Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 86 (2020GS)

Sponsor

Rep. Hall, C.

Final action

Governor Signed 3/28/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• creates the Adult Autism Treatment Program within the Department of Health;
• describes the operation of the program; and
• creates the Adult Autism Treatment Account.

Every vote on this bill

Bill text

ADULT AUTISM TREATMENT PROGRAM
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Craig Hall
Senate Sponsor: 
Curtis S. Bramble
LONG TITLE
General Description:
This bill creates the Adult Autism Treatment Program.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ creates the Adult Autism Treatment Program within the Department of Health;
▸ describes the operation of the program; and
▸ creates the Adult Autism Treatment Account.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26-1-7
, as last amended by Laws of Utah 2017, Chapter 419
ENACTS:
26-67-101
, Utah Code Annotated 1953
26-67-102
, Utah Code Annotated 1953
26-67-201
, Utah Code Annotated 1953
26-67-202
, Utah Code Annotated 1953
26-67-203
, Utah Code Annotated 1953
26-67-204
, Utah Code Annotated 1953
26-67-205
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26-1-7
 is amended to read:
26-1-7.
Committees within department.
(1) There are created within the department the following committees:
(a) Health Facility Committee;
(b) State Emergency Medical Services Committee;
(c) Air Ambulance Committee; 
(d) Health Data Committee;
(e) Utah Health Care Workforce Financial Assistance Program Advisory Committee;
(f) Residential Child Care Licensing Advisory Committee;
(g) Child Care Center Licensing Committee; [
and
]
(h) Primary Care Grant Committee[
.
]
; and
(i) Adult Autism Treatment Program Advisory Committee.
(2) The department shall:
(a) consolidate advisory groups and committees with other committees or advisory
groups as appropriate to create greater efficiencies and budgetary savings for the department;
and
(b) create in writing, time-limited and subject-limited duties for the advisory groups or
committees as necessary to carry out the responsibilities of the department.
Section 2. Section 
26-67-101
 is enacted to read:
CHAPTER 67. ADULT AUTISM TREATMENT PROGRAM
Part 1. General Provisions
 26-67-101.
Title.
This chapter is known as the "Adult Autism Treatment Program."
Section 3. Section 
26-67-102
 is enacted to read:
 26-67-102.
Definitions.
As used in this chapter:
(1) "Adult Autism Treatment Account" means the Adult Autism Treatment Account
created in Section 
26-67-204
.
(2) "Advisory committee" means the Adult Autism Treatment Program Advisory
Committee created in Section 
26-1-7
.
(3) "Applied behavior analysis" means the same as that term is defined in Section
31A-22-642
.
(4) "Autism spectrum disorder" means the same as that term is defined in Section
31A-22-642
.
(5) "Program" means the Adult Autism Treatment Program created in Section
26-67-201
.
(6) "Qualified individual" means an individual who:
(a) is at least 22 years of age;
(b) is a resident of the state;
(c) has been diagnosed by a qualified professional as having:
(i) an autism spectrum disorder; or
(ii) another neurodevelopmental disorder requiring significant supports through
treatment using applied behavior analysis; and
(d) needs significant supports for a condition described in Subsection (6)(c), as
demonstrated by formal assessments of the individual's:
(i) cognitive ability;
(ii) adaptive ability;
(iii) behavior; and
(iv) communication ability.
(7) "Qualified provider" means a provider that is qualified under Section 
26-67-202
 to
provide services for the program.
Section 4. Section 
26-67-201
 is enacted to read:
Part 2. Program
 26-67-201.
Adult Autism Treatment Program -- Creation -- Requirements --
Reporting.
(1) There is created within the department the Adult Autism Treatment Program.
(2) (a) The program shall be administered by the department in collaboration with the
advisory committee.
(b) The program shall be funded only with money from the Adult Autism Treatment
Account.
(3) (a) An individual may apply for a grant from the program by submitting to a
qualified provider the information specified by the department under Subsection
 26-67-204
(5).
(b) As funding permits, the department shall award a grant from the program on behalf
of an applicant in accordance with criteria established by the department, in collaboration with
the advisory committee, by rule made in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act.
(c) A grant shall:
(i) be for a specific amount;
(ii) cover a specific period, not to exceed five years; and
(iii) be disbursed incrementally, if appropriate.
(d) The department shall transmit a grant awarded on behalf of an applicant to a
qualified provider designated by the applicant.
(4) A qualified provider that receives a grant for the treatment of a qualified individual
shall:
(a) use the grant only for treatment of the qualified individual;
(b) submit any reports that are required by the department; and
(c) notify the department within seven days if:
(i) the qualified individual:
(A) has not received treatment from the qualified provider for 10 consecutive days;
(B) is no longer receiving treatment from the qualified provider; or
(C) is no longer a qualified individual; or
(ii) the qualified provider is no longer a qualified provider.
(5) A qualified provider that receives a grant for the treatment of a qualified individual
shall refund any amount to the department on a prorated basis for each day that:
(a) the qualified provider is no longer a qualified provider;
(b) the individual is no longer a qualified individual; or
(c) the qualified provider does not provide services to a qualified individual.
