Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 41 (2022GS)

Sponsor

Sen. Kennedy, M.

Final action

Governor Signed 3/23/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• requires the Department of Health to:
• award a grant to a local mental health authority to implement or expand an integrated behavioral health program;
• develop a proposal to allow the state Medicaid program to reimburse a local mental health authority for physical health services in an integrated behavioral health care setting; and
• apply for a waiver under the state Medicaid plan to implement the proposal;
• allows a certain medication-assistance treatment drug to be recycled under the Charitable Prescription Drug Recycling Act, subject to federal law;
• creates a sunset date;
• creates reporting requirements; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

BEHAVIORAL HEALTH SERVICES AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Michael S. Kennedy
House Sponsor: 
Stewart E. Barlow
LONG TITLE
General Description:
This bill addresses behavioral health treatment and services.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ requires the Department of Health to:
• award a grant to a local mental health authority to implement or expand an
integrated behavioral health program;
• develop a proposal to allow the state Medicaid program to reimburse a local
mental health authority for physical health services in an integrated behavioral
health care setting; and
• apply for a waiver under the state Medicaid plan to implement the proposal;
▸ allows a certain medication-assistance treatment drug to be recycled under the
Charitable Prescription Drug Recycling Act, subject to federal law;
▸ creates a sunset date;
▸ creates reporting requirements; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
This bill appropriates in fiscal year 2023:
▸ to Department of Health and Human Services -- Integrated Health Care Services --
Medicaid Behavioral Health Services, as an ongoing appropriation:
• from General Fund, $116,000; and
▸ to Department of Health and Human Services -- Integrated Health Care Services --
Medicaid Behavioral Health Services, as a one-time appropriation:
• from General Fund, One-time, $87,000.
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
58-17b-902
, as last amended by Laws of Utah 2021, Chapter 397
58-17b-905
, as last amended by Laws of Utah 2021, Chapter 397
63I-1-226
, as last amended by Laws of Utah 2021, Chapters 13, 50, 64, 163, 182, 234,
and 417
ENACTS:
26-1-43
, Utah Code Annotated 1953
26-18-427
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26-1-43
 is enacted to read:
 26-1-43.
Integrated behavioral health care grant program.
(1) As used in this section:
(a) "Integrated behavioral health care services" means coordinated physical and
behavioral health care services for one patient.
(b) "Local mental health authority" means a local mental health authority described in
Section 
17-43-301
.
(c) "Project" means a project described in Subsection (2).
(2) Before July 1 of each year, the department shall issue a request for proposals in
accordance with this section to award a grant to a local mental health authority for development
or expansion of a project to provide effective delivery of integrated behavioral health care
services.
(3) To be considered for a grant award under Subsection (2), a local mental health
authority shall submit an application to the department that:
(a) explains the benefits of integrated behavioral health care services to a patient who is
receiving mental health or substance use disorder treatment;
(b) describes the local mental health authority's operational plan for delivery of
integrated behavioral health care services under the proposed project and any data or
evidence-based practices supporting the likely success of the operational plan;
(c) includes:
(i) the number of patients to be served by the local mental health authority's proposed
project; and
(ii) the cost of the local mental health authority's proposed project; and
(d) provides details regarding:
(i) any plan to use funding sources in addition to the grant award under this section for
the local mental health authority's proposed project;
(ii) any existing or planned contracts or partnerships between the local mental health
authority and other individuals or entities to develop or implement the local mental health
authority's proposed project; and
(iii) the sustainability and reliability of the local mental health authority's proposed
project.
(4) In evaluating a local mental health authority's application under Subsection (3) to
determine the grant award under Subsection (2), the department shall consider:
(a) how the local mental health authority's proposed project will ensure effective
provision of integrated behavioral health care services;
(b) the cost of the local mental health authority's proposed project;
