criminal
1055 and Juvenile Justice to be included in the report described in Subsection 63M-7-204(1)(x);
1056 (o) publish the following on the division's website:
1057 (i) the performance goals and outcome measurements described in Subsection (2)(j);
1058 and
1059 (ii) a description of the services provided and the contact information for the mental
1060 health and substance use treatment programs described in Subsection (2)(j) and residential,
1061 vocational and life skills programs, as defined in Section 13-53-102; and
1062 (p) consult and coordinate with the Division of Child and Family Services to develop
1063 and manage the operation of a program designed to reduce substance use during pregnancy and
1064 by parents of a newborn child that includes:
1065 (i) providing education and resources to health care providers and individuals in the
1066 state regarding prevention of substance use during pregnancy;
1067 (ii) providing training to health care providers in the state regarding screening of a
1068 pregnant woman or pregnant minor to identify a substance use disorder; and
1069 (iii) providing referrals to pregnant women, pregnant minors, or parents of a newborn
1070 child in need of substance use treatment services to a facility that has the capacity to provide
1071 the treatment services.
1072 (3) In addition to the responsibilities described in Subsection (2), the division shall,
1073 within funds appropriated by the Legislature for this purpose, implement and manage the
1074 operation of a firearm safety and suicide prevention program, in consultation with the Bureau
1075 of Criminal Identification created in Section 53-10-201, including:
1076 (a) coordinating with local mental health and substance abuse authorities, a nonprofit
1077 behavioral health advocacy group, and a representative from a Utah-based nonprofit
1078 organization with expertise in the field of firearm use and safety that represents firearm owners,
1079 to:
1080 (i) produce and periodically review and update a firearm safety brochure and other
1081 educational materials with information about the safe handling and use of firearms that
1082 includes:
1083 (A) information on safe handling, storage, and use of firearms in a home environment;
1084 (B) information about at-risk individuals and individuals who are legally prohibited
1085 from possessing firearms;
1086 (C) information about suicide prevention awareness; and
1087 (D) information about the availability of firearm safety packets;
1088 (ii) procure cable-style gun locks for distribution under this section;
1089 (iii) produce a firearm safety packet that includes the firearm safety brochure and the
1090 cable-style gun lock described in this Subsection (3); and
1091 (iv) create a suicide prevention education course that:
1092 (A) provides information for distribution regarding firearm safety education;
1093 (B) incorporates current information on how to recognize suicidal behaviors and
1094 identify individuals who may be suicidal; and
1095 (C) provides information regarding crisis intervention resources;
1096 (b) distributing, free of charge, the firearm safety packet to the following persons, who
1097 shall make the firearm safety packet available free of charge:
1098 (i) health care providers, including emergency rooms;
1099 (ii) mobile crisis outreach teams;
1100 (iii) mental health practitioners;
1101 (iv) other public health suicide prevention organizations;
1102 (v) entities that teach firearm safety courses;
1103 (vi) school districts for use in the seminar, described in Section 53G-9-702, for parents
1104 of students in the school district; and
1105 (vii) firearm dealers to be distributed in accordance with Section 76-10-526;
1106 (c) creating and administering a rebate program that includes a rebate that offers
1107 between $10 and $200 off the purchase price of a firearm safe from a participating firearms
1108 dealer or a person engaged in the business of selling firearm safes in Utah, by a Utah resident;
1109 and
1110 (d) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1111 making rules that establish procedures for:
1112 (i) producing and distributing the suicide prevention education course and the firearm
1113 safety brochures and packets;
1114 (ii) procuring the cable-style gun locks for distribution; and
1115 (iii) administering the rebate program[
1116 [
1117
1118
1119 (4) (a) The division may refuse to contract with and may pursue legal remedies against
1120 any local substance abuse authority or local mental health authority that fails, or has failed, to
1121 expend public funds in accordance with state law, division policy, contract provisions, or
1122 directives issued in accordance with state law.
1123 (b) The division may withhold funds from a local substance abuse authority or local
1124 mental health authority if the authority's contract provider of substance use or mental health
1125 programs or services fails to comply with state and federal law or policy.
1126 (5) (a) Before reissuing or renewing a contract with any local substance abuse authority
1127 or local mental health authority, the division shall review and determine whether the local
1128 substance abuse authority or local mental health authority is complying with the oversight and
1129 management responsibilities described in Sections 17-43-201, 17-43-203, 17-43-303, and
1130 17-43-309.
1131 (b) Nothing in this Subsection (5) may be used as a defense to the responsibility and
1132 liability described in Section 17-43-303 and to the responsibility and liability described in
1133 Section 17-43-203.
1134 (6) In carrying out the division's duties and responsibilities, the division may not
1135 duplicate treatment or educational facilities that exist in other divisions or departments of the
1136 state, but shall work in conjunction with those divisions and departments in rendering the
1137 treatment or educational services that those divisions and departments are competent and able
1138 to provide.
1139 (7) The division may accept in the name of and on behalf of the state donations, gifts,
1140 devises, or bequests of real or personal property or services to be used as specified by the
1141 donor.
1142 (8) The division shall annually review with each local substance abuse authority and
1143 each local mental health authority the authority's statutory and contract responsibilities
1144 regarding:
1145 (a) use of public funds;
1146 (b) oversight of public funds; and
1147 (c) governance of substance use disorder and mental health programs and services.
1148 (9) The Legislature may refuse to appropriate funds to the division upon the division's
1149 failure to comply with the provisions of this part.
1150 (10) If a local substance abuse authority contacts the division under Subsection
1151 17-43-201(10) for assistance in providing treatment services to a pregnant woman or pregnant
1152 minor, the division shall:
1153 (a) refer the pregnant woman or pregnant minor to a treatment facility that has the
1154 capacity to provide the treatment services; or
1155 (b) otherwise ensure that treatment services are made available to the pregnant woman
1156 or pregnant minor.
1157 (11) The division shall employ a school-based mental health specialist to be housed at
1158 the State Board of Education who shall work with the State Board of Education to:
1159 (a) provide coordination between a local education agency and local mental health
1160 authority;
1161 (b) recommend evidence-based and evidence informed mental health screenings and
1162 intervention assessments for a local education agency; and
1163 (c) coordinate with the local community, including local departments of health, to
1164 enhance and expand mental health related resources for a local education agency.
1165 Section 17. Section 26B-5-110 is amended to read:
1166 26B-5-110. Suicide Prevention Education Program -- Definitions -- Grant
1167 requirements.
1168 (1) As used in this section, "bureau" means the Bureau of Criminal Identification
1169 created in Section 53-10-201 within the Department of Public Safety.
1170 (2) There is created a Suicide Prevention Education Program to fund suicide
1171 prevention education opportunities for federally licensed firearms dealers who operate a retail
1172 establishment open to the public and the dealers' employees.
