Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 290 First Substitute (2023GS)

Sponsor

Rep. Eliason, S.

Final action

Governor Signed 3/15/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• amends the Medicaid waiver program for children with disabilities and complex medical conditions.

Every vote on this bill

Bill text

MEDICAID WAIVER FOR MEDICALLY COMPLEX
CHILDREN AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Steve Eliason
Senate Sponsor: 
Curtis S. Bramble
LONG TITLE
General Description:
This bill amends the Medicaid waiver program for children with disabilities and
complex medical conditions.
Highlighted Provisions:
This bill:
▸ amends the Medicaid waiver program for children with disabilities and complex
medical conditions.
Money Appropriated in this Bill:
This bill appropriates in fiscal year 2024:
▸ to the Department of Health and Human Services - Integrated Health Care
Services, Medicaid Home and Community Based Services, as an ongoing
appropriation:
• from the General Fund, $901,100;
▸ to the Department of Health and Human Services - Health Care Administration,
Integrated Health Care Administration, as an ongoing appropriation:
• from the General Fund, $94,200; and
▸ to the Department of Workforce Services - Operations and Policy, Eligibility
Services, as an ongoing appropriation:
• from the General Fund, $4,700.
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
26-18-410
, as last amended by Laws of Utah 2022, Chapter 226
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26-18-410
 is amended to read:
26-18-410.
Medicaid waiver for children with disabilities and complex medical
needs.
(1) As used in this section:
(a) "Additional eligibility criteria" means the additional eligibility criteria set by the
department under Subsection (4)(e).
(b) "Complex medical condition" means a physical condition of an individual that:
(i) results in severe functional limitations for the individual; and
(ii) is likely to:
(A) last at least 12 months; or
(B) result in death.
(c) "Program" means the program for children with complex medical conditions
created in Subsection (3).
(d) "Qualified child" means a child who:
(i) is less than 19 years old;
(ii) is diagnosed with a complex medical condition;
(iii) has a condition that meets the definition of disability in 42 U.S.C. Sec. 12102; and
(iv) meets the additional eligibility criteria.
(2) The department shall apply for a Medicaid home and community-based waiver with
CMS to implement, within the state Medicaid program, the program described in Subsection
(3).
(3) If the waiver described in Subsection (2) is approved, the department shall offer a
program that:
(a) as funding permits, provides treatment for qualified children;
[
(b) if approved by CMS and as funding permits, beginning in fiscal year 2023
provides on an ongoing basis treatment for 130 more qualified children than the program
provided treatment for during fiscal year 2022; and
]
[
(c)
] 
(b)
 accepts applications for the program on an ongoing basis[
.
]
;
[
(i)
] 
(c)
 requires periodic reevaluations of an enrolled child's eligibility and other
applicants or eligible children waiting for services in the program based on the additional
eligibility criteria; and
[
(ii)
] 
(d)
 at the time of reevaluation, allows the department to disenroll a child [
based
on the prioritization described in Subsection (4)(a) and additional eligibility criteria
] 
if the
child is no longer a qualified child
.
(4) The department shall:
(a) establish by rule made in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, criteria to prioritize qualified children's participation in the
program based on the following factors, in the following priority order:
(i) the complexity of a qualified child's medical condition; and
(ii) the financial needs of the qualified child and the qualified child's family;
(b) convene a public process to determine the benefits and services to offer a qualified
child under the program;
(c) evaluate, on an ongoing basis, the cost and effectiveness of the program;
(d) if funding for the program is reduced, develop an evaluation process to reduce the
number of children served based on the participation criteria established under Subsection
(4)(a); and
(e) establish, by rule made in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, additional eligibility criteria based on the factors described in
Subsections (4)(a)(i) and (ii).
Section 2. 
Appropriation.
The following sums of money are appropriated for the fiscal year beginning July 1,
2023, and ending June 30, 2024. These are additions to amounts previously appropriated for
fiscal year 2024. 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 the Department of Health and Human Services -- Integrated Health Care Services
From General Fund
901,100
Schedule of Programs:
 Medicaid Home and Community Based Services 901,100
The Legislature intends that the Department of Health and Human Services use the
appropriation under this item to add children to the Medicaid wavier described in Section
26-18-410
.
ITEM 2
To the Department of Health and Human Services -- Health Care Administration
From General Fund
94,200
Schedule of Programs:
 Integrated Health Care Administration 94,200
The Legislature intends that the Department of Health and Human Services use the
appropriation under this item to add children to the Medicaid wavier described in Section
26-18-410
.
ITEM 3
To the Department of Workforce Services -- Operations and Policy
From General Fund
4,700
Schedule of Programs:
Eligibility Services 4,700
The Legislature intends that the Department of Workforce Services use the
appropriation under this item to add children to the Medicaid wavier described in Section
26-18-410
.
Section 3. 
Effective date.
This bill takes effect on July 1, 2023.