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H.B. 72
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UTAH TELEHEALTH COMMISSION
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: David L. Hogue
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AN ACT RELATING TO HEALTH; DEFINING TERMS; ESTABLISHING THE UTAH
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TELEHEALTH COMMISSION; ESTABLISHING THE DUTIES AND RESPONSIBILITIES OF
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THE COMMISSION; EXTENDING RULEMAKING AUTHORITY; PERMITTING THE
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COMMISSION TO ESTABLISH VOLUNTARY TELEHEALTH NETWORKS AND RELATED
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USER FEES; PERMITTING THE COMMISSION TO ESTABLISH A TELEHEALTH GRANT
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PROGRAM; MAKING CONFORMING AMENDMENTS; CLARIFYING THE USE OF
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DEPARTMENT APPROPRIATIONS FOR TELEHEALTH IN FISCAL YEAR 2000-01; AND
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PROVIDING AN EFFECTIVE DATE.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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26-1-5, as enacted by Chapter 126, Laws of Utah 1981
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26-1-7, as last amended by Chapter 345, Laws of Utah 1996
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26-1-7.1, as enacted by Chapter 161, Laws of Utah 1987
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ENACTS:
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26-9f-101, Utah Code Annotated 1953
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26-9f-102, Utah Code Annotated 1953
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26-9f-103, Utah Code Annotated 1953
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26-9f-104, Utah Code Annotated 1953
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26-9f-105, Utah Code Annotated 1953
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26-9f-106, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
26-1-5
is amended to read:
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26-1-5. Rules of department.
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(1) Except in areas regulated by statutory committees or commissions created by this title,
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the department shall have the power to adopt, amend, or rescind rules necessary to carry out the
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provisions of this title.
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(2) Rules shall have the force and effect of law and may deal with matters which materially
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affect the security of health or the preservation and improvement of public health in the state, and
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any matters as to which jurisdiction is conferred upon the department by this title.
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(3) Every rule adopted by the department pursuant to this section, or a committee or
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commission established under Section
26-1-7
or
26-1-7.5
, shall be subject to the Utah
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Administrative Rulemaking Act, shall become effective at the time provided in the Utah
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Administrative Rulemaking Act, and shall be signed by the executive director.
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(4) At the time a rule adopted by the department or a committee or commission established
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by Section
26-1-7
or
26-1-7.5
, is filed with the state archivist it shall also be filed with the
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legislative research director.
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(5) If, at the next general session of the Legislature following the filing of a rule with the
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legislative research director, the Legislature passes a bill disapproving such rule, the rule shall be
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null and void.
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(6) The department or a committee or commission created under Section
26-1-7
or
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26-1-7.5
, shall not adopt a rule identical to a rule disapproved under Subsection (5) of this section,
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before the beginning of the next general session of the Legislature following the general session
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at which the rule was disapproved.
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Section 2.
Section
26-1-7
is amended to read:
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26-1-7. Committees and commissions within department.
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(1) There are created within the department the following committees:
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[(1)] (a) Health Facility Committee;
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[(2)] (b) State Emergency Medical Services Committee;
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[(3)] (c) Rural Medical Financial Assistance Committee;
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[(4)] (d) Nurse Financial Assistance Committee;
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[(5)] (e) Health Data Committee; and
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[(6)] (f) Special Population Health Care Provider Financial Assistance Committee.
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(2) As provided in Section
26-9f-103
, there is created within the department the Utah
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Telehealth Commission.
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Section 3.
Section
26-1-7.1
is amended to read:
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26-1-7.1. Adjudicative proceedings.
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All committees and commissions created by Section
26-1-7
shall comply with the
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procedures and requirements of Title 63, Chapter 46b, Administrative Procedures Act, in their
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adjudicative proceedings.
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Section 4.
Section
26-9f-101
is enacted to read:
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CHAPTER 9f. UTAH TELEHEALTH COMMISSION ACT
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26-9f-101. Title.
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This chapter is known as the "Utah Telehealth Commission Act."
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Section 5.
Section
26-9f-102
is enacted to read:
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26-9f-102. Definitions.
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As used in this chapter:
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(1) "Commission" means the Utah Telehealth Commission created in Section
26-9f-103
.
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(2) "Telehealth" means the electronic transfer or exchange of medically related data for
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diagnosis, treatment, consultation, educational, or other related purposes.
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Section 6.
Section
26-9f-103
is enacted to read:
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26-9f-103. Telehealth Commission.
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(1) There is created within the department the Utah Telehealth Commission.
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(2) The governor shall appoint 11 members to the commission with the consent of the
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Senate, as follows:
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(a) a physician who is involved in telehealth;
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(b) a representative of a licensed health care facility as defined in Section
26-21-2
;
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(c) a representative of rural Utah, which may be a person nominated by an advisory
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committee on rural health issues created pursuant to Section
26-1-20
;
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(d) a member of the public who is not involved with telehealth; and
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(e) seven members:
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(i) selected from a list of three nominees for each open position submitted by the division
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over health systems improvement; and
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(ii) who fall into one or more of the following categories:
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(A) individuals who use telehealth in a public or private institution;
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(B) individuals who use telehealth in serving medically underserved populations;
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(C) nonphysician health care providers involved in telehealth;
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(D) information technology professionals involved in telehealth;
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(E) representatives of the health insurance industry; and
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(F) telehealth consumer advocates.