1173 (3) The division, in conjunction with the bureau, shall provide a grant to an employer
1174 described in Subsection (2) in accordance with the criteria provided in Subsection
1175 [
1176 (4) An employer may apply for a grant of up to $2,500 under the program.
1177 Section 18. Section 26B-5-114 is amended to read:
1178 26B-5-114. Behavioral Health Receiving Center Grant Program.
1179 (1) As used in this section:
1180 (a) "Behavioral health receiving center" means a 23-hour nonsecure program or facility
1181 that is responsible for, and provides mental health crisis services to, an individual experiencing
1182 a mental health crisis.
1183 (b) "Commission" means the Behavioral Health Crisis Response Commission
1184 established in Section 63C-18-202.
1185 (c) "Project" means a behavioral health receiving center project described in
1186 Subsection (2) or (3)(a).
1187 (2) Before July 1, 2020, the division shall issue a request for proposals in accordance
1188 with this section to award a grant to one or more counties of the first or second class, as
1189 classified in Section 17-50-501, to develop and implement a behavioral health receiving center.
1190 (3) (a) Before July 1, 2023, the division shall issue a request for proposals in
1191 accordance with this section to award a grant to one county of the third class, as classified in
1192 Section 17-50- 501, to develop and implement a behavioral health receiving center.
1193 (b) Subject to appropriations by the Legislature, the division shall award grants under
1194 this Subsection (3) before December 31, 2023.
1195 (c) The commission shall provide recommendations to the division regarding the
1196 development and implementation of a behavioral health receiving center.
1197 (4) The purpose of a project is to:
1198 (a) increase access to mental health crisis services for individuals in the state who are
1199 experiencing a mental health crisis; and
1200 (b) reduce the number of individuals in the state who are incarcerated or in a hospital
1201 emergency room while experiencing a mental health crisis.
1202 (5) An application for a grant under this section shall:
1203 (a) identify the population to which the behavioral health receiving center will provide
1204 mental health crisis services;
1205 (b) identify the type of mental health crisis services the behavioral health receiving
1206 center will provide;
1207 (c) explain how the population described in Subsection (5)(a) will benefit from the
1208 provision of mental health crisis services;
1209 (d) provide details regarding:
1210 (i) how the proposed project plans to provide mental health crisis services;
1211 (ii) how the proposed project will ensure that consideration is given to the capacity of
1212 the behavioral health receiving center;
1213 (iii) how the proposed project will ensure timely and effective provision of mental
1214 health crisis services;
1215 (iv) the cost of the proposed project;
1216 (v) any existing or planned contracts or partnerships between the applicant and other
1217 individuals or entities to develop and implement the proposed project;
1218 (vi) any plan to use funding sources in addition to a grant under this section for the
1219 proposed project;
1220 (vii) the sustainability of the proposed project; and
1221 (viii) the methods the proposed project will use to:
1222 (A) protect the privacy of each individual who receives mental health crisis services
1223 from the behavioral health receiving center;
1224 (B) collect nonidentifying data relating to the proposed project; and
1225 (C) provide transparency on the costs and operation of the proposed project; and
1226 (e) provide other information requested by the division to ensure that the proposed
1227 project satisfies the criteria described in Subsection (7).
1228 (6) A recipient of a grant under this section shall enroll as a Medicaid provider and
1229 meet minimum standards of care for behavioral health receiving centers established by the
1230 division.
1231 (7) In evaluating an application for the grant, the division shall consider:
1232 (a) the extent to which the proposed project will fulfill the purposes described in
1233 Subsection (4);
1234 (b) the extent to which the population described in Subsection (5)(a) is likely to benefit
1235 from the proposed project;
1236 (c) the cost of the proposed project;
1237 (d) the extent to which any existing or planned contracts or partnerships between the
1238 applicant and other individuals or entities to develop and implement the project, or additional
1239 funding sources available to the applicant for the proposed project, are likely to benefit the
1240 proposed project; and
1241 (e) the viability and innovation of the proposed project.
1242 [
1243
1244 [
1245 [
1246
1247 [
1248
1249 [
1250
1251 [
1252
1253 [
1254 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for the
1255 application and award of a grant under this section.
1256 (b) (i) The rules created under Subsection [
1257 (A) implement a funding structure for a behavioral health receiving center developed
1258 using a grant awarded under this section;
1259 (B) include implementation standards and minimum program requirements for a
1260 behavioral health receiving center developed using a grant awarded under this section,
1261 including minimum guidelines and standards of care, and minimum staffing requirements; and
1262 (C) require a behavioral health receiving center developed using a grant awarded under
1263 this section to operate 24 hours per day, seven days per week, and every day of the year.
1264 (ii) The funding structure described in Subsection [
1265 provide for tiers and phases of shared funding coverage between the state and counties.
1266 [
1267 Services Interim Committee regarding:
1268 (a) grants awarded under Subsection (3)(a); and
1269 (b) the details of each project described in Subsection (3)(a).
1270 [
1271 Human Services Interim Committee that includes[
1272 described in Subsection (3)(a)[
1273 [
1274 Section 19. Section 26B-5-116 is amended to read:
1275 26B-5-116. Suicide prevention technical assistance program.
1276 (1) As used in this section, "technical assistance" means training for the prevention of
1277 suicide.
1278 (2) (a) Before July 1, 2021, and each subsequent July 1, the division shall solicit
1279 applications from health care organizations to receive technical assistance provided by the
1280 division.
1281 (b) The division shall approve at least one but not more than six applications each year.
1282 (c) The division shall determine which applicants receive the technical assistance
1283 before December 31 of each year.
1284 (3) An application for technical assistance under this section shall:
1285 (a) identify the population to whom the health care organization will provide suicide
1286 prevention services;
1287 (b) identify how the health care organization plans to implement the skills and
1288 knowledge gained from the technical assistance;
1289 (c) identify the health care organization's current resources used for the prevention of
1290 suicide;
1291 (d) explain how the population described in Subsection (3)(a) will benefit from the
1292 health care organization receiving technical assistance;
1293 (e) provide details regarding:
1294 (i) how the health care organization will provide timely and effective suicide
1295 prevention services;
1296 (ii) any existing or planned contracts or partnerships between the health care
1297 organization and other persons that are related to suicide prevention; and
1298 (iii) the methods the health care organization will use to:
1299 (A) protect the privacy of each individual to whom the health care organization
1300 provides suicide prevention services; and
1301 (B) collect non-identifying data; and
1302 (f) provide other information requested by the division for the division to evaluate the
1303 application.
1304 (4) In evaluating an application for technical assistance, the division shall consider:
1305 (a) the extent to which providing technical assistance to the health care organization
1306 will fulfill the purpose of preventing suicides in the state;
1307 (b) the extent to which the population described in Subsection (3)(a) is likely to benefit
1308 from the health care organization receiving the technical assistance;
1309 (c) the cost of providing the technical assistance to the health care organization; and
1310 (d) the extent to which any of the following are likely to benefit the heath care
1311 organization's ability to assist in preventing suicides in the state:
1312 (i) existing or planned contracts or partnerships between the applicant and other
1313 persons to develop and implement other initiatives; or
1314 (ii) additional funding sources available to the applicant for suicide prevention
1315 services.
