Rep. Norm Thurston — Voting Record

Utah House District 62 · complete roll-call record from le.utah.gov
← All votes

Bill

Health Care Reform Amendments
Number
H.B. 340 (2024GS)
Sponsor
Rep. Ivory, K.
Final action
House/ filed 3/1/2024
Outcome
Failed / filed without passage

Summary

This bill amends provisions related to health care reform.

What it does

  • This bill:
  • requires the Department of Health and Human Services (department) to issue a request for information regarding lowering costs to the Medicaid program while maintaining or improving the level of services offered to Medicaid enrollees;
  • authorizes the department to initiate request for proposals;
  • authorizes the department to apply for Medicaid waivers if necessary to implement a proposal;
  • authorizes the use of the Medicaid Expansion Fund to pay for certain programs;
  • amends provisions related to the types of drugs a health care provider may dispense in the health care provider's office; and
  • creates a sunset date.

Every vote on this bill

2/5/2024House Comm - Held
House Business and Labor Committee
12 0 4YEA

Bill text

introduced version · official source
HEALTH CARE REFORM AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ken Ivory
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill amends provisions related to health care reform.
Highlighted Provisions:
This bill:
▸ requires the Department of Health and Human Services (department) to issue a
request for information regarding lowering costs to the Medicaid program while
maintaining or improving the level of services offered to Medicaid enrollees;
▸ authorizes the department to initiate request for proposals;
▸ authorizes the department to apply for Medicaid waivers if necessary to implement
a proposal;
▸ authorizes the use of the Medicaid Expansion Fund to pay for certain programs;
▸ amends provisions related to the types of drugs a health care provider may dispense
in the health care provider's office; and
▸ creates a sunset date. 
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
26B-1-315
, as last amended by Laws of Utah 2023, Chapter 471 and renumbered and
amended by Laws of Utah 2023, Chapter 305
58-88-202
, as enacted by Laws of Utah 2022, Chapter 353
63I-1-226
 (Superseded 07/01/24)
, as last amended by Laws of Utah 2023, Chapters
249, 269, 270, 275, 332, 335, 420, and 495 and repealed and reenacted by Laws of
Utah 2023, Chapter 329
63I-1-226
 (Effective 07/01/24)
, as last amended by Laws of Utah 2023, Chapters 249,
269, 270, 275, 310, 332, 335, 420, and 495 and repealed and reenacted by Laws of
Utah 2023, Chapter 329 and last amended by Coordination Clause, Laws of Utah
2023, Chapters 329, 332
ENACTS:
26B-3-143
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26B-1-315
 is amended to read:
26B-1-315.
Medicaid Expansion Fund.
(1) There is created an expendable special revenue fund known as the "Medicaid
Expansion Fund."
(2) The fund consists of:
(a) assessments collected under Chapter 3, Part 5, Inpatient Hospital Assessment;
(b) intergovernmental transfers under Section 
26B-3-508
;
(c) savings attributable to the health coverage improvement program, as defined in
Section 
26B-3-501
, as determined by the department;
(d) savings attributable to the enhancement waiver program, as defined in Section
26B-3-501
, as determined by the department;
(e) savings attributable to the Medicaid waiver expansion, as defined in Section
26B-3-501
, as determined by the department;
(f) savings attributable to the inclusion of psychotropic drugs on the preferred drug list
