Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 289 First Substitute (2022GS)

Sponsor

Rep. Johnson, D.N.

Final action

Governor Signed 3/24/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• creates the Volunteer Emergency Medical Service Personnel Health Insurance Program;
• describes the program benefit limits and eligibility;
• requires the Department of Health to convene an advisory board;
• authorizes program participants to participate in the Public Employees' Benefit and Insurance Program;
• amends the definition of "volunteer" in the Volunteer Government Workers Act;
• establishes a sunset date for the Volunteer Emergency Medical Service Personnel Health Insurance Program; and
• makes technical changes.

Every vote on this bill

Bill text

INSURANCE COVERAGE FOR EMERGENCY MEDICAL
SERVICE PERSONNEL
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Dan N. Johnson
Senate Sponsor: 
Derrin R. Owens
Cosponsors:
Carl R. Albrecht
James A. Dunnigan
Joel Ferry
Casey Snider
Ryan D. Wilcox
LONG TITLE
General Description:
This bill creates the Volunteer Emergency Medical Service Personnel Health Insurance
Program.
Highlighted Provisions:
This bill:
▸ creates the Volunteer Emergency Medical Service Personnel Health Insurance
Program;
▸ describes the program benefit limits and eligibility;
▸ requires the Department of Health to convene an advisory board;
▸ authorizes program participants to participate in the Public Employees' Benefit and
Insurance Program;
▸ amends the definition of "volunteer" in the Volunteer Government Workers Act;
▸ establishes a sunset date for the Volunteer Emergency Medical Service Personnel
Health Insurance Program; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a coordination clause.
Utah Code Sections Affected:
AMENDS:
49-20-201
, as last amended by Laws of Utah 2015, Chapter 107
63I-1-226
, as last amended by Laws of Utah 2021, Chapters 13, 50, 64, 163, 182, 234,
and 417
67-20-2
, as last amended by Laws of Utah 2013, Chapter 249
ENACTS:
26-8a-603
, Utah Code Annotated 1953
Utah Code Sections Affected by Coordination Clause:
67-20-2
, as last amended by Laws of Utah 2013, Chapter 249
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26-8a-603
 is enacted to read:
 26-8a-603.
Volunteer Emergency Medical Service Personnel Health Insurance
Program -- Creation -- Administration -- Eligibility -- Benefits -- Rulemaking -- Advisory
board.
(1) As used in this section:
(a) "Health benefit plan" means the same as that term is defined in Section 
31A-1-301
.
(b) "Local government entity" means a political subdivision that:
(i) is licensed as a ground ambulance provider under Part 4, Ambulance and Paramedic
Providers; and
(ii) as of January 1, 2022, does not offer health insurance benefits to volunteer
emergency medical service personnel.
(c) "PEHP" means the Public Employees' Benefit and Insurance Program created in
Section 
49-20-103
.
(d) "Political subdivision" means a county, a municipality, a limited purpose
government entity described in Title 17B, Limited Purpose Local Government Entities - Local
Districts, or Title 17D, Limited Purpose Local Government Entities - Other Entities, or an
entity created by an interlocal agreement under Title 11, Chapter 13, Interlocal Cooperation
Act.
(e) "Qualifying association" means an association that represents two or more political
subdivisions in the state.
(2) The Volunteer Emergency Medical Service Personnel Health Insurance Program
shall promote recruitment and retention of volunteer emergency medical service personnel by
making health insurance available to volunteer emergency medical service personnel.
(3) The department shall contract with a qualifying association to create, implement,
and administer the Volunteer Emergency Medical Service Personnel Health Insurance Program
described in this section.
(4) Participation in the program is limited to emergency medical service personnel
who:
(a) are licensed under Section 
26-8a-302
 and are able to perform all necessary
functions associated with the license;
(b) provide emergency medical services under the direction of a local governmental
entity:
(i) by responding to 20% of calls for emergency medical services in a rolling
twelve-month period;
(ii) within a county of the third, fourth, fifth, or sixth class; and
(iii) as a volunteer under the Fair Labor Standards Act, in accordance with 29 C.F.R.
Sec. 553.106;
(c) are not eligible for a health benefit plan through an employer or a spouse's
employer;
(d) are not eligible for medical coverage under a government sponsored healthcare
program; and
(e) reside in the state.
(5) (a) A participant in the program is eligible to participate in PEHP in accordance
with Subsection (5)(b) and Subsection 
49-20-201
(3).
(b) Benefits available to program participants under PEHP are limited to health