1316 [
1317
1318
1319
1320 [
1321
1322 [
1323
1324 [
1325 [
1326
1327 [
1328 Section 20. Section 26B-5-611 is amended to read:
1329 26B-5-611. Suicide prevention -- Reporting requirements.
1330 (1) As used in this section:
1331 (a) "Advisory Council" means the Utah Substance Use and Mental Health Advisory
1332 Council created in Section 63M-7-301.
1333 (b) "Bureau" means the Bureau of Criminal Identification created in Section 53-10-201
1334 within the Department of Public Safety.
1335 (c) "Coalition" means the Statewide Suicide Prevention Coalition created under
1336 Subsection (3).
1337 (d) "Coordinator" means the state suicide prevention coordinator appointed under
1338 Subsection (2).
1339 (e) "Fund" means the Governor's Suicide Prevention Fund created in Section
1340 26B-1-325.
1341 (f) "Intervention" means an effort to prevent a person from attempting suicide.
1342 (g) "Legal intervention" means an incident in which an individual is shot by another
1343 individual who has legal authority to use deadly force.
1344 (h) "Postvention" means intervention after a suicide attempt or a suicide death to
1345 reduce risk and promote healing.
1346 (i) "Shooter" means an individual who uses a gun in an act that results in the death of
1347 the actor or another individual, whether the act was a suicide, homicide, legal intervention, act
1348 of self-defense, or accident.
1349 (2) The division shall appoint a state suicide prevention coordinator to administer a
1350 state suicide prevention program composed of suicide prevention, intervention, and postvention
1351 programs, services, and efforts.
1352 (3) The coordinator shall:
1353 (a) establish a Statewide Suicide Prevention Coalition with membership from public
1354 and private organizations and Utah citizens; and
1355 (b) appoint a chair and co-chair from among the membership of the coalition to lead
1356 the coalition.
1357 (4) The state suicide prevention program may include the following components:
1358 (a) delivery of resources, tools, and training to community-based coalitions;
1359 (b) evidence-based suicide risk assessment tools and training;
1360 (c) town hall meetings for building community-based suicide prevention strategies;
1361 (d) suicide prevention gatekeeper training;
1362 (e) training to identify warning signs and to manage an at-risk individual's crisis;
1363 (f) evidence-based intervention training;
1364 (g) intervention skills training;
1365 (h) postvention training; or
1366 (i) a public education campaign to improve public awareness about warning signs of
1367 suicide and suicide prevention resources.
1368 (5) The coordinator shall coordinate with the following to gather statistics, among
1369 other duties:
1370 (a) local mental health and substance abuse authorities;
1371 (b) the State Board of Education, including the public education suicide prevention
1372 coordinator described in Section 53G-9-702;
1373 (c) applicable divisions and offices within the department;
1374 (d) health care providers, including emergency rooms;
1375 (e) federal agencies, including the Federal Bureau of Investigation;
1376 (f) other unbiased sources; and
1377 (g) other public health suicide prevention efforts.
1378 [
1379
1380 [
1381
1382 [
1383
1384 [
1385
1386 [
1387
1388 [
1389 the operation of the firearm safety program described in Subsection 26B-5-102(3).
1390 [
1391 Act, the division shall make rules:
1392 (a) governing the implementation of the state suicide prevention program, consistent
1393 with this section; and
1394 (b) in conjunction with the bureau, defining the criteria for employers to apply for
1395 grants under the Suicide Prevention Education Program described in Section 26B-5-110, which
1396 shall include:
1397 (i) attendance at the suicide prevention education course described in Subsection
1398 26B-5-102(3); and
1399 (ii) distribution of the firearm safety brochures or packets created in Subsection
1400 26B-5-102(3), but does not require the distribution of a cable-style gun lock with a firearm if
1401 the firearm already has a trigger lock or comparable safety mechanism.
1402 [
1403 to exceed a total of $100,000 per fiscal year, to suicide prevention programs that focus on the
1404 needs of children who have been served by the Division of Juvenile Justice and Youth
1405 Services.
1406 [
1407 later than October 1 each year, a written report detailing the previous fiscal year's activities to
1408 fund, implement, and evaluate suicide prevention activities described in this section.
1409 Section 21. Section 26B-6-304 is amended to read:
1410 26B-6-304. Powers and duties of the office.
1411 (1) The office shall:
1412 (a) develop and operate a statewide program to:
1413 (i) educate the public about the role and function of guardians and conservators;
1414 (ii) educate guardians and conservators on:
1415 (A) the duties of a guardian and a conservator; and
1416 (B) standards set by the National Guardianship Association for guardians and
1417 conservators; and
1418 (iii) serve as a guardian, conservator, or both for a ward upon appointment by a court
1419 when no other person is able and willing to do so and the office petitioned for or agreed in
1420 advance to the appointment;
1421 (b) possess and exercise all the powers and duties specifically given to the office by
1422 virtue of being appointed as guardian or conservator of a ward, including the power to access a
1423 ward's records;
1424 (c) review and monitor the personal and, if appropriate, financial status of each ward
1425 for whom the office has been appointed to serve as guardian or conservator;
1426 (d) train and monitor each employee and volunteer, and monitor each contract provider
1427 to whom the office has delegated a responsibility for a ward;
1428 (e) retain all court-delegated powers and duties for a ward;
1429 (f) report on the personal and financial status of a ward as required by a court in
1430 accordance with Title 75, Chapter 5, Protection of Persons Under Disability and Their
1431 Property;
1432 (g) handle a ward's funds in accordance with the department's trust account system;
1433 (h) request that the department's audit plan, established pursuant to Section 63I-5-401,
1434 include the requirement of an annual audit of all funds and property held by the office on behalf
1435 of wards;
1436 (i) maintain accurate records concerning each ward, the ward's property, and office
1437 services provided to the ward;
1438 (j) make reasonable and continuous efforts to find a family member, friend, or other
1439 person to serve as a ward's guardian or conservator; and
1440 (k) after termination as guardian or conservator, distribute a ward's property in
1441 accordance with Title 75, Chapter 5, Protection of Persons Under Disability and Their
1442 Property[
1443 [
1444
1445 (2) The office may:
1446 (a) petition a court pursuant to Title 75, Chapter 5, Protection of Persons Under
1447 Disability and Their Property, to be appointed an incapacitated person's guardian, conservator,
1448 or both after conducting a prepetition assessment under Section 26B-6-305;
1449 (b) develop and operate a statewide program to recruit, train, supervise, and monitor
1450 volunteers to assist the office in providing guardian and conservator services;
1451 (c) delegate one or more responsibilities for a ward to an employee, volunteer, or
1452 contract provider, except as provided in Subsection 26B-6-305(1);
1453 (d) solicit and receive private donations to provide guardian and conservator services
1454 under this part; and
1455 (e) adopt rules, in accordance with Title 63G, Chapter 3, Utah Administrative
1456 Rulemaking Act, to:
1457 (i) effectuate policy; and
1458 (ii) carry out the office's role as guardian and conservator of wards as provided in this
1459 chapter.