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(3) (a) The commission shall annually elect a chairperson from its membership.
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(b) The commission shall hold meetings at least once every three months. Meetings may
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be held from time to time on the call of the chair or a majority of the board members.
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(c) Five commission members are necessary to constitute a quorum at any meeting and,
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if a quorum exists, the action of a majority of members present shall be the action of the
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commission.
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(4) (a) Except as provided in Subsection (4)(b), a commission member shall be appointed
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for a three-year term and eligible for two reappointments.
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(b) Notwithstanding Subsection (4)(a), the governor shall, at the time of appointment or
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reappointment, adjust the length of terms to ensure that the terms of commission members are
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staggered so that approximately 1/3 of the commission is appointed each year.
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(c) A commission member shall continue in office until the expiration of the member's
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term and until a successor is appointed, which may not exceed 90 days after the formal expiration
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of the term.
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(d) Notwithstanding Subsection (4)(c), a commission member who fails to attend 75% of
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the scheduled meetings in a calendar year shall be disqualified from serving.
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(e) When a vacancy occurs in membership for any reason, the replacement shall be
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appointed for the unexpired term.
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(5) (a) Board members who are not government employees may not receive compensation
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or benefits for the services, but may receive per diem and expenses incurred in the performance
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of their official duties at rates established by the Division of Finance under Sections
63A-3-106
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and
63A-3-107
.
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(b) Board members who are government employees but do not receive salary, per diem,
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or expenses from their employing unit for service to the commission may receive per diem and
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expenses incurred in the performance of official commission duties at rates established by the
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Division of Finance under Sections
63A-3-106
and
63A-3-107
.
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(c) A commission member may decline to receive per diem and expenses for service to
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the commission.
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(6) The department shall provide staff support to the commission.
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(7) (a) The funding of the commission shall be a separate line item to the department in
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the annual appropriations act.
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(b) Section
26-9f-106
shall govern the funding of the commission's grant program.
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Section 7.
Section
26-9f-104
is enacted to read:
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26-9f-104. Duties and responsibilities.
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The commission shall:
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(1) establish and implement the telehealth policy of the department;
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(2) advise and make recommendations on telehealth issues to the Information Technology
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Commission and other state entities;
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(3) provide state oversight and regulation under the direction of the executive director as
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a means of facilitating coordinated telehealth systems that request such oversight;
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(4) promote collaborative efforts to establish technical compatibility, uniform policies, and
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privacy features to meet legal, financial, commercial, and other societal requirements;
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(5) serve as a clearinghouse on emerging telehealth technologies;
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(6) identify, address, and seek to resolve the legal, ethical, regulatory, financial, medical,
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and technological issues that may serve as barriers to telehealth;
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(7) explore and encourage the development of telehealth systems as a means of reducing
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health costs and increasing health care quality and access;
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(8) seek public input on telehealth issues;
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(9) educate the public, state officials, and the health care community on telehealth issues;
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(10) advise the governor and Legislature on:
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(a) the role of telehealth in the state;
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(b) the policy issues related to telehealth;
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(c) the changing telehealth needs and resources in the state; and
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(d) state budgetary matters related to telehealth; and
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(11) adopt rules, pursuant to Section
26-1-5
, as may be necessary to:
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(a) carry out the duties and responsibilities specified in this section; and
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(b) exercise the authority granted under Sections
26-9f-105
and
26-9f-106
.
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Section 8.
Section
26-9f-105
is enacted to read:
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26-9f-105. Commission-sponsored telehealth networks.
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The commission may:
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(1) establish one or more voluntary telehealth networks;
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(2) establish standards for persons participating in a commission-sponsored telehealth
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network; and
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(3) establish fees for participants and users in accordance with Section
26-1-6
to operate
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a commission-sponsored telehealth network.
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Section 9.
Section
26-9f-106
is enacted to read:
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26-9f-106. Telehealth grants.
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(1) To enhance the quality of and access to telehealth systems, the commission may create
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and administer a program to distribute telehealth grants.
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(2) In connection with the telehealth grant program, the commission shall:
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(a) establish criteria and objectives for grants in rule;
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(b) establish priorities for the development of telehealth services throughout the state;
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(c) award grants in accordance with the criteria and objectives in Subsection (2)(a) and
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within available funding; and
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(d) seek appropriations, gifts, grants, contributions, and other financial resources to fund
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the telehealth grant program.
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(3) (a) The funding for the telehealth grant program shall be a separate line item to the
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department in the annual appropriations act, and unless otherwise provided in an appropriations
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act, is nonlapsing.
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(b) Funding shall include:
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(i) appropriations from the General Fund; and
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(ii) federal funds, gifts, grants, contributions, and other financial resources for the program.
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Section 10. Appropriation.
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Any funds appropriated for fiscal year 2000-01 to the Department of Health for telehealth
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shall be used in accordance with, and in furtherance of, this act.
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Section 11. Effective date.
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This act takes effect on July 1, 2000.
Legislative Review Note
as of 1-18-00 7:08 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.