Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 38 Third Substitute (2020GS)

Sponsor

Rep. Daw, B.

Final action

Governor Signed 3/28/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• directs the Department of Health to apply for a waiver under the state Medicaid plan to offer a program to provide Medicaid coverage to certain inmates for up to 30 days before release from a correctional facility;
• requires a county to provide matching funds to the state for Medicaid coverage, and costs relating to the Medicaid coverage, that is provided to certain inmates for up to 30 days before release from a correctional facility; and
• makes technical changes.

Every vote on this bill

Bill text

SUBSTANCE USE AND HEALTH CARE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Brad M. Daw
Senate Sponsor: 
Allen M. Christensen
LONG TITLE
General Description:
This bill modifies and enacts provisions relating to substance use treatment and health
care provided in a correctional facility.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ directs the Department of Health to apply for a waiver under the state Medicaid plan
to offer a program to provide Medicaid coverage to certain inmates for up to 30
days before release from a correctional facility;
▸ requires a county to provide matching funds to the state for Medicaid coverage, and
costs relating to the Medicaid coverage, that is provided to certain inmates for up to
30 days before release from a correctional facility; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
26-18-420
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26-18-420
 is enacted to read:
 26-18-420.
Medicaid waiver for coverage of qualified inmates leaving prison or
jail.
(1) As used in this section:
(a) "Correctional facility" means:
(i) a county jail;
(ii) the Department of Corrections, created in Section 
64-13-2
; or
(iii) a prison, penitentiary, or other institution operated by or under contract with the
Department of Corrections for the confinement of an offender, as defined in Section 
64-13-1
.
(b) "Qualified inmate" means an individual who:
(i) is incarcerated in a correctional facility; and
(ii) has:
(A) a chronic physical or behavioral health condition;
(B) a mental illness, as defined in Section 
62A-15-602
; or
(C) an opioid use disorder.
(2) Before July 1, 2020, the division shall apply for a Medicaid waiver or a state plan
amendment with CMS to offer a program to provide Medicaid coverage to a qualified inmate
for up to 30 days immediately before the day on which the qualified inmate is released from a
correctional facility.
(3) If the waiver or state plan amendment described in Subsection (2) is approved, the
department shall report to the Health and Human Services Interim Committee each year before
November 30 while the waiver or state plan amendment is in effect regarding:
(a) the number of qualified inmates served under the program;
(b) the cost of the program; and
(c) the effectiveness of the program, including:
(i) any reduction in the number of emergency room visits or hospitalizations by
inmates after release from a correctional facility;
(ii) any reduction in the number of inmates undergoing inpatient treatment after release
from a correctional facility;
(iii) any reduction in overdose rates and deaths of inmates after release from a
correctional facility; and
(iv) any other costs or benefits as a result of the program.
(4) If the waiver or state plan amendment described in Subsection (2) is approved, a
county that is responsible for the cost of a qualified inmate's medical care shall provide the
required matching funds to the state for:
(a) any costs to enroll the qualified inmate for the Medicaid coverage described in
Subsection (2);
(b) any administrative fees for the Medicaid coverage described in Subsection (2); and
(c) the Medicaid coverage that is provided to the qualified inmate under Subsection
(2).