1460 Section 22. Section 26B-6-703 is amended to read:
1461 26B-6-703. Powers and duties of ombudsman.
1462 The ombudsman shall:
1463 (1) develop and maintain expertise in laws and policies governing the rights and
1464 privileges of an individual with a disability;
1465 (2) provide training and information to private citizens, civic groups, governmental
1466 entities, and other interested parties across the state regarding:
1467 (a) the role and duties of the ombudsman;
1468 (b) the rights and privileges of an individual with a disability; and
1469 (c) services available in the state to an individual with a disability;
1470 (3) develop a website to provide the information described in Subsection (2) in a form
1471 that is easily accessible;
1472 (4) receive, process, and investigate complaints in accordance with this part;
1473 (5) review periodically the procedures of state entities that serve individuals with a
1474 disability;
1475 (6) cooperate and coordinate with governmental entities and other organizations in the
1476 community in exercising the duties under this section, including the long-term care
1477 ombudsman program, created in Section 26B-2-303, and the child protection ombudsman,
1478 appointed under Section 80-2-1104, when there is overlap between the responsibilities of the
1479 ombudsman and the long-term care ombudsman program or the child protection ombudsman;
1480 (7) as appropriate, make recommendations to the division regarding rules to be made in
1481 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that the
1482 ombudsman considers necessary to carry out the ombudsman's duties under this part; and
1483 [
1484
1485 [
1486 [
1487
1488 [
1489 Section 23. Section 26B-7-117 is amended to read:
1490 26B-7-117. Syringe exchange and education.
1491 (1) The following may operate a syringe exchange program in the state to prevent the
1492 transmission of disease and reduce morbidity and mortality among individuals who inject
1493 drugs, and those individuals' contacts:
1494 (a) a government entity, including:
1495 (i) the department;
1496 (ii) a local health department; or
1497 (iii) a local substance abuse authority, as defined in Section 26B-5-101;
1498 (b) a nongovernment entity, including:
1499 (i) a nonprofit organization; or
1500 (ii) a for-profit organization; or
1501 (c) any other entity that complies with Subsections (2) and [
1502 (2) An entity operating a syringe exchange program in the state shall:
1503 (a) facilitate the exchange of an individual's used syringe for one or more new syringes
1504 in sealed sterile packages;
1505 (b) ensure that a recipient of a new syringe is given verbal and written instruction on:
1506 (i) methods for preventing the transmission of blood-borne diseases, including hepatitis
1507 C and human immunodeficiency virus; and
1508 (ii) options for obtaining:
1509 (A) services for the treatment of a substance use disorder;
1510 (B) testing for a blood-borne disease; and
1511 (C) an opiate antagonist; and
1512 (c) report annually to the department the following information about the program's
1513 activities:
1514 (i) the number of individuals who have exchanged syringes;
1515 (ii) the number of used syringes exchanged for new syringes; and
1516 (iii) the number of new syringes provided in exchange for used syringes.
1517 [
1518
1519 [
1520 [
1521 [
1522 [
1523 [
1524 [
1525
1526 [
1527
1528 [
1529
1530 [
1531 [
1532
1533 [
1534 Utah Administrative Rulemaking Act, specifying how and when an entity operating a syringe
1535 exchange program shall make the report required by Subsection (2)(c).
1536 Section 24. Section 26B-7-119 is amended to read:
1537 26B-7-119. Hepatitis C Outreach Pilot Program.
1538 (1) As used in this section, "Hepatitis C outreach organization" means a private
1539 nonprofit organization that:
1540 (a) has an established relationship with individuals who are at risk of acquiring acute
1541 Hepatitis C;
1542 (b) helps individuals who need Hepatitis C treatment, but who do not qualify for
1543 payment of the treatment by the Medicaid program or another health insurer, to obtain
1544 treatment;
1545 (c) has the infrastructure necessary for conducting Hepatitis C assessment, testing, and
1546 diagnosis, including clinical staff with the training and ability to provide:
1547 (i) specimen collection for Hepatitis C testing;
1548 (ii) clinical assessments;
1549 (iii) consultation regarding blood-borne diseases; and
1550 (iv) case management services for patient support during Hepatitis C treatment; or
1551 (d) has a partnership with a health care facility that can provide clinical follow-up and
1552 medical treatment following Hepatitis C rapid antibody testing and confirmatory testing.
1553 (2) There is created within the department the Hepatitis C Outreach Pilot Program.
1554 (3) Before September 1, 2020, the department shall, as funding permits, make grants to
1555 Hepatitis C outreach organizations in accordance with criteria established by the department
1556 under Subsection (4).
1557 (4) Before July 1, 2020, the department shall make rules, in accordance with Title 63G,
1558 Chapter 3, Utah Administrative Rulemaking Act, to:
1559 (a) create application requirements for a grant from the program;
1560 (b) establish criteria for determining:
1561 (i) whether a grant is awarded, including criteria that ensure grants are awarded to areas
1562 of the state, including rural areas, that would benefit most from the grant; and
1563 (ii) the amount of a grant; and
1564 (c) specify reporting requirements for the recipient of a grant under this section.
1565 [
1566
1567
1568
1569 Section 25. Section 26B-8-504 is amended to read:
1570 26B-8-504. Health care cost and reimbursement data.
1571 (1) The committee shall, as funding is available:
1572 (a) establish a plan for collecting data from data suppliers to determine measurements
1573 of cost and reimbursements for risk-adjusted episodes of health care;
1574 (b) share data regarding insurance claims and an individual's and small employer
1575 group's health risk factor and characteristics of insurance arrangements that affect claims and
1576 usage with the Insurance Department, only to the extent necessary for:
1577 (i) risk adjusting; and
1578 (ii) the review and analysis of health insurers' premiums and rate filings; [
1579 (c) assist the Legislature and the public with awareness of, and the promotion of,
1580 transparency in the health care market by reporting on:
1581 (i) geographic variances in medical care and costs as demonstrated by data available to
1582 the committee; and
1583 (ii) rate and price increases by health care providers:
1584 (A) that exceed the Consumer Price Index - Medical as provided by the United States
1585 Bureau of Labor Statistics;
1586 (B) as calculated yearly from June to June; and
1587 (C) as demonstrated by data available to the committee;
1588 (d) provide on at least a monthly basis, enrollment data collected by the committee to a
1589 not-for-profit, broad-based coalition of state health care insurers and health care providers that
1590 are involved in the standardized electronic exchange of health data as described in Section
1591 31A-22-614.5, to the extent necessary:
1592 (i) for the department or the [
1593 Inspector General of Medicaid Services to determine insurance enrollment of an individual for
1594 the purpose of determining Medicaid third party liability;
1595 (ii) for an insurer that is a data supplier, to determine insurance enrollment of an
1596 individual for the purpose of coordination of health care benefits; and
1597 (iii) for a health care provider, to determine insurance enrollment for a patient for the
1598 purpose of claims submission by the health care provider;
1599 (e) coordinate with the State Emergency Medical Services Committee to publish data
1600 regarding air ambulance charges under Section 26B-4-106; and
1601 (f) share data collected under this part with the state auditor for use in the health care
1602 price transparency tool described in Section 67-3-11[
1603 [
1604 (2) A data supplier is not liable for a breach of or unlawful disclosure of the data
1605 caused by an entity that obtains data in accordance with Subsection (1).
