Senator Todd D. Weiler proposes the following substitute bill:


1     
RESPITE CARE AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Todd D. Weiler

5     
House Sponsor: Karianne Lisonbee

6     

7     LONG TITLE
8     General Description:
9          This bill addresses respite care services for families of individuals with disabilities.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     allows the Division of Services for People with Disabilities to provide, as funding
14     permits and either directly or through a third party, overnight respite care services
15     for families of individuals with disabilities;
16          ▸     provides a sunset date; and
17          ▸     makes technical and conforming changes.
18     Money Appropriated in this Bill:
19          This bill appropriates in fiscal year 2025:
20          ▸     to Department of Health and Human Services - Long-Term Services & Support -
21     Community Supports Waiver Services as a one-time appropriation:
22               •     from the General Fund, One-time, $250,000
23     Other Special Clauses:
24          This bill provides a special effective date.
25     Utah Code Sections Affected:

26     AMENDS:
27          63I-2-226 (Superseded 07/01/24), as last amended by Laws of Utah 2023, Chapters 33,
28     139, 249, 295, and 465 and repealed and reenacted by Laws of Utah 2023, Chapter
29     329
30          63I-2-226 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapters 33,
31     139, 249, 295, 310, and 465 and repealed and reenacted by Laws of Utah 2023,
32     Chapter 329 and last amended by Coordination Clause, Laws of Utah 2023, Chapter
33     329
34     ENACTS:
35          26B-6-414, Utah Code Annotated 1953
36     

37     Be it enacted by the Legislature of the state of Utah:
38          Section 1. Section 26B-6-414 is enacted to read:
39          26B-6-414. Respite care services.
40          (1) As used in this section, "respite care services" means temporary, periodic relief
41     provided to parents or guardians from the care of an individual who is eligible to receive
42     division services.
43          (2) The division may, as funding permits and either directly or through one or more
44     third parties who are under contract with the division, provide overnight respite care services
45     and, concurrent with the respite care services, services for the individual who is eligible to
46     receive division services, such as recreational therapy, community-based programs, therapeutic
47     recreation, educational programs, transportation, or vocational rehabilitation.
48          Section 2. Section 63I-2-226 (Superseded 07/01/24) is amended to read:
49          63I-2-226 (Superseded 07/01/24). Repeal dates: Titles 26A through 26B.
50          (1) Subsection 26B-1-204(2)(e), related to the Air Ambulance Committee, is repealed
51     July 1, 2024.
52          (2) Section 26B-1-241 is repealed July 1, 2024.
53          (3) Section 26B-1-302 is repealed on July 1, 2024.
54          (4) Section 26B-1-313 is repealed on July 1, 2024.
55          (5) Section 26B-1-314 is repealed on July 1, 2024.
56          (6) Section 26B-1-321 is repealed on July 1, 2024.

57          (7) Section 26B-1-405, related to the Air Ambulance Committee, is repealed on July 1,
58     2024.
59          (8) Section 26B-1-419, which creates the Utah Health Care Workforce Financial
60     Assistance Program Advisory Committee, is repealed July 1, 2027.
61          (9) In relation to the Air Ambulance Committee, on July 1, 2024, Subsection
62     26B-2-231(1)(a) is amended to read:
63          "(a) provide the patient or the patient's representative with the following information
64     before contacting an air medical transport provider:
65          (i) which health insurers in the state the air medical transport provider contracts with;
66          (ii) if sufficient data is available, the average charge for air medical transport services
67     for a patient who is uninsured or out of network; and
68          (iii) whether the air medical transport provider balance bills a patient for any charge not
69     paid by the patient's health insurer; and".
70          (10) Section 26B-3-142 is repealed July 1, 2024.
71          (11) Subsection 26B-3-215(5), related to reporting on coverage for in vitro fertilization
72     and genetic testing, is repealed July 1, 2030.
73          (12) In relation to the Air Ambulance Committee, on July 1, 2024, Subsection
74     26B-4-135(1)(a) is amended to read:
75          "(a) provide the patient or the patient's representative with the following information
76     before contacting an air medical transport provider:
77          (i) which health insurers in the state the air medical transport provider contracts with;
78          (ii) if sufficient data is available, the average charge for air medical transport services
79     for a patient who is uninsured or out of network; and
80          (iii) whether the air medical transport provider balance bills a patient for any charge not
81     paid by the patient's health insurer; and".
82          (13) Section 26B-4-702, related to the Utah Health Care Workforce Financial
83     Assistance Program, is repealed July 1, 2027.
84          (14) Section 26B-5-117, related to early childhood mental health support grant
85     programs, is repealed January 2, 2025.
86          (15) Section 26B-6-414, related to overnight respite care services, is repealed July 1,
87     2025.