insurance that:
(i) covers the program participant and the program participant's eligible dependents on
a July 1 plan year;
(ii) accepts enrollment during an open enrollment period or for a special enrollment
event, including the initial eligibility of a program participant;
(iii) if the program participant is no longer eligible for benefits, terminates on the last
day of the last month for which the individual is a participant in the Volunteer Emergency
Medical Service Personnel Health Insurance Program; and
(iv) is not subject to continuation rights under state or federal law.
(6) (a) The department may make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to define additional criteria regarding benefit design and
eligibility for the program.
(b) The department shall convene an advisory board:
(i) to advise the department on making rules under Subsection (6)(a); and
(ii) that includes representation from at least the following entities:
(A) the qualifying association that receives the contract under Subsection (3); and
(B) PEHP.
(7) For purposes of this section, the qualifying association that receives the contract
under Subsection (3) shall be considered the public agency for whom the program participant is
volunteering under 29 C.F.R. Sec. 553.101.
Section 2. Section 
49-20-201
 is amended to read:
49-20-201.
Program participation -- Eligibility -- Optional for certain groups.
(1) (a) The state shall participate in the program on behalf of [
its
] 
the state's
 employees.
(b) Other employers, including political subdivisions and educational institutions, are
eligible, but are not required, to participate in the program on behalf of their employees.
(2) (a) As provided in Subsection 
26-40-110
(5), the Department of Health may
participate in the program for the purpose of providing health and dental benefits to children
enrolled in the Utah Children's Health Insurance Program created in Title 26, Chapter 40, Utah
Children's Health Insurance Act.
(b) If the Department of Health participates in the program under the provisions of this
Subsection (2), all insurance risk associated with the Utah Children's Health Insurance Program
shall be the responsibility of the Department of Health and not the program or the office.
(3) Volunteer emergency medical service personnel are eligible to participate in the
program in accordance with Section 
26-8a-603
.
[
(3)
] 
(4)
 A covered individual shall be eligible for coverage after termination of
employment under rules adopted by the board.
[
(4)
] 
(5)
 Only the following are eligible for Medicare supplement coverage under this
chapter upon becoming eligible for Medicare Part A and Part B coverage:
(a) retirees;
(b) members;
(c) participants;
(d) employees who have medical employee benefit plan coverage at the time of their
retirement; and
(e) current spouses of those who are eligible under Subsections [
(4)
] 
(5)
(a) through (d).
Section 3. 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 
26-10b-106
, which creates the Primary Care Grant Committee, is repealed
July 1, 2025.
(12) Subsection 
26-15c-104
(3), relating to a limitation on the number of
microenterprise home kitchen permits that may be issued, is repealed on July 1, 2022.
(13) Subsection 
26-18-2.6
(9), which addresses reimbursement for dental hygienists, is
repealed July 1, 2028.
(14) Section 
26-18-27
 is repealed July 1, 2025.
(15) Title 26, Chapter 18, Part 2, Drug Utilization Review Board, is repealed July 1,
2027.
(16) 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.
(17) Section 
26-33a-117
 is repealed on December 31, 2023.
(18) Title 26, Chapter 33a, Utah Health Data Authority Act, is repealed July 1, 2024.
(19) Title 26, Chapter 36b, Inpatient Hospital Assessment Act, is repealed July 1,
2024.
(20) Title 26, Chapter 36c, Medicaid Expansion Hospital Assessment Act, is repealed
July 1, 2024.
(21) Title 26, Chapter 36d, Hospital Provider Assessment Act, is repealed July 1, 2024.
(22) Section 
26-39-201
, which creates the Residential Child Care Licensing Advisory
Committee, is repealed July 1, 2024.
(23) Section 
26-40-104
, which creates the Utah Children's Health Insurance Program
Advisory Council, is repealed July 1, 2025.
(24) Section 
26-50-202
, which creates the Traumatic Brain Injury Advisory
Committee, is repealed July 1, 2025.
(25) Title 26, Chapter 54, Spinal Cord and Brain Injury Rehabilitation Fund and
Pediatric Neuro-Rehabilitation Fund, is repealed January 1, 2025.
(26) Title 26, Chapter 63, Nurse Home Visiting Pay-for-Success Program, is repealed
July 1, 2026.
(27) Title 26, Chapter 66, Early Childhood Utah Advisory Council, is repealed July 1,
2026.
(28) Title 26, Chapter 68, COVID-19 Vaccine Restrictions Act, is repealed July 1,
2024.
(29) Section 
26-8a-603
 is repealed July 1, 2027.
Section 4. Section 
67-20-2
