4 26B-3-135 26B-3-135 BEHAVIORAL HEALTH CRISIS RESPONSE MODIFICATIONS 2024 GENERAL SESSION STATE OF UTAH Chief Sponsor: Steve Eliason Senate Sponsor: Evan J. Vickers LONG TITLE General Description: This bill addresses behavioral health crisis response services. Highlighted Provisions: This bill: allows the Department of Health and Human Services (department) to reimburse nonemergency secured behavioral health transport providers; requires the department to apply for a Medicaid waiver or state plan amendment to allow the department to assess nonemergency secured behavioral health transport providers certain amounts; if a Medicaid waiver or state plan amendment is approved, requires the department to reimburse nonemergency secured behavioral health transport providers and authorizes the department to make rules to implement the waiver or state plan amendment; and makes technical and conforming changes. Money Appropriated in this Bill: None Other Special Clauses: This bill provides a special effective date. Utah Code Sections Affected: AMENDS: 26B-3-135, (Effective 05/01/24) (Superseded 07/01/24) as renumbered and amended by Laws of Utah 2023, Chapter 306 26B-3-135, (Effective 07/01/24) as last amended by Laws of Utah 2023, Chapter 310 and renumbered and amended by Laws of Utah 2023, Chapter 306 Be it enacted by the Legislature of the state of Utah:

Section 1, Section 26B-3-135 is amended to read: 26B-3-135 (Effective 05/01/24) (Superseded 07/01/24). Reimbursement for nonemergency secured behavioral health transport providers. (1) The department may not reimburse a nonemergency secured behavioral health transport provider that is designated under Section 26B-4-117. (2) Before July 1, 2024, the department shall apply for a Medicaid waiver or state plan amendment to allow the department to assess nonemergency secured behavioral health transport providers an amount up to the non-federal share the department needs to seed amounts that will support fee-for-service nonemergency secured behavioral health transport rates adopted by the department. (3) If a waiver or state plan amendment described in Subsection (2) is approved, the department: (a) shall reimburse a nonemergency secured behavioral health transport provider that is designated under Section 26B-4-117 in an amount up to the nonemergency secured behavioral health transport rates adopted annually by the department; and (b) may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to integrate assessments and payments to nonemergency secured behavioral health transport providers designated under Section 26B-4-117.

Section 2, Section 26B-3-135 is amended to read: 26B-3-135 (Effective 07/01/24). Reimbursement for nonemergency secured behavioral health transport providers. (1) As used in this section, "nonemergency secured behavioral health transport" means the same as that term is defined in Section 53-2d-101. (2) The department may not reimburse a nonemergency secured behavioral health transport provider that is designated under Section 53-2d-403. (3) Before July 1, 2024, the department shall apply for a Medicaid waiver or state plan amendment to allow the department to assess nonemergency secured behavioral health transport providers an amount up to the non-federal share the department needs to seed amounts that will support fee-for-service nonemergency secured behavioral health transport rates adopted by the department. (4) If a waiver or state plan amendment described in Subsection (3) is approved, the department: (a) shall reimburse a nonemergency secured behavioral health transport provider that is designated under Section 26B-4-117 in an amount up to the nonemergency secured behavioral health transport rates adopted annually by the department; and (b) may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to integrate assessments and payments to nonemergency secured behavioral health transport providers designated under Section 26B-4-117.

Section 3. Effective date. (1) Except as provided in Subsection (2), this bill takes effect on May 1, 2024. (2) The actions affecting Section 26B-3-135 (Effective 07/01/24) take effect on July 1, 2024.