1606 (3) The plan adopted under Subsection (1) shall include:
1607 (a) the type of data that will be collected;
1608 (b) how the data will be evaluated;
1609 (c) how the data will be used;
1610 (d) the extent to which, and how the data will be protected; and
1611 (e) who will have access to the data.
1612 Section 26. Section 63C-18-203 is amended to read:
1613 63C-18-203. Commission duties -- Reporting requirements.
1614 (1) The commission shall:
1615 (a) identify a method to integrate existing local mental health crisis lines to ensure each
1616 individual who accesses a local mental health crisis line is connected to a qualified mental or
1617 behavioral health professional, regardless of the time, date, or number of individuals trying to
1618 simultaneously access the local mental health crisis line;
1619 (b) study how to establish and implement a statewide mental health crisis line and a
1620 statewide warm line, including identifying:
1621 (i) a statewide phone number or other means for an individual to easily access the
1622 statewide mental health crisis line, including a short code for text messaging and a three-digit
1623 number for calls;
1624 (ii) a statewide phone number or other means for an individual to easily access the
1625 statewide warm line, including a short code for text messaging and a three-digit number for
1626 calls;
1627 (iii) a supply of:
1628 (A) qualified mental or behavioral health professionals to staff the statewide mental
1629 health crisis line; and
1630 (B) qualified mental or behavioral health professionals or certified peer support
1631 specialists to staff the statewide warm line; and
1632 (iv) a funding mechanism to operate and maintain the statewide mental health crisis
1633 line and the statewide warm line;
1634 (c) coordinate with local mental health authorities in fulfilling the commission's duties
1635 described in Subsections (1)(a) and (b);
1636 (d) recommend standards for the certifications described in Section 26B-5-610; and
1637 (e) coordinate services provided by local mental health crisis lines and mobile crisis
1638 outreach teams, as defined in Section 62A-15-1401.
1639 (2) The commission shall study and make recommendations regarding:
1640 (a) crisis line practices and needs, including:
1641 (i) quality and timeliness of service;
1642 (ii) service volume projections;
1643 (iii) a statewide assessment of crisis line staffing needs, including required
1644 certifications; and
1645 (iv) a statewide assessment of technology needs;
1646 (b) primary duties performed by crisis line workers;
1647 (c) coordination or redistribution of secondary duties performed by crisis line workers,
1648 including responding to non-emergency calls;
1649 (d) operating the statewide 988 hotline:
1650 (i) in accordance with federal law;
1651 (ii) to ensure the efficient and effective routing of calls to an appropriate crisis center;
1652 and
1653 (iii) to directly respond to calls with trained personnel and the provision of acute
1654 mental health, crisis outreach, and stabilization services;
1655 (e) opportunities to increase operational and technological efficiencies and
1656 effectiveness between 988 and 911, utilizing current technology;
1657 (f) needs for interoperability partnerships and policies related to 911 call transfers and
1658 public safety responses;
1659 (g) standards for statewide mobile crisis outreach teams, including:
1660 (i) current models and projected needs;
1661 (ii) quality and timeliness of service;
1662 (iii) hospital and jail diversions; and
1663 (iv) staffing and certification;
1664 (h) resource centers, including:
1665 (i) current models and projected needs; and
1666 (ii) quality and timeliness of service;
1667 (i) policy considerations related to whether the state should:
1668 (i) manage, operate, and pay for a complete behavioral health system; or
1669 (ii) create partnerships with private industry; and
1670 (j) sustainable funding source alternatives, including:
1671 (i) charging a 988 fee, including a recommendation on the fee amount;
1672 (ii) General Fund appropriations;
1673 (iii) other government funding options;
1674 (iv) private funding sources;
1675 (v) grants;
1676 (vi) insurance partnerships, including coverage for support and treatment after initial
1677 call and triage; and
1678 (vii) other funding resources.
1679 (3) The commission may conduct other business related to the commission's duties
1680 described in this section.
1681 (4) The commission shall consult with the Office of Substance Use and Mental Health
1682 regarding:
1683 (a) the standards and operation of the statewide mental health crisis line and the
1684 statewide warm line, in accordance with Section 26B-5-610; and
1685 (b) the incorporation of the statewide mental health crisis line and the statewide warm
1686 line into behavioral health systems throughout the state.
1687 [
1688
1689
1690
1691
1692 Section 27. Section 63I-1-226 (Superseded 07/01/24) is amended to read:
1693 63I-1-226 (Superseded 07/01/24). Repeal dates: Titles 26A through 26B.
1694 (1) Subsection 26B-1-204(2)(i), related to the Primary Care Grant Committee, is
1695 repealed July 1, 2025.
1696 (2) Section 26B-1-315, which creates the Medicaid Expansion Fund, is repealed July 1,
1697 2024.
1698 (3) Section 26B-1-319, which creates the Neuro-Rehabilitation Fund, is repealed
1699 January 1, 2025.
1700 (4) Section 26B-1-320, which creates the Pediatric Neuro-Rehabilitation Fund, is
1701 repealed January 1, 2025.
1702 [
1703
1704 [
1705
1706 [
1707 Program, is repealed July 1, 2026.
1708 [
1709 Commission, is repealed July 1, 2025.
1710 [
1711 repealed July 1, 2025.
1712 [
1713 Program Advisory Council, is repealed July 1, 2025.
1714 [
1715 repealed July 1, 2025.
1716 [
1717 Pediatric Neuro-Rehabilitation Fund Advisory Committee, is repealed January 1, 2025.
1718 [
1719 Council, is repealed July 1, 2029.
1720 [
1721 Marijuana, and Other Drug Prevention Program, is repealed July 1, 2025.
1722 [
1723 with Disabilities, is repealed July 1, 2027.
1724 [
1725 Council, is repealed July 1, 2023.
1726 [
1727 Committee, is repealed July 1, 2026.
1728 [
1729 Childhood Advisory Board, is repealed July 1, 2026.
1730 [
1731 repealed July 1, 2027.
