Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 118 Second Substitute (2021GS)

Sponsor

Rep. Shipp, R.P.

Final action

Governor Signed 3/11/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• requires the Department of Health to keep a record of the cost of providing a hearing aid to each child under the Children's Hearing Aid Program;
• requires the department to send a letter to a family that participates in the Children's Hearing Aid Program informing the family of how it may donate to the program; and
• repeals a reporting requirement and sunset date.

Every vote on this bill

Bill text

CHILDREN'S HEARING AID PROGRAM AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Rex P. Shipp
Senate Sponsor: 
Luz Escamilla
Cosponsors:
Travis M. Seegmiller
Norman K. Thurston
LONG TITLE
General Description:
This bill amends provisions relating to the Children's Hearing Aid Program.
Highlighted Provisions:
This bill:
▸ requires the Department of Health to keep a record of the cost of providing a
hearing aid to each child under the Children's Hearing Aid Program;
▸ requires the department to send a letter to a family that participates in the Children's
Hearing Aid Program informing the family of how it may donate to the program;
and
▸ repeals a reporting requirement and sunset date.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26-10-11
, as last amended by Laws of Utah 2019, Chapter 349
63I-1-226
, as last amended by Laws of Utah 2020, Chapters 19, 154, 172, 181, 221,
232, 303, 347, and 429
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 -- Advisory Committee -- Restricted
Account -- Rulemaking.
(1) The department shall offer a program to provide hearing aids to children who
qualify under this section.
(2) The department shall provide hearing aids to a child who:
(a) is younger than six years old;
(b) is a resident of Utah;
(c) has been diagnosed with hearing loss by:
(i) an audiologist with pediatric expertise; and
(ii) a physician or physician assistant;
(d) provides documentation from an audiologist with pediatric expertise certifying that
the child needs hearing aids;
(e) has obtained medical clearance by a medical provider for hearing aid fitting;
(f) does not qualify to receive a contribution that equals the full cost of a hearing aid
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 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 53E, Public Education System -- State
Administration, as a teacher of the deaf or a listening and spoken language therapist;
(iv) one ear, nose, and throat specialist; and
(v) one parent 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 Program Restricted Account."
(b) The Children's Hearing Aid 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
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 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) (a) For each child who receives a hearing aid under Subsection (2), the department
shall maintain a record of the cost of providing services to the child under this section.
(b) No more than six months after services are provided to a child under this section,
the department shall send a letter to the family of the child who received services that includes
information regarding:
(i) the total amount paid by the department to provide services to the child under this
section; and
(ii) the process by which the family may donate all or part of the amount paid to
provide services to the child to fund the Children's Hearing Aid Program.
(c) All donations made under Subsection (6)(c) shall be deposited into the Children's
Hearing Aid Program Restricted Account created in Subsection (4)(a).
[
(5)
] 
(6)
 The department shall make rules, in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, to establish procedures for:
(a) identifying the children who are financially eligible to receive services under the
program; [
and
]
(b) reviewing and paying for services provided to a child under the program[
.
]
; and
(c) an individual to donate to the program all or part of the cost of providing services to
a child under this section, without regard to whether the donation is made in response to the
letter described in Subsection (5)(b).
[
(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) Subsection 
26-1-7
(1)(f), related to the Residential Child Care Licensing Advisory
Committee, is repealed July 1, 2024.
(2) Subsection 
26-1-7
(1)(h), related to the Primary Care Grant Committee, is repealed
July 1, 2025.
(3) Section 
26-1-7.5
, which creates the Utah Health Advisory Council, is repealed July
1, 2025.
(4) Section 
26-1-40
 is repealed July 1, 2022.
(5) Section 
26-1-41
 is repealed July 1, 2026.
(6) Section 
26-7-10
 is repealed July 1, 2025.
(7) Subsection 
26-7-11
(5), regarding reports to the Legislature, is repealed July 1,
2028.
(8) Section 
26-7-14
 is repealed December 31, 2027.
(9) Title 26, Chapter 9f, Utah Digital Health Service Commission Act, is repealed July
1, 2025.
(10) Subsection 
26-10-6
(5), which creates the Newborn Hearing Screening Committee,
is repealed July 1, 2026.
[
(11) Section 
26-10-11
 is repealed July 1, 2025.
]
[
(12)
] 
(11)
 Section 
26-10b-106
, which creates the Primary Care Grant Committee, is
repealed July 1, 2025.
[
(13)
] 
(12)
 Title 26, Chapter 18, Part 2, Drug Utilization Review Board, is repealed
July 1, 2027.
[
(14) Subsection 
26-18-417
(3) relating to a report to the Health and Human services
Interim Committee is repealed July 1, 2020.
]
[
(15)
] 
(13)
 Subsection 
26-18-418
(2), the language that states "and the Behavioral
Health Crisis Response Commission created in Section 
63C-18-202
" is repealed July 1, 2023.
[
(16)
] 
(14)
 Title 26, Chapter 18a, Kurt Oscarson Children's Organ Transplant
Coordinating Committee, is repealed July 1, 2021.
[
(17)
] 
(15)
 Section 
26-33a-117
 is repealed on December 31, 2023.
[
(18)
] 
(16)
 Title 26, Chapter 33a, Utah Health Data Authority Act, is repealed July 1,
2024.
[
(19)
] 
(17)
 Title 26, Chapter 36b, Inpatient Hospital Assessment Act, is repealed July
1, 2024.
[
(20)
] 
(18)
 Title 26, Chapter 36c, Medicaid Expansion Hospital Assessment Act, is
repealed July 1, 2024.
[
(21)
] 
(19)
 Title 26, Chapter 36d, Hospital Provider Assessment Act, is repealed July
1, 2024.
[
(22)
] 
(20)
 Section 
26-39-201
, which creates the Residential Child Care Licensing
Advisory Committee, is repealed July 1, 2024.
[
(23)
] 
(21)
 Section 
26-40-104
, which creates the Utah Children's Health Insurance
Program Advisory Council, is repealed July 1, 2025.
[
(24)
] 
(22)
 Section 
26-50-202
, which creates the Traumatic Brain Injury Advisory
Committee, is repealed July 1, 2025.
[
(25)
] 
(23)
 Title 26, Chapter 54, Spinal Cord and Brain Injury Rehabilitation Fund and
Pediatric Neuro-Rehabilitation Fund, is repealed January 1, 2025.
[
(26)
] 
(24)
 Title 26, Chapter 63, Nurse Home Visiting Pay-for-Success Program, is
repealed July 1, 2026.
[
(27)
] 
(25)
 Title 26, Chapter 66, Early Childhood Utah Advisory Council, is repealed
July 1, 2026.