Senator Luz Escamilla proposes the following substitute bill:


1     
NATIVE AMERICAN HEALTH AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Luz Escamilla

5     
House Sponsor: Christine F. Watkins

6     

7     LONG TITLE
8     General Description:
9          This bill requires the Department of Health and Human Service to apply for a Medicaid
10     waiver related to traditional healing services.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms; and
14          ▸     requires the department to apply for a Medicaid waiver to reimburse traditional
15     healing services under certain circumstances.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     ENACTS:
22          26B-3-230, Utah Code Annotated 1953
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 26B-3-230 is enacted to read:

26          26B-3-230. Traditional healing services waiver.
27          (1) As used in this section:
28          (a) "Eligible facility" means any of the following:
29          (i) an Indian Health Service facility;
30          (ii) a tribal health program designated under the Indian Self-Determination and
31     Education Assistance Act, Pub. L. No. 93-638;
32          (iii) an urban Indian organization as that term is defined in 25 U.S.C. Sec. 1603; or
33          (iv) a facility operated by a person that contracts with an organization described in
34     Subsection (1)(a)(iii).
35          (b) "Traditional healing provider" means an individual who provides traditional healing
36     services in a manner that is recognized by an American Indian or Alaskan Native tribe as being
37     consistent with the tribe's traditional healing practices.
38          (c) "Traditional healing services" means a system of culturally appropriate healing
39     methods for physical, mental, and emotional healing.
40          (2) On or before January 1, 2025, the department shall apply for a Medicaid waiver to
41     reimburse for traditional healing services provided by a traditional healing provider in an
42     eligible facility to an enrollee who is a member of an American Indian or Alaskan Native tribe.
43          (3) A service under this section may not be reimbursed if:
44          (a) the traditional healing provider is restricted from providing the service;
45          (b) the service is contraindicated by a medical provider due to the potential to cause
46     harm; or
47          (c) the service is not part of the patient's plan of care.
48          (4) The department may further define and limit services described in this section.
49          Section 2. Effective date.
50          This bill takes effect on May 1, 2024.