88          [(15)] (16) Subsection 26B-7-117(3), related to reports to the Legislature on syringe
89     exchange and education, is repealed January 1, 2027.
90          [(16)] (17) Section 26B-7-120, relating to sickle cell disease, is repealed on July 1,
91     2025.
92          Section 3. Section 63I-2-226 (Effective 07/01/24) is amended to read:
93          63I-2-226 (Effective 07/01/24). Repeal dates: Titles 26A through 26B.
94          (1) Section 26B-1-241 is repealed July 1, 2024.
95          (2) Section 26B-1-302 is repealed on July 1, 2024.
96          (3) Section 26B-1-313 is repealed on July 1, 2024.
97          (4) Section 26B-1-314 is repealed on July 1, 2024.
98          (5) Section 26B-1-321 is repealed on July 1, 2024.
99          (6) Section 26B-1-419, which creates the Utah Health Care Workforce Financial
100     Assistance Program Advisory Committee, is repealed July 1, 2027.
101          (7) In relation to the Air Ambulance Committee, on July 1, 2024, Subsection
102     26B-2-231(1)(a) is amended to read:
103          "(a) provide the patient or the patient's representative with the following information
104     before contacting an air medical transport provider:
105          (i) which health insurers in the state the air medical transport provider contracts with;
106          (ii) if sufficient data is available, the average charge for air medical transport services
107     for a patient who is uninsured or out of network; and
108          (iii) whether the air medical transport provider balance bills a patient for any charge not
109     paid by the patient's health insurer; and".
110          (8) Section 26B-3-142 is repealed July 1, 2024.
111          (9) Subsection 26B-3-215(5), related to reporting on coverage for in vitro fertilization
112     and genetic testing, is repealed July 1, 2030.
113          (10) Section 26B-4-702, related to the Utah Health Care Workforce Financial
114     Assistance Program, is repealed July 1, 2027.
115          (11) Section 26B-5-117, related to early childhood mental health support grant
116     programs, is repealed January 2, 2025.
117          (12) Section 26B-6-414, related to overnight respite care services, is repealed July 1,
118     2025.

119          [(12)] (13) Subsection 26B-7-117(3), related to reports to the Legislature on syringe
120     exchange and education, is repealed January 1, 2027.
121          [(13)] (14) Section 26B-7-120, relating to sickle cell disease, is repealed on July 1,
122     2025.
123          Section 4. FY 2025 Appropriation.
124          The following sums of money are appropriated for the fiscal year beginning July 1,
125     2024, and ending June 30, 2025. These are additions to amounts previously appropriated for
126     fiscal year 2025.
127          Subsection 4(a). Operating and Capital Budgets.
128          Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
129     Legislature appropriates the following sums of money from the funds or accounts indicated for
130     the use and support of the government of the state of Utah.
131     
ITEM 1
     To Department of Health and Human Services - Long-Term Services & Support
132      From General Fund, One-time$250,000
133      Schedule of Programs:
134      Community Supports Waiver Services$250,000
135     The Legislature intends that the Division of Services for People with Disabilities use the
136     appropriation under this item to provide overnight respite care services in accordance with
137     Section 26B-6-414.

138          Section 5. Effective date.
139          (1) Except as provided in Subsection (2), this bill takes effect on May 1, 2024.
140          (2) The actions affecting Section 63I-2-226 (Effective 07/01/24) take effect on July 1,
141     2024.