 is amended to read:
67-20-2.
Definitions.
As used in this chapter:
(1) "Agency" means:
(a) a department, institution, office, college, university, authority, division, board,
bureau, commission, council, or other agency of the state;
(b) a county, city, town, school district, or special improvement or taxing district; or
(c) any other political subdivision.
(2) "Compensatory service worker" means a person who performs a public service with
or without compensation for an agency as a condition or part of the person's:
(a) incarceration;
(b) plea;
(c) sentence;
(d) diversion;
(e) probation; or
(f) parole.
(3) (a) "Volunteer" means [
a person
] 
an individual
 who donates service without pay or
other compensation except
:
(i)
 expenses actually and reasonably incurred as approved by the supervising agency[
.
]
;
and
(ii) health insurance received by a participant in the Volunteer Emergency Medical
Service Personnel Health Insurance Program described in Section 
26-8a-603
.
(b) "Volunteer" does not include:
(i) a person participating in human subjects research to the extent that the participation
is governed by federal law or regulation inconsistent with this chapter; or
(ii) a compensatory service worker.
(c) "Volunteer" includes a juror or potential juror appearing in response to a summons
for a trial jury or grand jury.
(4) "Volunteer facilitator" means a business or nonprofit organization that, from
individuals who have a relationship with the business or nonprofit organization, such as
membership or employment, provides volunteers to an agency or facilitates volunteers
volunteering with an agency.
(5) "Volunteer safety officer" means an individual who:
(a) provides services as a volunteer under the supervision of an agency; and
(b) at the time the individual provides the services to the supervising agency described
in Subsection (5)(a), the individual is:
(i) exercising peace officer authority as provided in Section 
53-13-102
; or
(ii) if the supervising agency described in Subsection (5)(a) is a fire department:
(A) on the rolls of the supervising agency as a firefighter;
(B) not regularly employed as a firefighter by the supervising agency; and
(C) acting in a capacity that includes the responsibility for the extinguishment of fire.
(6) "Volunteer search and rescue team member" means an individual who:
(a) provides services as a volunteer under the supervision of a county sheriff; and
(b) at the time the individual provides the services to the county sheriff described in
Subsection (6)(a), is:
(i) certified as a member of the county sheriff's search and rescue team; and
(ii) acting in the capacity of a member of the search and rescue team of the supervising
county sheriff.
Section 5. 
 Coordinating H.B. 289 with H.B. 287 -- Technical amendment.
If this H.B. 289 and H.B. 287, Volunteer Government Workers Act, both pass and
become law, it is the intent of the Legislature that the Office of Legislative Research and
General Counsel, in preparing the Utah Code database for publication, modify Subsection
67-20-2
(5)(a) in H.B. 287 to read:
"
[
(3)
] 
(5)
 (a) "Volunteer" means [
a person
] 
an individual
 who donates service without
pay or other compensation except [
expenses actually and reasonably incurred
] 
the following
, as
approved by the supervising agency[
.
]
:
(i) expenses actually and reasonably incurred;
(ii) a stipend for future higher education expenses, awarded from the National Service
Trust under 45 C.F.R Secs. 2526.10 and 2527.10;
(iii) a stipend, below the IRS aggregate amount, for:
(A) emergency volunteers, including emergency medical service volunteers, volunteer
safety officers, and volunteer search and rescue team members; or
(B) non-emergency volunteers, including senior program volunteers and community
event volunteers;
(iv) (A) health benefits provided through the supervising agency; or
(B) for a volunteer who participates in the Volunteer Emergency Medical Service
Personnel Health Insurance Program described in Section 
26-8a-603
, health insurance provided
through the program;
(v) passthrough stipends or other compensation provided to volunteers through a
federal or state program, including Americorp Seniors volunteers, consistent with 42 U.S.C.
Sec. 5058;
(vi) stipends or other compensation, below the IRS aggregate amount, provided to
volunteers from any person;
(vii) uniforms, identification, personal protective equipment, or safety equipment used
by a volunteer only while volunteering for the supervising entity;
(viii) a nonpecuniary item not exceeding $50 in value;
(ix) nonpecuniary items, below the IRS aggregate amount, donated to the supervising
agency with the express intent of benefitting a volunteer; or
(x) meals or gifts, not exceeding $50 in value, provided as part of a volunteers
appreciation event by the volunteering agency."