1732 [
1733 hygienists, is repealed July 1, 2028.
1734 [
1735 Program, is repealed July 1, 2025.
1736 [
1737 Prevention Program, is repealed June 30, 2027.
1738 [
1739 Health Crisis Response Commission created in Section 63C-18-202" is repealed December 31,
1740 2026.
1741 [
1742 Review Board, are repealed July 1, 2027.
1743 [
1744 1, 2024.
1745 [
1746 repealed July 1, 2024.
1747 [
1748 1, 2028.
1749 [
1750 2028.
1751 [
1752 Personnel Health Insurance Program, is repealed July 1, 2027.
1753 [
1754 July 1, 2025.
1755 [
1756 with the Behavioral Health Crisis Response Commission, established in Section 63C-18-202,"
1757 is repealed December 31, 2026.
1758 [
1759 [
1760 Grant Program, is repealed December 31, 2026.
1761 [
1762 December 31, 2024.
1763 [
1764 [
1765 2024:
1766 (a) Subsection 26B-5-606(2)(a)(i), the language that states "and" is repealed; and
1767 (b) Subsections 26B-5-606(2)(a)(ii), 26B-5-606(2)(b), and 26B-5-606(2)(c) are
1768 repealed.
1769 [
1770 December 31, 2026:
1771 (a) Subsection 26B-5-609(1)(a) is repealed;
1772 (b) Subsection 26B-5-609(3)(a), the language that states "With recommendations from
1773 the commission," is repealed;
1774 (c) Subsection 26B-5-610(1)(b) is repealed;
1775 (d) Subsection 26B-5-610(2)(b), the language that states "and in consultation with the
1776 commission," is repealed; and
1777 (e) Subsection 26B-5-610(4), the language that states "In consultation with the
1778 commission," is repealed.
1779 [
1780 Substance Use and Mental Health Advisory Council, are repealed January 1, 2033.
1781 [
1782 programs, is repealed December 31, 2025.
1783 [
1784
1785 2028.
1786 [
1787
1788 [
1789 2024.
1790 [
1791 health care, is repealed December 31, 2023.
1792 Section 28. Section 63I-1-226 (Effective 07/01/24) is amended to read:
1793 63I-1-226 (Effective 07/01/24). Repeal dates: Titles 26A through 26B.
1794 (1) Subsection 26B-1-204(2)(i), related to the Primary Care Grant Committee, is
1795 repealed July 1, 2025.
1796 (2) Section 26B-1-315, which creates the Medicaid Expansion Fund, is repealed July 1,
1797 2024.
1798 (3) Section 26B-1-319, which creates the Neuro-Rehabilitation Fund, is repealed
1799 January 1, 2025.
1800 (4) Section 26B-1-320, which creates the Pediatric Neuro-Rehabilitation Fund, is
1801 repealed January 1, 2025.
1802 [
1803
1804 [
1805
1806 [
1807 Program, is repealed July 1, 2026.
1808 [
1809 Commission, is repealed July 1, 2025.
1810 [
1811 repealed July 1, 2025.
1812 [
1813 Program Advisory Council, is repealed July 1, 2025.
1814 [
1815 repealed July 1, 2025.
1816 [
1817 Pediatric Neuro-Rehabilitation Fund Advisory Committee, is repealed January 1, 2025.
1818 [
1819 Council, is repealed July 1, 2029.
1820 [
1821 Marijuana, and Other Drug Prevention Program, is repealed July 1, 2025.
1822 [
1823 with Disabilities, is repealed July 1, 2027.
1824 [
1825 Council, is repealed July 1, 2023.
1826 [
1827 Committee, is repealed July 1, 2026.
1828 [
1829 Childhood Advisory Board, is repealed July 1, 2026.
1830 [
1831 repealed July 1, 2027.
1832 [
1833 hygienists, is repealed July 1, 2028.
1834 [
1835 Program, is repealed July 1, 2025.
1836 [
1837 Prevention Program, is repealed June 30, 2027.
1838 [
1839 Health Crisis Response Commission created in Section 63C-18-202" is repealed December 31,
1840 2026.
1841 [
1842 Review Board, are repealed July 1, 2027.
1843 [
1844 1, 2024.
1845 [
1846 repealed July 1, 2024.
1847 [
1848 1, 2028.
1849 [
1850 2028.
1851 [
1852 July 1, 2025.
1853 [
1854 with the Behavioral Health Crisis Response Commission, established in Section 63C-18-202,"
1855 is repealed December 31, 2026.
1856 [
1857 [
1858 Grant Program, is repealed December 31, 2026.
1859 [
1860 December 31, 2024.
1861 [
1862 [
1863 2024:
1864 (a) Subsection 26B-5-606(2)(a)(i), the language that states "and" is repealed; and
1865 (b) Subsections 26B-5-606(2)(a)(ii), 26B-5-606(2)(b), and 26B-5-606(2)(c) are
1866 repealed.
1867 [
1868 December 31, 2026:
1869 (a) Subsection 26B-5-609(1)(a) is repealed;
1870 (b) Subsection 26B-5-609(3)(a), the language that states "With recommendations from
1871 the commission," is repealed;
1872 (c) Subsection 26B-5-610(1)(b) is repealed;
1873 (d) Subsection 26B-5-610(2)(b), the language that states "and in consultation with the
1874 commission," is repealed; and
1875 (e) Subsection 26B-5-610(4), the language that states "In consultation with the
1876 commission," is repealed.
1877 [
1878 Substance Use and Mental Health Advisory Council, are repealed January 1, 2033.
1879 [
1880 programs, is repealed December 31, 2025.
1881 [
1882
1883 2028.
1884 [
1885
1886 [
1887 2024.
1888 [
1889 health care, is repealed December 31, 2023.
1890 Section 29. Section 63I-1-276 is amended to read:
1891 63I-1-276. Repeal dates: Title 76.
1892 (1) Subsection 76-7-313(6), relating to the report provided by the Department of
1893 Health and Human Services, is repealed July 1, 2027.
1894 (2) Section 76-10-526.1, relating to an information check before the private sale of a
1895 firearm, is repealed July 1, 2025.
1896 Section 30. Section 63I-2-226 (Superseded 07/01/24) is amended to read:
1897 63I-2-226 (Superseded 07/01/24). Repeal dates: Titles 26A through 26B.
1898 (1) Subsection 26B-1-204(2)(e), related to the Air Ambulance Committee, is repealed
1899 July 1, 2024.
1900 (2) Section 26B-1-241 is repealed July 1, 2024.
1901 (3) Section 26B-1-302 is repealed on July 1, 2024.
1902 (4) Section 26B-1-313 is repealed on July 1, 2024.
1903 (5) Section 26B-1-314 is repealed on July 1, 2024.