under Subsection 
26B-3-105
(3) as determined by the department;
(g) revenues collected from the sales tax described in Subsection 
59-12-103
(11);
(h) gifts, grants, donations, or any other conveyance of money that may be made to the
fund from private sources;
(i) interest earned on money in the fund; and
(j) additional amounts as appropriated by the Legislature.
(3) (a) The fund shall earn interest.
(b) All interest earned on fund money shall be deposited into the fund.
(4) (a) A state agency administering the provisions of Chapter 3, Part 5, Inpatient
Hospital Assessment, may use money from the fund to pay the costs, not otherwise paid for
with federal funds or other revenue sources, of:
(i) the health coverage improvement program as defined in Section 
26B-3-501
;
(ii) the enhancement waiver program as defined in Section 
26B-3-501
;
(iii) a Medicaid waiver expansion as defined in Section 
26B-3-501
; [
and
]
(iv) the outpatient upper payment limit supplemental payments under Section
26B-3-511
[
.
]
; and
(v) administering and implementing a program or Medicaid waiver created under
Section 
26B-3-143
.
(b) A state agency administering the provisions of Chapter 3, Part 5, Inpatient Hospital
Assessment, may not use:
(i) funds described in Subsection (2)(b) to pay the cost of private outpatient upper
payment limit supplemental payments; or
(ii) money in the fund for any purpose not described in Subsection (4)(a).
Section 2. Section 
26B-3-143
 is enacted to read:
 26B-3-143.
Medicaid improvement projects.
(1) Before December 31, 2024, the department shall initiate a request for information
related to providing the same or improved services to enrollees at lower cost to the state.
(2) (a) After receiving responses under Subsection (1) and in accordance with Title
63G, Chapter 6a, Utah Procurement Code, the department may develop any number of request
for proposals that the department determines could result in the same or improved services to
enrollees at lower cost to the state.
(b) The department may determine the scope for a request for proposal described in
Subsection (2)(a).
(3) The department may apply for a Medicaid waiver to implement a program created
under this section.
Section 3. Section 
58-88-202
 is amended to read:
58-88-202.
Dispensing practice -- Drugs that may be dispensed -- Limitations and
exceptions.
(1) Notwithstanding Section 
58-17b-302
, a dispensing practitioner may dispense a drug
at a licensed dispensing practice if the drug is:
(a) packaged in a fixed quantity per package by:
(i) the drug manufacturer;
(ii) a pharmaceutical wholesaler or distributor; or
(iii) a pharmacy licensed under Chapter 17b, Pharmacy Practice Act; 
and
(b) dispensed:
(i) at a licensed dispensing practice at which the dispensing practitioner regularly
practices; and
(ii) under a prescription issued by the dispensing practitioner to the dispensing
practitioner's patient[
;
]
.
[
(c) for a condition that is not expected to last longer than 30 days; and
]
[
(d) for a condition for which the patient has been evaluated by the dispensing
practitioner on the same day on which the dispensing practitioner dispenses the drug.
]
(2) A dispensing practitioner may not dispense:
(a) a controlled substance as defined in Section 
58-37-2
;
(b) a drug or class of drugs that is designated by the division under Subsection
58-88-205
(2); 
or
(c) gabapentin[
; or
]
.
[
(d) a supply of a drug under this part that exceeds a 30-day supply.
]
(3) A dispensing practitioner may not make a claim against workers' compensation or
