Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 238 (2025GS)

Sponsor

Rep. Nguyen, Hoang

Final action

House/ filed 3/7/2025

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• for certain funds and accounts related to the Department of Health and Human Services, provides that the funds and accounts shall earn interest and that the interest shall be deposited into the originating fund or account; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

9
26B-1-318
26B-1-324
26B-1-326
26B-1-335
Department of Health and Human Services Account Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Hoang Nguyen
Senate Sponsor: Evan J. Vickers
LONG TITLE
General Description:
This bill addresses interest earned on certain funds and accounts related to the Department 
of Health and Human Services.
Highlighted Provisions:
This bill:
for certain funds and accounts related to the Department of Health and Human Services, 
provides that the funds and accounts shall earn interest and that the interest shall be 
deposited into the originating fund or account; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26B-1-318
, as last amended by Laws of Utah 2024, Chapter 289
26B-1-324
, as last amended by Laws of Utah 2024, Chapters 240, 245 and 250
26B-1-326
, as last amended by Laws of Utah 2024, Chapter 250
26B-1-335
, as last amended by Laws of Utah 2024, Chapter 268
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
26B-1-318
 is amended to read:
26B-1-318. Brain and Spinal Cord Injury Fund.
(1)
As used in this section:
(a)
"Advisory committee" means the Brain and Spinal Cord Injury Advisory Committee 
created in Section 
26B-1-418
26B-1-417
.
(b)
"Qualified charitable clinic" means a professional medical clinic that:
(i)
provides therapeutic services;
(ii)
employs licensed therapy clinicians;
(iii)
has at least five years experience operating a post-acute care rehabilitation clinic 
in the state; and
(iv)
has obtained tax-exempt status under Internal Revenue Code, 26 U.S.C. Sec. 
501(c)(3).
(c)
(i)
"Therapeutic services" means:
(A)
rehabilitation services to individuals who have a spinal cord or brain injury 
that tends to be non-progressive or non-deteriorating and require post-acute 
care; or
(B)
rehabilitation services for children with neurological conditions and who 
require post-acute care.
(ii)
"Therapeutic services" include:
(A)
physical, occupational, and speech therapy; and
(B)
other services as determined by the department, in consultation with the 
advisory committee, through rule made in accordance with Title 63G, Chapter 
3, Utah Administrative Rulemaking Act.
(2)
(a)
There is created an expendable special revenue fund known as the "Brain and 
Spinal Cord Injury Fund."
(b)
The fund shall earn interest.
(c)
All interest earned on fund money shall be deposited into the fund.
(3)
The fund shall consist of:
(a)
gifts, grants, donations, or any other conveyance of money that may be made to the 
fund from private sources;
 and
(b)
additional amounts as appropriated by the Legislature;
(c)
a portion of the impound fee as designated in Section 
41-6a-1406
;
 and
(d)
the fees collected by the Motor Vehicle Division under Subsections 
41-1a-1201
(8) 
and 
41-22-8
(3)
.
; and
(e)
interest earned on fund money.
(4)
The fund shall be administered by the executive director, in consultation with the 
advisory committee.
(5)
Fund money may be used to:
(a)
educate the general public and professionals regarding understanding, treatment, and 
prevention of brain injury;
(b)
provide access to evaluations and coordinate short-term care to assist an individual in 
identifying services or support needs, resources, and benefits for which the individual 
may be eligible;
(c)
develop and support an information and referral system for persons with a brain 
injury and their families;
(d)
provide grants to persons or organizations to provide the services described in 
Subsections (5)(a), (b), and (c);
(e)
assist one or more qualified charitable clinics to provide therapeutic services; and
(f)
purchase equipment for use in the qualified charitable clinic.
(6)
Each year, approximately no less than:
(a)
40% of the fund shall be used for programs and services described in Subsections 
(5)(a) through (d);
(b)
25% of the fund shall be used to assist adults with brain or spinal cord injuries under 
Subsections (5)(e) and (f); and
(c)
10 % of the fund shall be used to assist children with neurological conditions under 
Subsections (5)(e) and (f).
(7)
An individual who receives services either paid for from the fund, or through an 
organization under contract with the fund, shall:
(a)
be a resident of Utah;
(b)
have been diagnosed by a qualified professional as having a brain injury or other 
neurological condition which results in impairment of cognitive or physical function; 
and
(c)
have a need that can be met within the requirements of this section.
(8)
The fund may not duplicate any services or support mechanisms being provided to an 
individual by any other government or private agency.
(9)
All actual and necessary operating expenses for the 
Brain and Spinal Cord Injury 
Advisory Committee created in Section 
26B-1-417
advisory committee
 and staff shall 
be paid by the fund.
Section 2, Section 
26B-1-324
 is amended to read:
26B-1-324. Statewide Behavioral Health Crisis Response Account -- Creation -- 
Administration -- Permitted uses -- Reporting.
(1)
(a)
There is created a restricted account within the General Fund known as the 
"Statewide Behavioral Health Crisis Response Account," consisting of:
(a)
(i)
money appropriated or otherwise made available by the Legislature;
 and
(b)
(ii)
contributions of money, property, or equipment from federal agencies, 
political subdivisions of the state, or other persons
.
; and
(iii)
interest earned on account money.
(b)
The account shall earn interest.
(c)
All interest earned on account money shall be deposited into the account.
(2)
(a)