1904 (6) Section 26B-1-321 is repealed on July 1, 2024.
1905 (7) Section 26B-1-405, related to the Air Ambulance Committee, is repealed on July 1,
1906 2024.
1907 (8) Section 26B-1-419, which creates the Utah Health Care Workforce Financial
1908 Assistance Program Advisory Committee, is repealed July 1, 2027.
1909 (9) In relation to the Air Ambulance Committee, on July 1, 2024, Subsection
1910 26B-2-231(1)(a) is amended to read:
1911 "(a) provide the patient or the patient's representative with the following information
1912 before contacting an air medical transport provider:
1913 (i) which health insurers in the state the air medical transport provider contracts with;
1914 (ii) if sufficient data is available, the average charge for air medical transport services
1915 for a patient who is uninsured or out of network; and
1916 (iii) whether the air medical transport provider balance bills a patient for any charge not
1917 paid by the patient's health insurer; and".
1918 (10) Section 26B-3-142 is repealed July 1, 2024.
1919 (11) Subsection 26B-3-215(5), related to reporting on coverage for in vitro fertilization
1920 and genetic testing, is repealed July 1, 2030.
1921 (12) In relation to the Air Ambulance Committee, on July 1, 2024, Subsection
1922 26B-4-135(1)(a) is amended to read:
1923 "(a) provide the patient or the patient's representative with the following information
1924 before contacting an air medical transport provider:
1925 (i) which health insurers in the state the air medical transport provider contracts with;
1926 (ii) if sufficient data is available, the average charge for air medical transport services
1927 for a patient who is uninsured or out of network; and
1928 (iii) whether the air medical transport provider balance bills a patient for any charge not
1929 paid by the patient's health insurer; and".
1930 (13) Section 26B-4-702, related to the Utah Health Care Workforce Financial
1931 Assistance Program, is repealed July 1, 2027.
1932 (14) Section 26B-5-117, related to early childhood mental health support grant
1933 programs, is repealed January 2, 2025.
1934 [
1935
1936 [
1937 2025.
1938 Section 31. Section 63I-2-226 (Effective 07/01/24) is amended to read:
1939 63I-2-226 (Effective 07/01/24). Repeal dates: Titles 26A through 26B.
1940 (1) Section 26B-1-241 is repealed July 1, 2024.
1941 (2) Section 26B-1-302 is repealed on July 1, 2024.
1942 (3) Section 26B-1-313 is repealed on July 1, 2024.
1943 (4) Section 26B-1-314 is repealed on July 1, 2024.
1944 (5) Section 26B-1-321 is repealed on July 1, 2024.
1945 (6) Section 26B-1-419, which creates the Utah Health Care Workforce Financial
1946 Assistance Program Advisory Committee, is repealed July 1, 2027.
1947 (7) In relation to the Air Ambulance Committee, on July 1, 2024, Subsection
1948 26B-2-231(1)(a) is amended to read:
1949 "(a) provide the patient or the patient's representative with the following information
1950 before contacting an air medical transport provider:
1951 (i) which health insurers in the state the air medical transport provider contracts with;
1952 (ii) if sufficient data is available, the average charge for air medical transport services
1953 for a patient who is uninsured or out of network; and
1954 (iii) whether the air medical transport provider balance bills a patient for any charge not
1955 paid by the patient's health insurer; and".
1956 (8) Section 26B-3-142 is repealed July 1, 2024.
1957 (9) Subsection 26B-3-215(5), related to reporting on coverage for in vitro fertilization
1958 and genetic testing, is repealed July 1, 2030.
1959 (10) Section 26B-4-702, related to the Utah Health Care Workforce Financial
1960 Assistance Program, is repealed July 1, 2027.
1961 (11) Section 26B-5-117, related to early childhood mental health support grant
1962 programs, is repealed January 2, 2025.
1963 [
1964
1965 [
1966 2025.
1967 Section 32. Section 78B-6-140 is amended to read:
1968 78B-6-140. Itemization of fees and expenses -- Reporting.
1969 (1) (a) Except as provided in Subsection (5), before the date that a final decree of
1970 adoption is entered, a prospective adoptive parent or, if the child was placed by a child-placing
1971 agency, the person or agency placing the child shall file with the court an affidavit regarding
1972 fees and expenses on a form prescribed by the Judicial Council in accordance with Subsection
1973 (2).
1974 (b) An affidavit filed pursuant to Subsection (1)(a) shall be signed by each prospective
1975 adoptive parent and, if the child was placed by a child-placing agency, the person or agency
1976 placing the child.
1977 (c) The court shall review an affidavit filed under this section for completeness and
1978 compliance with the requirements of this section.
1979 (d) The results of the court's review under Subsection (1)(c) shall be noted in the
1980 court's record.
1981 (2) (a) The Judicial Council shall prescribe a uniform form for the affidavit described
1982 in Subsection (1).
1983 (b) The uniform affidavit form shall require itemization of the following items in
1984 connection with the adoption:
1985 (i) all legal expenses that have been or will be paid to or on behalf of the preexisting
1986 parents of the child, including the source of payment;
1987 (ii) all maternity expenses that have been or will be paid to or on behalf of the
1988 preexisting parents of the child, including the source of payment;
1989 (iii) all medical or hospital expenses that have been or will be paid to or on behalf of
1990 the preexisting parents of the child, including the source of payment;
1991 (iv) all living expenses that have been or will be paid to or on behalf of the preexisting
1992 parents of the child, including the source of payment;
1993 (v) fees paid by the prospective adoptive parent or parents in connection with the
1994 adoption;
1995 (vi) all gifts, property, or other items that have been or will be provided to the
1996 preexisting parents, including the source and approximate value of the gifts, property, or other
1997 items;
1998 (vii) all public funds used for any medical or hospital costs in connection with the:
1999 (A) pregnancy;
2000 (B) delivery of the child; or
2001 (C) care of the child; and
2002 (viii) if a child-placing agency placed the child:
2003 (A) a description of services provided to the prospective adoptive parents or
2004 preexisting parents in connection with the adoption;
2005 (B) all expenses associated with matching the prospective adoptive parent or parents
2006 and the birth mother;
2007 (C) all expenses associated with advertising; and
2008 (D) any other agency fees or expenses paid by an adoptive parent that are not itemized
2009 under one of the other categories described in this Subsection (2)(b), including a description of
2010 the reason for the fee or expense.
2011 (c) The uniform affidavit form shall require:
2012 (i) a statement of the state of residence of the:
2013 (A) birth mother or the preexisting parents; and
2014 (B) prospective adoptive parent or parents;
2015 (ii) a declaration that Section 76-7-203 has not been violated; and
2016 (iii) if the affidavit includes an itemized amount for both of the categories described in
2017 Subsections (2)(b)(iii) and (vii), a statement explaining why certain medical or hospital
2018 expenses were paid by a source other than public funds.