automobile insurance for a drug dispensed under this part for outpatient use unless the
dispensing practitioner is contracted with a pharmacy network established by the claim payor.
(4) When a dispensing practitioner dispenses a drug to the patient under this part, a
dispensing practitioner shall:
(a) disclose to the patient verbally and in writing that the patient is not required to fill
the prescription through the licensed dispensing practice and that the patient has a right to fill
the prescription through a pharmacy; and
(b) if the patient will be responsible to pay cash for the drug, disclose:
(i) that the patient will be responsible to pay cash for the drug; and
(ii) the amount that the patient will be charged by the licensed dispensing practice for
the drug.
(5) This part does not:
(a) require a dispensing practitioner to dispense a drug under this part;
(b) limit a health care prescriber from dispensing under Chapter 17b, Part 8,
Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy; or
(c) apply to a physician who dispenses:
(i) a drug sample, as defined in Section 
58-17b-102
, to a patient in accordance with
Section 
58-1-501.3
 or Section 
58-17b-610
;
(ii) a prescription drug or device to a patient for a patient's immediate need in an
emergency department in accordance with Section 
58-17b-610.5
; or
(iii) a drug in an emergency situation as defined by the division in rule under Chapter
17b, Pharmacy Practice Act.
Section 4. Section 
63I-1-226 (Superseded 07/01/24)
 is amended to read:
63I-1-226 (Superseded 07/01/24).
Repeal dates: Titles 26A through 26B.
(1) Subsection 
26B-1-204
(2)(i), related to the Primary Care Grant Committee, is
repealed July 1, 2025.
(2) Section 
26B-1-315
, which creates the Medicaid Expansion Fund, is repealed July 1,
2024.
(3) Subsection 
26B-1-315
(4)(a)(v), related to a program or Medicaid waiver created
under Section 
26B-3-143
, is repealed July 1, 2031.
[
(3)
] 
(4)
 Section 
26B-1-319
, which creates the Neuro-Rehabilitation Fund, is repealed
January 1, 2025.
[
(4)
] 
(5)
 Section 
26B-1-320
, which creates the Pediatric Neuro-Rehabilitation Fund, is
repealed January 1, 2025.
[
(5)
] 
(6)
 Subsection 
26B-1-324
(4), the language that states "the Behavioral Health
Crisis Response Commission, as defined in Section 
63C-18-202
," is repealed December 31,
2026.
[
(6)
] 
(7)
 Subsection 
26B-1-329
(6), related to the Behavioral Health Crisis Response
Commission, is repealed December 31, 2026.
[
(7)
] 
(8)
 Section 
26B-1-402
, related to the Rare Disease Advisory Council Grant
Program, is repealed July 1, 2026.
[
(8)
] 
(9)
 Section 
26B-1-409
, which creates the Utah Digital Health Service
Commission, is repealed July 1, 2025.
[
(9)
] 
(10)
 Section 
26B-1-410
, which creates the Primary Care Grant Committee, is
repealed July 1, 2025.
[
(10)
] 
(11)
 Section 
26B-1-416
, which creates the Utah Children's Health Insurance
Program Advisory Council, is repealed July 1, 2025.
[
(11)
] 
(12)
 Section 
26B-1-417
, which creates the Brain Injury Advisory Committee, is
repealed July 1, 2025.
[
(12)
] 
(13)
 Section 
26B-1-418
, which creates the Neuro-Rehabilitation Fund and
Pediatric Neuro-Rehabilitation Fund Advisory Committee, is repealed January 1, 2025.
[
(13)
] 
(14)
 Section 
26B-1-422
, which creates the Early Childhood Utah Advisory
Council, is repealed July 1, 2029.
[
(14)
] 
(15)
 Section 
26B-1-428
, which creates the Youth Electronic Cigarette,
Marijuana, and Other Drug Prevention Program, is repealed July 1, 2025.
[
(15)
] 
(16)
 Section 
26B-1-430
