Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 18 Second Substitute (2015GS)

Sponsor

Rep. Edwards, R.

Final action

Governor Signed 3/20/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• converts the Children's Hearing Aid Pilot Program to a permanent program;
• modifies eligibility requirements for the program;
• establishes a repeal date for certain sections of the Utah Health Code; and
• makes technical and conforming amendments.

Every vote on this bill

Bill text

CHILDREN'S HEARING AID PROGRAM AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Rebecca P. Edwards
Senate Sponsor: 
 Aaron Osmond
LONG TITLE
Committee Note:
The Health and Human Services Interim Committee recommended this bill.
General Description:
This bill amends provisions related to providing hearing aids for children.
Highlighted Provisions:
This bill:
▸ converts the Children's Hearing Aid Pilot Program to a permanent program;
▸ modifies eligibility requirements for the program;
▸ establishes a repeal date for certain sections of the Utah Health Code; and
▸ makes technical and conforming amendments.
Money Appropriated in this Bill:
This bill appropriates in fiscal year 2016:
▸ to the General Fund Restricted - Children's Hearing Aid Program Account, as an
ongoing appropriation:
• from the General Fund, $100,000; and
▸ to the Department of Health - Family Health and Preparedness, as an ongoing
appropriation:
• from the General Fund Restricted - Children's Hearing Aid Program Account,
$100,000.
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
26-10-11
, as enacted by Laws of Utah 2013, Chapter 195
63I-1-226
, as last amended by Laws of Utah 2014, Chapters 25 and 118
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26-10-11
 is amended to read:
26-10-11.
Children's Hearing Aid Program.
(1) [
(a) There is established a pilot
] 
The department shall offer a
 program to provide
hearing aids to children [
younger than three years old with hearing loss
] 
who qualify under this
section
.
[
(b) The department shall administer the program beginning on July 1, 2013, and
ending June 30, 2015.
]
(2) The department shall provide hearing aids to a child who:
(a) is younger than six years old;
[
(a)
] 
(b)
 is a resident of Utah;
[
(b)
] 
(c)
 has been diagnosed 
with hearing loss
 by [
an audiologist with pediatric
expertise as having hearing loss;
]
:
(i) an audiologist with pediatric expertise; and
(ii) a physician;
[
(c)
] 
(d)
 provides documentation from an audiologist with pediatric expertise certifying
that the child needs hearing aids;
[
(d)
] 
(e)
 has obtained medical clearance by a medical provider for hearing aid fitting;
[
(e) is younger than three years old;
]
(f) does not qualify to receive 
a contribution that equals the full cost of
 a hearing aid
[
through
] 
from
 the state's Medicaid program or 
the
 Utah Children's Health Insurance Program;
and
(g) meets the financial need qualification criteria established by the department 
by rule,
made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
 for
participation in the [
pilot
] program.
(3) (a) There is established the Children's Hearing Aid Advisory Committee.
(b) The committee shall be composed of five members appointed by the executive
director, and shall include:
(i) one audiologist with pediatric expertise;
(ii) one speech language pathologist;
(iii) one teacher, certified under Title 53A, State System of Public Education, as a
teacher of the deaf or a listening and spoken language therapist;
(iv) one ear, nose, and throat specialist; and
(v) one parent [
who has a child older than three years old with hearing loss.
] 
whose
child:
(A) is six years old or older; and
(B) has hearing loss.
(c) A majority of the members constitutes a quorum.
(d) A vote of the majority of the members, with a quorum present, constitutes an action
of the committee.
(e) The committee shall elect a chair from its members.
(f) The committee shall:
(i) meet at least quarterly;
(ii) recommend to the department medical criteria and procedures for selecting children
who may qualify for assistance from the account; and
(iii) review rules developed by the department.
(g) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with Sections 
63A-3-106
 and
63A-3-107
 and rules made by the Division of Finance, pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(h) The department shall provide staff to the committee.
(4) (a) There is created within the General Fund a restricted account known as the
"Children's Hearing Aid [
Pilot
] Program Restricted Account."
(b) The Children's Hearing Aid [