(c) the extent to which any existing or planned contracts or partnerships or additional
funding sources described in the local mental health authority's application are likely to benefit
the proposed project; and
(d) the sustainability and reliability of the local mental health authority's proposed
project.
(5) Before July 1, 2025, the department shall report to the Health and Human Services
Interim Committee regarding:
(a) any knowledge gained or obstacles encountered in providing integrated behavioral
health care services under each project;
(b) data gathered in relation to each project; and
(c) recommendations for expanding a project statewide.
Section 2. Section 
26-18-427
 is enacted to read:
 26-18-427.
Medicaid waiver for increased integrated health care reimbursement.
(1) As used in this section:
(a) "Integrated health care setting" means a health care or behavioral health care setting
that provides integrated physical and behavioral health care services.
(b) "Local mental health authority" means a local mental health authority described in
Section 
17-43-301
.
(2) The department shall develop a proposal to allow the state Medicaid program to
reimburse a local mental health authority for covered physical health care services provided in
an integrated health care setting to Medicaid eligible individuals.
(3) Before December 31, 2022, the department shall apply for a Medicaid waiver or a
state plan amendment with CMS to implement the proposal described in Subsection (2).
(4) If the waiver or state plan amendment described in Subsection (3) is approved, the
department shall:
(a) implement the proposal described in Subsection (2); and
(b) while the waiver or state plan amendment is in effect, submit a report to the Health
and Human Services Interim Committee each year before November 30 detailing:
(i) the number of patients served under the waiver or state plan amendment;
(ii) the cost of the waiver or state plan amendment; and
(iii) any benefits of the waiver or state plan amendment.
Section 3. Section 
58-17b-902
 is amended to read:
58-17b-902.
Definitions.
As used in this part:
(1) "Assisted living facility" means the same as that term is defined in Section 
26-21-2
.
(2) "Cancer drug" means a drug that controls or kills neoplastic cells and includes a
drug used in chemotherapy to destroy cancer cells.
(3) "Charitable clinic" means a charitable nonprofit corporation that:
(a) holds a valid exemption from federal income taxation issued under Section 501(a),
Internal Revenue Code;
(b) is exempt from federal income taxation under Section 501(c)(3), Internal Revenue
Code;
(c) provides, on an outpatient basis, for a period of less than 24 consecutive hours, to
an individual not residing or confined at a facility owned or operated by the charitable
nonprofit corporation:
(i) advice;
(ii) counseling;
(iii) diagnosis;
(iv) treatment;
(v) surgery; or
(vi) care or services relating to the preservation or maintenance of health; and
(d) has a licensed outpatient pharmacy.
(4) "Charitable pharmacy" means an eligible pharmacy that is operated by a charitable
clinic.
(5) "County health department" means the same as that term is defined in Section
26A-1-102
.
(6) "Donated prescription drug" means a prescription drug that an eligible donor or
individual donates to an eligible pharmacy under the program.
(7) "Eligible donor" means a donor that donates a prescription drug from within the
state and is:
(a) a nursing care facility;
(b) an assisted living facility;
(c) a licensed intermediate care facility for people with an intellectual disability;
(d) a manufacturer;
(e) a pharmaceutical wholesale distributor;
(f) an eligible pharmacy; or
(g) a physician's office.
(8) "Eligible pharmacy" means a pharmacy that:
(a) is registered by the division as eligible to participate in the program; and
(b) (i) is licensed in the state as a Class A retail pharmacy; or
(ii) is operated by:
(A) a county;
(B) a county health department;
(C) a pharmacy under contract with a county health department;
(D) the Department of Health, created in Section 
26-1-4
;
(E) the Division of Substance Abuse and Mental Health, created in Section
62A-15-103
; or
(F) a charitable clinic.
(9) 
(a)
 "Eligible prescription drug" means a prescription drug, described in Section
58-17b-904
, that is not:
[
(a)
] 
(i) except as provided in Subsection (9)(b),
 a controlled substance; or
[
(b)
] 
(ii)
 a drug that can only be dispensed to a patient registered with the drug's
manufacturer in accordance with federal Food and Drug Administration requirements.
(b) "Eligible prescription drug" includes a medication-assisted treatment drug that may
be accepted, transferred, and dispensed under the program in accordance with federal law.
(10) "Licensed intermediate care facility for people with an intellectual disability"
means the same as that term is defined in Section 
58-17b-503
.
(11) "Medically indigent individual" means an individual who:
