Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 106 First Substitute (2023GS)

Sponsor

Sen. Harper, W.

Final action

Governor Signed 3/15/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• directs the Department of Health and Human Services to:
• apply for an amendment to an existing waiver to the state Medicaid plan to implement a program to reimburse a parent or guardian who provides extraordinary personal care services to a waiver enrollee; and
• make administrative rules defining personal care services that are extraordinary; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

CAREGIVER COMPENSATION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Wayne A. Harper
House Sponsor: 
Jennifer Dailey-Provost
LONG TITLE
General Description:
This bill addresses reimbursement for certain personal care services under Medicaid.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ directs the Department of Health and Human Services to:
• apply for an amendment to an existing waiver to the state Medicaid plan to
implement a program to reimburse a parent or guardian who provides
extraordinary personal care services to a waiver enrollee; and
• make administrative rules defining personal care services that are extraordinary;
and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26-18-426
, as enacted by Laws of Utah 2021, Chapter 212
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26-18-426
 is amended to read:
26-18-426.
Medicaid waiver expansion for extraordinary care reimbursement.
(1) As used in this section:
(a) "Existing home and community-based services waiver" means an existing home
and community-based services waiver in the state that serves an individual:
(i) with an acquired brain injury;
(ii) with an intellectual or physical disability; or
(iii) who is 65 years old or older.
(b) 
"Guardian" means a person appointed by a court to manage the affairs of a living
individual.
(c) "Parent" means a biological or adoptive parent of an individual.
(d)
 "Personal care services" means a service that:
(i) is furnished to an individual who is not an inpatient nor a resident of a hospital,
nursing facility, intermediate care facility, or institution for mental diseases;
(ii) is authorized for an individual described in Subsection [
(1)(b)(i)
] 
(1)(d)(i)
 in
accordance with a plan of treatment;
(iii) is provided by an individual who is qualified to provide the services; and
(iv) is furnished in a home or another community-based setting.
[
(c)
] 
(e)
 "Waiver enrollee" means an individual who is enrolled in an existing home
and community-based services waiver.
(2) Before July 1, 2021, the department shall apply with CMS for an amendment to an
existing home and community-based services waiver to implement a program to offer
reimbursement to an individual who provides personal care services that constitute
extraordinary care to a waiver enrollee who is the individual's spouse.
(3) If CMS approves the amendment described in Subsection (2), the department shall
implement the program described in Subsection (2).
(4) The department shall by rule, made in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, define "extraordinary care" for purposes of Subsection (2).
(5) Before July 1, 2023, the department shall apply with CMS for an amendment to an
existing home and community-based services waiver to implement a program to offer
reimbursement to an individual who provides personal care services that constitute
extraordinary care to a waiver enrollee to whom the individual is a parent or guardian.
(6) If CMS approves the amendment described in Subsection (5), the department shall
implement the program described in Subsection (5).
(7) The department shall by rule, made in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, define "extraordinary care" for purposes of Subsection (5).