Section 5. Section 
26-67-202
 is enacted to read:
 26-67-202.
Adult Autism Treatment Program Advisory Committee -- Membership
-- Procedures -- Compensation -- Duties -- Expenses.
(1) The Adult Autism Treatment Advisory Committee created in Section 
26-1-7
 shall
consist of six members appointed by the governor to two-year terms as follows:
(a) one individual who:
(i) has a doctorate degree in psychology;
(ii) is a licensed behavior analyst practicing in the state; and
(iii) has treated adults with an autism spectrum disorder for at least three years;
(b) one individual who is:
(i) employed by the department; and
(ii) has professional experience with the treatment of autism spectrum disorder;
(c) three individuals who have firsthand experience with autism spectrum disorders and
the effects, diagnosis, treatment, and rehabilitation of autism spectrum disorders, including:
(i) family members of an adult with an autism spectrum disorder;
(ii) representatives of an association that advocates for adults with an autism spectrum
disorder; and
(iii) specialists or professionals who work with adults with an autism spectrum
disorder; and
(d) one individual who is:
(i) a health insurance professional;
(ii) holds a Doctor of Medicine or Doctor of Philosophy degree, with professional
experience relating to the treatment of autism spectrum disorder; and
(iii) has a knowledge of autism benefits and therapy that are typically covered by the
health insurance industry.
(2) (a) Notwithstanding Subsection (1), the governor shall, at the time of appointment
or reappointment, adjust the length of terms to ensure the terms of members are staggered so
that approximately half of the advisory committee is appointed every year.
(b) If a vacancy occurs in the membership of the advisory committee, the governor may
appoint a replacement for the unexpired term.
(3) (a) The advisory committee shall annually elect a chair from its membership.
(b) A majority of the advisory committee constitutes a quorum at any meeting and, if a
quorum exists, the action of the majority of members present is the action of the advisory
committee.
(4) The advisory committee shall meet as necessary to:
(a) advise the department regarding implementation of the program;
(b) make recommendations to the department and the Legislature for improving the
program; and
(c) before October 1 each year, provide a written report of the advisory committee's
activities and recommendations to:
(i) the executive director;
(ii) the Health and Human Services Interim Committee; and
(iii) the Social Services Appropriations Subcommittee.
(5) The advisory committee shall comply with the procedures and requirements of:
(a) Title 52, Chapter 4, Open and Public Meetings Act; and
(b) Title 63G, Chapter 2, Government Records Access and Management Act.
(6) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(7) (a) The department shall staff the advisory committee.
(b) Expenses of the advisory committee, including the cost of advisory committee staff
if approved by the executive director, may be paid only with funds from the Adult Autism
Treatment Account.
Section 6. Section 
26-67-203
 is enacted to read:
 26-67-203.
Provider qualifications.
The department shall designate a provider as a qualified provider if the provider:
(1) is able to treat a qualified individual's condition through:
(a) one or more evidence-based treatments, including applied behavior analysis;
(b) individualized, client-centered treatment;
(c) any method that engages the qualified individual's family members in the treatment
process; and
(d) measured development of the qualified individual's pre-vocational, vocational, and
daily-living skills; and
(2) provides treatment to a qualified individual through:
(a) a behavior analyst licensed under Title 58, Chapter 61, Part 7, Behavior Analyst
Licensing Act; or
(b) a psychologist who is licensed under Title 58, Chapter 61, Psychologist Licensing
Act.
Section 7. Section 
26-67-204
 is enacted to read:
 26-67-204.
Department rulemaking.
The department, in collaboration with the advisory committee, shall make rules in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:
(1) specify assessment tools and outcomes that a qualified provider may use to
determine the types of supports that a qualified individuals needs;
(2) define evidence-based treatments that a qualified individual may pay for with grant
funding;
(3) establish criteria for awarding a grant under this chapter;
(4) specify the information that an individual shall submit to demonstrate that the
individual is a qualified individual;
(5) specify the information a provider shall submit to demonstrate that the provider is a
qualified provider; and
(6) specify the content and timing of reports required from a qualified provider,
including a report on actual and projected treatment outcomes for a qualified individual.
Section 8. Section 
26-67-205
 is enacted to read:
 26-67-205.
Adult Autism Treatment Account.
(1) There is created within the General Fund a restricted account known as the "Adult
Autism Treatment Account."
(2) The account consists of:
(a) gifts, grants, donations, or any other conveyance of money that may be made to the
fund from private sources;
(b) interest earned on money in the account; and
(c) money appropriated to the account by the Legislature.
(3) Money from the fund shall be used only to:
(a) fund grants awarded by the department under Section 
26-67-201
; and
(b) pay the advisory committee's operating expenses, including the cost of advisory
committee staff if approved by the executive director.
(4) The state treasurer shall invest the money in the account in accordance with Title
51, Chapter 7, State Money Management Act.