2019 (3) (a) If a child-placing agency, that is licensed by this state, placed the child, the
2020 child-placing agency shall provide a copy of the affidavit described in Subsection (1) to the
2021 Office of Licensing within the Department of Health and Human Services.
2022 (b) Before August 30 of each even-numbered year, the Office of Licensing within the
2023 Department of Health and Human Services shall provide a written report to the Health and
2024 Human Services Interim Committee and to the Judicial Council regarding the cost of adoptions
2025 in the state that includes:
2026 (i) the total number of affidavits provided to the Office of Licensing during the
2027 previous year; and
2028 (ii) for each of the categories described in Subsection (2)(b):
2029 (A) the average amount disclosed on affidavits submitted during the previous year; and
2030 (B) the range of amounts disclosed on affidavits submitted during the previous year;
2031 (iii) the average total amount disclosed on affidavits submitted during the previous
2032 year;
2033 (iv) the range of total amounts disclosed on affidavits submitted during the previous
2034 year; and
2035 (v) any recommended legislation that may help reduce the cost of adoptions.
2036 (c) The Health and Human Services Interim Committee shall, based on information in
2037 reports provided under Subsection (3)(b) and in consultation with a consortium described in
2038 Subsection 26B-2-127(8), consider:
2039 (i) what constitutes reasonable fees and expenses related to adoption; and
2040 (ii) the standards that may be used to determine whether fees and expenses related to
2041 adoption are reasonable in a specific case.
2042 (4) The Judicial Council shall make a copy of each report provided by the Office of
2043 Licensing under Subsection (3)(b) available to each court that may be required to review an
2044 affidavit under Subsection (1)(c).
2045 (5) This section does not apply if the prospective adoptive parent is the legal spouse of
2046 a preexisting parent.
2047 Section 33. Section 80-2-1104 is amended to read:
2048 80-2-1104. Child protection ombudsman -- Responsibility -- Authority -- Report.
2049 (1) As used in this section:
2050 (a) "Complainant" means a person who initiates a complaint with the ombudsman.
2051 (b) "Complaint" means a complaint regarding an act or omission by the division with
2052 respect to a particular child.
2053 (c) "Ombudsman" means the child protection ombudsman appointed under this section.
2054 (2) (a) There is created within the department the position of child protection
2055 ombudsman.
2056 (b) The executive director of the department shall:
2057 (i) appoint an ombudsman who has:
2058 (A) recognized executive and administrative capacity; and
2059 (B) experience in child welfare, and in state laws and policies governing abused,
2060 neglected, and dependent children; and
2061 (ii) select the ombudsman solely with regard to qualifications and fitness to discharge
2062 the duties of the ombudsman.
2063 (c) The ombudsman shall:
2064 (i) serve at the pleasure of the executive director of the department; and
2065 (ii) devote full-time to the duties described in this section.
2066 (3) The ombudsman shall:
2067 (a) unless the ombudsman decides not to investigate the complaint, upon receipt of a
2068 complaint, investigate whether an act or omission of the division with respect to a particular
2069 child:
2070 (i) is contrary to statute, rule, or policy;
2071 (ii) places a child's health or safety at risk;
2072 (iii) is made without an adequate statement of reason; or
2073 (iv) is based on irrelevant, immaterial, or erroneous grounds;
2074 (b) notify the complainant and the division of:
2075 (i) the ombudsman's decision to investigate or not investigate the complaint; and
2076 (ii) if the ombudsman decides not to investigate the complaint, the reason for the
2077 decision;
2078 (c) if the ombudsman finds that a person's act or omission violates state or federal
2079 criminal law, immediately report the finding to the appropriate county or district attorney or to
2080 the attorney general;
2081 (d) immediately notify the division if the ombudsman finds that a child needs
2082 protective custody;
2083 (e) prepare a written report of the findings and recommendations, if any, of each
2084 investigation;
2085 (f) make recommendations to the division if the ombudsman finds that:
2086 (i) a matter should be further considered by the division;
2087 (ii) an administrative act should be addressed, modified, or canceled;
2088 (iii) action should be taken by the division with regard to one of the division's
2089 employees; or
2090 (iv) any other action should be taken by the division;
2091 (g) subject to Subsection (3), in accordance with Title 63G, Chapter 3, Utah
2092 Administrative Rulemaking Act, make rules that govern the following:
2093 (i) receiving and processing a complaint;
2094 (ii) notifying a complainant and the division regarding a decision to investigate or to
2095 decline to investigate a complaint;
2096 (iii) prioritizing workload;
2097 (iv) maximum time within which an investigation is required to be completed;
2098 (v) conducting an investigation;
2099 (vi) notifying a complainant and the division regarding the results of an investigation;
2100 and
2101 (vii) making recommendations based on the findings and results of investigations;
2102 (h) within appropriations from the Legislature, employ staff as may be necessary to
2103 carry out the ombudsman's duties under this section;
2104 (i) provide information regarding the role, duties, and functions of the ombudsman to
2105 public agencies, private entities, and individuals; and
2106 [
2107
2108 [
2109 [
2110 [
2111 [
2112 [
2113 child welfare cases, and the rules, policies, and operations of the division.
2114 (4) (a) The ombudsman may:
2115 (i) decline to investigate a complaint or continue an investigation of a complaint;
2116 (ii) conduct an investigation on the ombudsman's own initiative;
2117 (iii) conduct further investigation upon the request of the complainant or upon the
2118 ombudsman's own initiative; and
2119 (iv) advise a complainant to pursue administrative remedies or channels of a complaint
2120 before pursuing a complaint with the ombudsman.
2121 (b) Subsection (4)(a)(iv) does not prevent a complainant from making a complaint
2122 directly to the ombudsman before pursuing an administrative remedy.
2123 (5) (a) A record of the ombudsman regarding an individual child welfare case shall be
2124 classified in accordance with federal law and Title 63G, Chapter 2, Government Records
2125 Access and Management Act.
2126 (b) The ombudsman shall have access to all of the department's written and electronic
2127 records and databases, including those regarding individual child welfare cases.
2128 (c) In accordance with Title 63G, Chapter 2, Government Records Access and
2129 Management Act, all documents and information received by the ombudsman shall maintain
2130 the same classification that was designated by the department.
2131 Section 34. Repealer.
2132 This bill repeals:
2133 Section 26B-2-503, Recommendation for Community Health Worker Certification
2134 Advisory Board.
2135 Section 26B-6-510, Dental services reporting.
2136 Section 26B-7-224, Study on violent incidents and fatalities involving substance
2137 abuse -- Report.
2138 Section 35. Effective date.
2139 (1) Subject to Subsection (2), this bill takes effect on May 1, 2024.
2140 (2) The actions affecting Sections 63I-1-226 (Effective 07/01/24) and 63I-2-226
2141 (Effective 07/01/24) take effect on July 1, 2024.