Subject to appropriations by the Legislature and any contributions to the account 
described in Subsection 
(1)(b)
(1)(a)(ii)
, the division shall disburse funds in the 
account only for the purpose of support or implementation of services or 
enhancements of those services in order to rapidly, efficiently, and effectively deliver 
988 services in the state.
(b)
Funds distributed from the account to county local mental health and substance 
abuse authorities for the provision of crisis services are not subject to the 20% county 
match described in Sections 
17-43-201
 and 
17-43-301
.
(c)
After consultation with the Behavioral Health Crisis Response Committee created in 
Section 
63C-18-202
, and local substance use authorities and local mental health 
authorities described in Sections 
17-43-201
 and 
17-43-301
, the division shall expend 
funds from the account on any of the following programs:
(i)
the Statewide Mental Health Crisis Line, as defined in Section 
26B-5-610
, 
including coordination with 911 emergency service, as defined in Section 
69-2-102
, 
and coordination with local substance abuse authorities as described in Section 
17-43-201
, and local mental health authorities, described in Section 
17-43-301
;
(ii)
mobile crisis outreach teams as defined in Section 
26B-5-609
, distributed in 
accordance with rules made by the division in accordance with Title 63G, Chapter 
3, Utah Administrative Rulemaking Act;
(iii)
behavioral health receiving centers as defined in Section 
26B-5-114
;
(iv)
stabilization services as described in Section 
26B-5-101
;
(v)
mental health crisis services, as defined in Section 
26B-5-101
, provided by local 
substance abuse authorities as described in Section 
17-43-201
 and local mental 
health authorities described in Section 
17-43-301
 to provide prolonged mental 
health services for up to 90 days after the day on which an individual experiences 
a mental health crisis as defined in Section 
26B-5-101
;
(vi)
crisis intervention training for first responders, as that term is defined in Section 
78B-4-501
;
(vii)
crisis worker certification training for first responders, as that term is defined in 
Section 
78B-4-501
;
(viii)
frontline support for the SafeUT Crisis Line; or
(ix)
suicide prevention gatekeeper training for first responders, as that term is defined 
in Section 
78B-4-501
.
(d)
If the Legislature appropriates money to the account for a purpose described in 
Subsection (2)(c), the division shall use the appropriation for that purpose.
(3)
Subject to appropriations by the Legislature and any contributions to the account 
described in Subsection 
(1)(b)
(1)(a)(ii)
, the division may expend funds in the account 
for administrative costs that the division incurs related to administering the account.
(4)
Notwithstanding Subsection (2)(c), allocations made to local substance use authorities 
and local mental health authorities for behavioral health receiving centers or mobile 
crisis outreach teams before the end of fiscal year 2023 shall be maintained through 
fiscal year 2027, subject to appropriation.
(5)
(a)
As used in this Subsection (5):
(i)
"Health benefit plan" means the same as that term is defined in Section 
31A-1-301
.
(ii)
"Mental health service provider" means a behavioral health receiving center or 
mobile crisis outreach team.
(b)
The department shall coordinate with each mental health service provider that 
receives state funds to determine which health benefit plans, if any, have not 
contracted or have refused to contract with the mental health service provider at usual 
and customary rates for the services provided by the mental health service provider.
(c)
In each year that the department identifies a health benefit plan that meets the 
description in Subsection (5)(b), the department shall provide a report on the 
information gathered under Subsection (5)(b) to the Health and Human Services 
Interim Committee at or before the committee's October meeting.
Section 3, Section 
26B-1-326
 is amended to read:
26B-1-326. Suicide Prevention and Education Fund.
(1)
(a)
There is created an expendable special revenue fund known as the Suicide 
Prevention and Education Fund.
(b)
The fund shall earn interest.
(c)
All interest earned on fund money shall be deposited into the fund.
(2)
The fund shall consist of
:
(a)
funds transferred from the Concealed Weapons Account in accordance with 
Subsection 
53-5-707
(5)(d)
.
; and
(b)
interest earned on fund money.
(3)
Money in the fund shall be used for suicide prevention efforts that include a focus on 
firearm safety as related to suicide prevention.
(4)
The Office of Substance Use and Mental Health shall establish a process by rule in 
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for the 
expenditure of money from the fund.
Section 4, Section 
26B-1-335
 is amended to read:
26B-1-335. Division of Services for People with Disabilities Restricted Account.
(1)
As used in this section, "account" means the Division of Services for People with 
Disabilities Restricted Account created in Subsection (2).
(2)
There is created a restricted account within the General Fund known as the "Division of 
Services for People with Disabilities Restricted Account."
(3)
The account consists of:
(a)
carry forward funds from the division's budget;
 and
(b)
unexpended balances lapsed to the account from the division's budget
.
; and
(c)
interest earned on account money.
(4)
(a)
The account shall earn interest.
(b)
All interest earned on account money shall be deposited into the account.
(5)
At the close of a fiscal year, the division may, without an appropriation, deposit into the 
account carry forward funds described in Subsection (3).
(5)
(6)
Subject to appropriation, the Department of Health and Human Services may 
expend funds from the account to serve individuals eligible for division services 
statewide.
Section 5. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
1-16-25 12:48 PM