(a) (i) does not have health insurance; and
(ii) lacks reasonable means to purchase prescribed medications; or
(b) (i) has health insurance; and
(ii) lacks reasonable means to pay the insured's portion of the cost of the prescribed
medications. 
(12) "Medication-assisted treatment drug" means buprenorphine prescribed to treat
substance use withdrawal symptoms or an opiate use disorder.
[
(12)
] 
(13)
 "Nursing care facility" means the same as that term is defined in Section
26-18-501
.
[
(13)
] 
(14)
 "Physician's office" means a fixed medical facility that:
(a) is staffed by a physician, physician's assistant, nurse practitioner, or registered
nurse, licensed under Title 58, Occupations and Professions; and
(b) treats an individual who presents at, or is transported to, the facility.
[
(14)
] 
(15)
 "Program" means the Charitable Prescription Drug Recycling Program
created in Section 
58-17b-903
.
[
(15)
] 
(16)
 "Unit pack" means the same as that term is defined in Section 
58-17b-503
.
[
(16)
] 
(17)
 "Unlawful conduct" means the same as that term is defined in Sections
58-1-501
 and 
58-17b-501
.
[
(17)
] 
(18)
 "Unprofessional conduct" means the same as that term is defined in
Sections 
58-1-501
 and 
58-17b-502
.
Section 4. Section 
58-17b-905
 is amended to read:
58-17b-905.
Participation in program -- Requirements -- Fees.
(1) An eligible donor, an individual, or an eligible pharmacy may participate in the
program.
(2) An eligible pharmacy:
(a) shall comply with all applicable federal and state laws related to the storage
,
disposal,
 and distribution of a prescription drug;
(b) shall comply with all applicable federal and state laws related to the acceptance and
transfer of a prescription drug, including 21 U.S.C. Chapter 9, Subchapter V, Part H,
Pharmaceutical Distribution Supply Chain;
(c) shall, before accepting or dispensing a prescription drug under the program, inspect
each prescription drug to determine whether the prescription drug is an eligible prescription
drug;
(d) may dispense an eligible prescription drug to a medically indigent individual who:
(i) is located in the state when the drug is dispensed; and
(ii) has a prescription issued by a practitioner;
(e) may charge a handling fee, adopted by the division under Section 
63J-1-504
; and
(f) may not accept, transfer, or dispense a prescription drug in violation of the federal
Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301 et seq.
Section 5. 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) Section 
26-1-43
 is repealed December 31, 2025.
[
(15)
] 
(16)
 Title 26, Chapter 18, Part 2, Drug Utilization Review Board, is repealed
July 1, 2027.
[
(16)
] 
(17)
 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)
] 
(18)
 Section 
26-33a-117
 is repealed on December 31, 2023.
[
(18)
] 
(19)
 Title 26, Chapter 33a, Utah Health Data Authority Act, is repealed July 1,
2024.
[
(19)
] 
(20)
 Title 26, Chapter 36b, Inpatient Hospital Assessment Act, is repealed July
1, 2024.
[
(20)
] 
(21)
 Title 26, Chapter 36c, Medicaid Expansion Hospital Assessment Act, is
repealed July 1, 2024.
[
(21)
] 
(22)
 Title 26, Chapter 36d, Hospital Provider Assessment Act, is repealed July
1, 2024.
[
(22)
] 
(23)
 Section 
26-39-201
, which creates the Residential Child Care Licensing
Advisory Committee, is repealed July 1, 2024.
[
(23)
] 
(24)
 Section 
26-40-104
, which creates the Utah Children's Health Insurance
Program Advisory Council, is repealed July 1, 2025.
[
(24)
] 
(25)
 Section 
26-50-202
, which creates the Traumatic Brain Injury Advisory
Committee, is repealed July 1, 2025.
[
(25)
] 
(26)
 Title 26, Chapter 54, Spinal Cord and Brain Injury Rehabilitation Fund and
Pediatric Neuro-Rehabilitation Fund, is repealed January 1, 2025.
[
(26)
] 
(27)
 Title 26, Chapter 63, Nurse Home Visiting Pay-for-Success Program, is
repealed July 1, 2026.
[
(27)
] 
(28)
 Title 26, Chapter 66, Early Childhood Utah Advisory Council, is repealed
July 1, 2026.
[
(28)
] 
(29)
 Title 26, Chapter 68, COVID-19 Vaccine Restrictions Act, is repealed July
1, 2024.
Section 6. 
Appropriation.
The following sums of money are appropriated for the fiscal year beginning July 1,
2022, and ending June 30, 2023. These are additions to amounts previously appropriated for
fiscal year 2023. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
Act, the Legislature appropriates the following sums of money from the funds or accounts
indicated for the use and support of the government of the state of Utah.
ITEM 1
To Department of Health and Human Services -- Integrated Health Care Services
From General Fund
$116,000
From General Fund, One-time
$87,000
Schedule of Programs:
Medicaid Behavioral Health Services $203,000
The Legislature intends that the appropriations provided under this item be used to
award grants under the integrated behavioral health care grant program created in Section
26-1-43
.