Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 437 (2023GS)

Sponsor

Rep. Dunnigan, J.

Final action

Governor Signed 3/15/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• requires the Department of Health and Human Services to report to the Health and Human Services Interim Committee on tardive dyskinesia;
• requires the Medicaid program to reimburse for audio-only telehealth services as specified by division rule;
• requires the Department of Health and Human Services to report to the Health and Human Services Interim Committee on payment by the Medicaid program for long-acting injectable typical and atypical antipsychotics; and
• establishes repeal dates.

Every vote on this bill

Bill text

HEALTH SERVICES AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: James A. Dunnigan
Senate Sponsor: 
Wayne A. Harper
LONG TITLE
General Description:
This bill is related to certain health care services.
Highlighted Provisions:
This bill:
▸ requires the Department of Health and Human Services to report to the Health and
Human Services Interim Committee on tardive dyskinesia;
▸ requires the Medicaid program to reimburse for audio-only telehealth services as
specified by division rule;
▸ requires the Department of Health and Human Services to report to the Health and
Human Services Interim Committee on payment by the Medicaid program for
long-acting injectable typical and atypical antipsychotics; and
▸ establishes repeal dates.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26-18-13.5
, as last amended by Laws of Utah 2019, Chapter 249
63I-2-226
, as last amended by Laws of Utah 2022, Chapters 255, 365
ENACTS:
26-10-16
, Utah Code Annotated 1953
26-18-29
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26-10-16
 is enacted to read:
 26-10-16.
Tardive dyskinesia.
With respect to tardive dyskinesia, the department shall report on the following to the
Health and Human Services Interim Committee before November 1, 2023:
 (1) resources available to help health care providers, including mental health providers,
accurately diagnose and appropriately treat tardive dyskinesia;
(2) resources available to help an individual with tardive dyskinesia, and the
individual's caregivers, respond to the functional and social challenges posed by the condition;
(3) options for improving screening, diagnosis, and treatment of tardive dyskinesia,
including actions the department may take on behalf of:
(a) residents of the state generally;
(b) Medicaid program enrollees; and
(c) individuals receiving services under a local mental health authority, as defined in
Section 
62A-15-102
; and
(4) the potential costs and benefits of implementing the options reported under
Subsection (3).
Section 2. Section 
26-18-13.5
 is amended to read:
26-18-13.5.
Reimbursement of telemedicine services, audio-only telehealth
services and telepsychiatric consultations.
(1) As used in this section:
(a) "Telehealth services" means the same as that term is defined in Section 
26-60-102
.
(b) "Telemedicine services" means the same as that term is defined in Section
26-60-102
.
(c) "Telepsychiatric consultation" means a consultation between a physician and a
board certified psychiatrist, both of whom are licensed to engage in the practice of medicine in
the state, that utilizes:
(i) the health records of the patient, provided from the patient or the referring
physician;
(ii) a written, evidence-based patient questionnaire; and
(iii) telehealth services that meet industry security and privacy standards, including
compliance with the:
(A) Health Insurance Portability and Accountability Act; and
(B) Health Information Technology for Economic and Clinical Health Act, Pub. L. No.
111-5, 123 Stat. 226, 467, as amended.
(2) This section applies to:
(a) a managed care organization that contracts with the Medicaid program; and
(b) a provider who is reimbursed for health care services under the Medicaid program.
(3) The Medicaid program shall reimburse for telemedicine services at the same rate
that the Medicaid program reimburses for other health care services.
(4) The Medicaid program shall reimburse for audio-only telehealth services as
specified by division rule.
[
(4)
] 
(5)
 The Medicaid program shall reimburse for telepsychiatric consultations at a
rate set by the Medicaid program.
Section 3. Section 
26-18-29
 is enacted to read:
 26-18-29.
Long-acting injectables.
(1) With respect to payments by the Medicaid program for long-acting injectable
typical and atypical antipsychotics, the department shall report on the following to the Health
and Human Services Interim Committee before November 1, 2023:
 (a) options for payment, including the benefits and cost of each option; and
(b) whether payment should be included in a bundled payment made to a hospital.
(2) The department shall prepare the report with input from health care providers.
Section 4. Section 
63I-2-226
 is amended to read:
63I-2-226.
Repeal dates: Titles 26 through 26B.
(1) Subsection 
26-2-12.6
(3), relating to the report for birth certificate fees, is repealed
December 31, 2022.
(2) Subsection 
26-7-8
(3) is repealed January 1, 2027.
(3) Section 
26-8a-107
 is repealed July 1, 2024.
(4) Subsection 
26-8a-203
(3)(a)(i) is repealed January 1, 2023.
(5) Section 
26-8a-211
 is repealed July 1, 2023.
(6) In relation to the Air Ambulance Committee, on July 1, 2024, Subsection
26-8a-602
(1)(a) is amended to read:
"(a) provide the patient or the patient's representative with the following information
before contacting an air medical transport provider:
(i) which health insurers in the state the air medical transport provider contracts with;
(ii) if sufficient data is available, the average charge for air medical transport services
for a patient who is uninsured or out of network; and
(iii) whether the air medical transport provider balance bills a patient for any charge not
paid by the patient's health insurer; and".
(7) Section 
26-10-16
 is repealed July 1, 2024.
[
(7)
] 
(8)
 Subsection 
26-18-2.4
(3)(e) is repealed January 1, 2023.
(9) Section 
26-18-29
 is repealed July 1, 2024.
[
(8)
] 
(10)
 Subsection 
26-18-411
(8), related to reporting on the health coverage
improvement program, is repealed January 1, 2023.
[
(9)
] 
(11)
 Subsection 
26-18-420
(5), related to reporting on coverage for in vitro
fertilization and genetic testing, is repealed July 1, 2030.
[
(10)
] 
(12)
 In relation to the Air Ambulance Committee, July 1, 2024, Subsection
26-21-32
(1)(a) is amended to read:
"(a) provide the patient or the patient's representative with the following information
before contacting an air medical transport provider:
(i) which health insurers in the state the air medical transport provider contracts with;
(ii) if sufficient data is available, the average charge for air medical transport services
for a patient who is uninsured or out of network; and
(iii) whether the air medical transport provider balance bills a patient for any charge not
paid by the patient's health insurer; and".
[
(11)
] 
(13)
 Subsection 
26-33a-106.1
(2)(a) is repealed January 1, 2023.
[
(12)
] 
(14)
 Title 26, Chapter 46, Utah Health Care Workforce Financial Assistance
Program, is repealed July 1, 2027.
[
(13)
] 
(15)
 Subsection 
26-61-202
(4)(b) is repealed January 1, 2022.
[
(14)
] 
(16)
 Subsection 
26-61-202
(5) is repealed January 1, 2022.
[
(15)
] 
(17)
 Subsection 
26B-1-204
(2)(f), relating to the Air Ambulance Committee, is
repealed July 1, 2024.