Pilot
] Program Restricted Account shall consist of:
(i) amounts appropriated to the account by the Legislature; and
(ii) gifts, grants, devises, donations, and bequests of real property, personal property, or
services, from any source, or any other conveyance that may be made to the account from
private sources.
(c) Upon appropriation, all actual and necessary operating expenses for the committee
[
under
] 
described in
 Subsection (3) shall be paid by the account.
(d) Upon appropriation, no more than 9% of the account money may be used for
[
administrative or other expenses of the department
] 
the department's expenses
.
(e) If this account is repealed in accordance with Section 
63I-1-226
, any remaining
assets in the account shall be deposited into the General Fund.
(5) The department shall make rules [
establishing a process to
]
, in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish procedures for
:
(a) [
identify
] 
identifying
 the children who are financially eligible to receive services
under the [
pilot
] program; and
(b) [
review and pay
] 
reviewing and paying
 for services provided to a child under the
[
pilot
] program.
[
(6) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, regarding implementation of the pilot program created under
this section.
]
[
(7) The services provided under the pilot program created by this section:
]
[
(a) do not constitute a legal right or an entitlement of any kind; and
]
[
(b) may be withdrawn from a person at any time without notice and without cause.
]
[
(8) (a) The department shall make midterm and final reports to the Health and Human
Services Interim Committee.
]
[
(b) The midterm and final reports shall identify the operation and accomplishments of
the pilot program described in this section.
]
[
(c) The final report shall:
]
[
(i) recommend whether the Legislature should convert the pilot program to an ongoing
program within the department; and
]
[
(ii) recommend statutory changes, if any, relating to the program.
]
[
(9) The Health and Human Services Interim Committee shall:
]
[
(a) determine whether the pilot program described in this section should be converted
to an ongoing program within the department; and
]
[
(b) if the Health and Human Services Interim Committee determines that the pilot
program should be converted to an ongoing program, prepare legislation to implement that
conversion.
]
(6) The department shall, before December 1 of each year, submit a report to the
Health and Human Services Interim Committee that describes the operation and
accomplishments of the program.
Section 2. Section 
63I-1-226
 is amended to read:
63I-1-226.
Repeal dates, Title 26.
(1) Title 26, Chapter 9f, Utah Digital Health Service Commission Act, is repealed July
1, 2015.
(2) Section 
26-10-11
 is repealed July 1, [
] 
.
(3) Section 
26-18-12
, Expansion of 340B drug pricing programs, is repealed July 1,
2013.
(4) Section 
26-21-23
, Licensing of non-Medicaid nursing care facility beds, is repealed
July 1, 2018.
(5) Section 
26-21-211
 is repealed July 1, 2013.
(6) Title 26, Chapter 33a, Utah Health Data Authority Act, is repealed July 1, 2024.
(7) Title 26, Chapter 36a, Hospital Provider Assessment Act, is repealed July 1, 2016.
(8) Section 
26-38-2.5
 is repealed July 1, 2017.
(9) Section 
26-38-2.6
 is repealed July 1, 2017.
(10) Title 26, Chapter 56, Hemp Extract Registration Act, is repealed July 1, 2016.
Section 3. 
Appropriation.
Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, for
the fiscal year beginning July 1, 2015, and ending July 1, 2016, the following sums of money
are appropriated from resources not otherwise appropriated, or reduced from amounts
previously appropriated, out of the funds or accounts indicated. Theses sums of money are in
addition to any amounts previously appropriated for fiscal year 2016.
To General Fund Restricted - Children's Hearing Aid Program Account
From General Fund, ongoing
$100,000
Schedule of Programs:
General Fund Restricted - Children's Hearing Aid
 Program Account $100,000
To Department of Health - Family Health and Preparedness
From General Fund Restricted - Children's Hearing
Aid Program Account, ongoing
$100,000
Schedule of Programs:
Children with Special Health Care Needs $100,000
The Legislature intends that the Department of Health use appropriations under this
section to provide hearing aids to children consistent with Section 
26-10-11
.
Section 4. 
Effective date.
This bill takes effect on July 1, 2015.
Legislative Review Note
 as of 11-21-14 11:09 AM
Office of Legislative Research and General Counsel