, which creates the Coordinating Council for Persons
with Disabilities, is repealed July 1, 2027.
[
(16)
] 
(17)
 Section 
26B-1-431
, which creates the Forensic Mental Health Coordinating
Council, is repealed July 1, 2023.
[
(17)
] 
(18)
 Section 
26B-1-432
, which creates the Newborn Hearing Screening
Committee, is repealed July 1, 2026.
[
(18)
] 
(19)
 Section 
26B-1-434
, regarding the Correctional Postnatal and Early
Childhood Advisory Board, is repealed July 1, 2026.
[
(19)
] 
(20)
 Section 
26B-2-407
, related to drinking water quality in child care centers, is
repealed July 1, 2027.
[
(20)
] 
(21)
 Subsection 
26B-3-107
(9), which addresses reimbursement for dental
hygienists, is repealed July 1, 2028.
[
(21)
] 
(22)
 Section 
26B-3-136
, which creates the Children's Health Care Coverage
Program, is repealed July 1, 2025.
[
(22)
] 
(23)
 Section 
26B-3-137
, related to reimbursement for the National Diabetes
Prevention Program, is repealed June 30, 2027.
(24) Section 
26B-3-143
 is repealed July 1, 2031.
[
(23)
] 
(25)
 Subsection 
26B-3-213
(2), the language that states "and the Behavioral
Health Crisis Response Commission created in Section 
63C-18-202
" is repealed December 31,
2026.
[
(24)
] 
(26)
 Sections 
26B-3-302
 through 
26B-3-309
, regarding the Drug Utilization
Review Board, are repealed July 1, 2027.
[
(25)
] 
(27)
 Title 26B, Chapter 3, Part 5, Inpatient Hospital Assessment, is repealed July
1, 2024.
[
(26)
] 
(28)
 Title 26B, Chapter 3, Part 6, Medicaid Expansion Hospital Assessment, is
repealed July 1, 2024.
[
(27)
] 
(29)
 Title 26B, Chapter 3, Part 7, Hospital Provider Assessment, is repealed July
1, 2028.
[
(28)
] 
(30)
 Section 
26B-3-910
, regarding alternative eligibility, is repealed July 1,
2028.
[
(29)
] 
(31)
 Section 
26B-4-136
, related to the Volunteer Emergency Medical Service
Personnel Health Insurance Program, is repealed July 1, 2027.
[
(30)
] 
(32)
 Section 
26B-4-710
, related to rural residency training programs, is repealed
July 1, 2025.
[
(31)
] 
(33)
 Subsections 
26B-5-112
(1) and (5), the language that states "In consultation
with the Behavioral Health Crisis Response Commission, established in Section 
63C-18-202
,"
is repealed December 31, 2026.
[
(32)
] 
(34)
 Section 
26B-5-112.5
 is repealed December 31, 2026.
[
(33)
] 
(35)
 Section 
26B-5-114
, related to the Behavioral Health Receiving Center
Grant Program, is repealed December 31, 2026.
[
(34)
] 
(36)
 Section 
26B-5-118
, related to collaborative care grant programs, is repealed
December 31, 2024.
[
(35)
] 
(37)
 Section 
26B-5-120
 is repealed December 31, 2026.
[
(36)
] 
(38)
 In relation to the Utah Assertive Community Treatment Act, on July 1,
2024:
(a) Subsection 
26B-5-606
(2)(a)(i), the language that states "and" is repealed; and
(b) Subsections 
26B-5-606
(2)(a)(ii), 
26B-5-606
(2)(b), and 
26B-5-606
(2)(c) are
repealed.
[
(37)
] 
(39)
 In relation to the Behavioral Health Crisis Response Commission, on
December 31, 2026:
(a) Subsection 
26B-5-609
(1)(a) is repealed;
(b) Subsection 
26B-5-609
(3)(a), the language that states "With recommendations from
the commission," is repealed;
(c) Subsection 
26B-5-610
(1)(b) is repealed;
(d) Subsection 
26B-5-610
(2)(b), the language that states "and in consultation with the
commission," is repealed; and
(e) Subsection 
26B-5-610
(4), the language that states "In consultation with the
commission," is repealed.
[
(38)
] 
(40)
 Subsections 
26B-5-611
(1)(a) and (10), in relation to the Utah Substance
Use and Mental Health Advisory Council, are repealed January 1, 2033.
