Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 100 First Substitute (2018GS)

Sponsor

Rep. Redd, E.

Final action

Governor Signed 3/19/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• requires the Department of Health to establish, through a Medicaid waiver, an ongoing program for children with disabilities and complex medical conditions.

Every vote on this bill

Bill text

MEDICALLY COMPLEX CHILDREN WITH DISABILITIES
WAIVER PROGRAM
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Edward H. Redd
Senate Sponsor: 
Curtis S. Bramble
Cosponsors:
Cheryl K. Acton
Carl R. Albrecht
Patrice M. Arent
Joel K. Briscoe
Rebecca Chavez-Houck
Kim F. Coleman
Susan Duckworth
Rebecca P. Edwards
Steve Eliason
Gage Froerer
Brian M. Greene
Keith Grover
Stephen G. Handy
Sandra Hollins
Eric K. Hutchings
Michael S. Kennedy
Brian S. King
A. Cory Maloy
Carol Spackman Moss
Derrin R. Owens
Lee B. Perry
Dixon M. Pitcher
Val K. Potter
Marie H. Poulson
Susan Pulsipher
Paul Ray
Angela Romero
Douglas V. Sagers
Robert M. Spendlove
Raymond P. Ward
R. Curt Webb
Elizabeth Weight
Mark A. Wheatley
LONG TITLE
General Description:
This bill requires the Department of Health to establish, through a Medicaid waiver, an
ongoing program for children with disabilities and complex medical conditions.
Highlighted Provisions:
This bill:
▸ requires the Department of Health to establish, through a Medicaid waiver, an
ongoing program for children with disabilities and complex medical conditions.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26-18-410
, as enacted by Laws of Utah 2015, Chapter 209
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26-18-410
 is amended to read:
26-18-410.
Medicaid waiver for children with disabilities and complex medical
needs.
(1) As used in this section:
(a) "Additional eligibility criteria" means the additional eligibility criteria set by the
department under Subsection (4)(e).
[
(a)
] 
(b)
 "Complex medical condition" means a physical condition of an individual
that:
(i) results in severe functional limitations for the individual; and
(ii) is likely to:
(A) last at least 12 months; or
(B) result in death.
[
(b)
] 
(c)
 "Program" means the program for children with complex medical conditions
created in Subsection (3).
[
(c)
] 
(d)
 "Qualified child" means a child who:
(i) is less than 19 years old;
(ii) is diagnosed with a complex medical condition;
(iii) has a condition that meets the definition of disability in 42 U.S.C. Sec. 12102; and
(iv) meets the additional eligibility criteria [
determined by the department under
Subsection (4)
].
(2) The department shall apply[
, no later than June 30, 2015,
] for a Medicaid home and
community-based waiver with the Centers for Medicare and Medicaid Services within the
United States Department of Health and Human Services to implement, within the state
Medicaid program, the program described in Subsection (3).
(3) If the waiver described in Subsection (2) is approved, the department shall offer a
program that:
(a) as funding permits, provides treatment for qualified children; [
and
]
(b) accepts applications for the program during periods of open enrollment[
.
]
; and
(c) if approved by the Centers for Medicare and Medicaid Services:
(i) requires periodic reevaluations of an enrolled child's eligibility based on the
additional eligibility criteria; and
(ii) at the time of reevaluation, allows the department to disenroll a child who does not
meet the additional eligibility criteria.
(4) The department shall:
(a) seek to prioritize, in the waiver described in Subsection (2), entrance into the
program based on the:
(i) complexity of a qualified child's medical condition; and
(ii) financial needs of a qualified child and the qualified child's family;
(b) convene a public process to determine:
(i) the benefits and services to offer a qualified child under the program; and
(ii) additional eligibility criteria for a qualified child; [
and
]
(c) evaluate, on an ongoing basis, the cost and effectiveness of the program[
.
]
;
(d) if funding for the program is reduced, develop an evaluation process to reduce the
number of children served based on the criteria in Subsection (4)(a); and
(e) establish, by rule made in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, additional eligibility criteria based on the factors described in
Subsections (4)(a)(i) and (ii).
(5) The department shall annually report[
, beginning in 2016,
] to the Legislature's
Health and Human Services Interim Committee before November 30 while the waiver is in
effect regarding:
(a) the number of qualified children served under the program;
(b) the cost of the program; and
(c) the effectiveness of the program.