[
(39)
] 
(41)
 Section 
26B-5-612
, related to integrated behavioral health care grant
programs, is repealed December 31, 2025.
[
(40)
] 
(42)
 Subsection 
26B-7-119
(5), related to reports to the Legislature on the
outcomes of the Hepatitis C Outreach Pilot Program, is repealed July 1, 2028.
[
(41)
] 
(43)
 Section 
26B-7-224
, related to reports to the Legislature on violent incidents
and fatalities involving substance abuse, is repealed December 31, 2027.
[
(42)
] 
(44)
 Title 26B, Chapter 8, Part 5, Utah Health Data Authority, is repealed July 1,
2024.
[
(43)
] 
(45)
 Section 
26B-8-513
, related to identifying overuse of non-evidence-based
health care, is repealed December 31, 2023.
Section 5. Section 
63I-1-226 (Effective 07/01/24)
 is amended to read:
63I-1-226 (Effective 07/01/24).
Repeal dates: Titles 26A through 26B.
(1) Subsection 
26B-1-204
(2)(i), related to the Primary Care Grant Committee, is
repealed July 1, 2025.
(2) Section 
26B-1-315
, which creates the Medicaid Expansion Fund, is repealed July 1,
2024.
(3) Subsection 
26B-1-315
(4)(a)(v), related to a program or Medicaid waiver created
under Section 
26B-3-143
, is repealed July 1, 2031.
[
(3)
] 
(4)
 Section 
26B-1-319
, which creates the Neuro-Rehabilitation Fund, is repealed
January 1, 2025.
[
(4)
] 
(5)
 Section 
26B-1-320
, which creates the Pediatric Neuro-Rehabilitation Fund, is
repealed January 1, 2025.
[
(5)
] 
(6)
 Subsection 
26B-1-324
(4), the language that states "the Behavioral Health
Crisis Response Commission, as defined in Section 
63C-18-202
," is repealed December 31,
2026.
[
(6)
] 
(7)
 Subsection 
26B-1-329
(6), related to the Behavioral Health Crisis Response
Commission, is repealed December 31, 2026.
[
(7)
] 
(8)
 Section 
26B-1-402
, related to the Rare Disease Advisory Council Grant
Program, is repealed July 1, 2026.
[
(8)
] 
(9)
 Section 
26B-1-409
, which creates the Utah Digital Health Service
Commission, is repealed July 1, 2025.
[
(9)
] 
(10)
 Section 
26B-1-410
, which creates the Primary Care Grant Committee, is
repealed July 1, 2025.
[
(10)
] 
(11)
 Section 
26B-1-416
, which creates the Utah Children's Health Insurance
Program Advisory Council, is repealed July 1, 2025.
[
(11)
] 
(12)
 Section 
26B-1-417
, which creates the Brain Injury Advisory Committee, is
repealed July 1, 2025.
[
(12)
] 
(13)
 Section 
26B-1-418
, which creates the Neuro-Rehabilitation Fund and
Pediatric Neuro-Rehabilitation Fund Advisory Committee, is repealed January 1, 2025.
[
(13)
] 
(14)
 Section 
26B-1-422
, which creates the Early Childhood Utah Advisory
Council, is repealed July 1, 2029.
[
(14)
] 
(15)
 Section 
26B-1-428
, which creates the Youth Electronic Cigarette,
Marijuana, and Other Drug Prevention Program, is repealed July 1, 2025.
[
(15)
] 
(16)
 Section 
26B-1-430
, which creates the Coordinating Council for Persons
with Disabilities, is repealed July 1, 2027.
[
(16)
] 
(17)
 Section 
26B-1-431
, which creates the Forensic Mental Health Coordinating
Council, is repealed July 1, 2023.
[
(17)
] 
(18)
 Section 
26B-1-432
, which creates the Newborn Hearing Screening
Committee, is repealed July 1, 2026.
[
(18)
] 
(19)
 Section 
26B-1-434
, regarding the Correctional Postnatal and Early
Childhood Advisory Board, is repealed July 1, 2026.
[
(19)
] 
(20)
 Section 
26B-2-407
, related to drinking water quality in child care centers, is
repealed July 1, 2027.
[
(20)
] 
(21)
 Subsection 
26B-3-107
(9), which addresses reimbursement for dental
hygienists, is repealed July 1, 2028.
[
(21)
] 
(22)
 Section 
26B-3-136
, which creates the Children's Health Care Coverage
Program, is repealed July 1, 2025.
[
(22)
] 
(23)
 Section 
26B-3-137
, related to reimbursement for the National Diabetes
Prevention Program, is repealed June 30, 2027.
(24) Section 
26B-3-143
 is repealed July 1, 2031.
[
(23)
] 
(25)
 Subsection 
26B-3-213
(2), the language that states "and the Behavioral
Health Crisis Response Commission created in Section 
63C-18-202
" is repealed December 31,
2026.
[
(24)
] 
(26)
 Sections 
26B-3-302
 through 
26B-3-309
, regarding the Drug Utilization
Review Board, are repealed July 1, 2027.
[
(25)
] 
(27)
 Title 26B, Chapter 3, Part 5, Inpatient Hospital Assessment, is repealed July
1, 2024.
[
(26)
] 
(28)
 Title 26B, Chapter 3, Part 6, Medicaid Expansion Hospital Assessment, is
repealed July 1, 2024.
[
(27)
] 
(29)
 Title 26B, Chapter 3, Part 7, Hospital Provider Assessment, is repealed July
1, 2028.
[
(28)
] 
(30)
 Section 
26B-3-910
, regarding alternative eligibility, is repealed July 1,
2028.
[
(29)
] 
(31)
 Section 
26B-4-710
, related to rural residency training programs, is repealed
July 1, 2025.
[
(30)
] 
(32)
 Subsections 
26B-5-112
(1) and (5), the language that states "In consultation
with the Behavioral Health Crisis Response Commission, established in Section 
63C-18-202
,"
is repealed December 31, 2026.
[
(31)
] 
(33)
 Section 
26B-5-112.5
 is repealed December 31, 2026.
[
(32)
] 
(34)
 Section 
26B-5-114
, related to the Behavioral Health Receiving Center
Grant Program, is repealed December 31, 2026.
[
(33)
] 
(35)
 Section 
26B-5-118
, related to collaborative care grant programs, is repealed
December 31, 2024.
[
(34)
] 
(36)
 Section 
26B-5-120
 is repealed December 31, 2026.
[
(35)
] 
(37)
 In relation to the Utah Assertive Community Treatment Act, on July 1,
2024:
(a) Subsection 
26B-5-606
(2)(a)(i), the language that states "and" is repealed; and
(b) Subsections 
26B-5-606
(2)(a)(ii), 
26B-5-606
(2)(b), and 
26B-5-606
(2)(c) are
repealed.
[
(36)
] 
(38)
 In relation to the Behavioral Health Crisis Response Commission, on
December 31, 2026:
(a) Subsection 
26B-5-609
(1)(a) is repealed;
(b) Subsection 
26B-5-609
(3)(a), the language that states "With recommendations from
the commission," is repealed;
(c) Subsection 
26B-5-610
(1)(b) is repealed;
(d) Subsection 
26B-5-610
(2)(b), the language that states "and in consultation with the
commission," is repealed; and
(e) Subsection 
26B-5-610
(4), the language that states "In consultation with the
commission," is repealed.
[
(37)
] 
(39)
 Subsections 
26B-5-611
(1)(a) and (10), in relation to the Utah Substance
Use and Mental Health Advisory Council, are repealed January 1, 2033.
[
(38)
] 
(40)
 Section 
26B-5-612
, related to integrated behavioral health care grant
programs, is repealed December 31, 2025.
[
(39)
] 
(41)
 Subsection 
26B-7-119
(5), related to reports to the Legislature on the
outcomes of the Hepatitis C Outreach Pilot Program, is repealed July 1, 2028.
[
(40)
] 
(42)
 Section 
26B-7-224
, related to reports to the Legislature on violent incidents
and fatalities involving substance abuse, is repealed December 31, 2027.
[
(41)
] 
(43)
 Title 26B, Chapter 8, Part 5, Utah Health Data Authority, is repealed July 1,
2024.
[
(42)
] 
(44)
 Section 
26B-8-513
, related to identifying overuse of non-evidence-based
health care, is repealed December 31, 2023.
Section 6. 
Effective date.
(1) Except as provided in Subsection (2), this bill takes effect on May 1, 2024.
(2) The actions affecting Section 
63I-1-226
 (Effective 07/01/24) take effect on July 1,
2024.