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H.B. 271
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REPEAL OF HOSPITAL PROVIDER
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ASSESSMENT
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Margaret Dayton
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AN ACT RELATING TO HEALTH; REPEALING THE HOSPITAL PROVIDER
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ASSESSMENT; ANNUALLY APPROPRIATING $5,500,000 FROM THE TOBACCO
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SETTLEMENT ACCOUNT FOR THE CHILDREN'S HEALTH INSURANCE PROGRAM;
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AND 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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26-40-102, as enacted by Chapter 360, Laws of Utah 1998
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26-40-103, as last amended by Chapters 21 and 61, Laws of Utah 1999
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63-97-102, as enacted by Chapter 78, Laws of Utah 1999
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REPEALS:
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26-40-111, as enacted by Chapter 360, Laws of Utah 1998
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26-40-112, as last amended by Chapter 78, Laws of Utah 1999
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26-40-113, as enacted by Chapter 360, Laws of Utah 1998
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26-40-114, as enacted by Chapter 360, Laws of Utah 1998
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
26-40-102
is amended to read:
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26-40-102. Definitions.
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As used in this chapter:
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[(1) "Assessment" means the hospital provider assessment established in Section
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26-40-111
.]
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[(2)] (1) "Child" means a person who is under 19 years of age.
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[(3)] (2) "Eligible child" means a child who qualifies for enrollment in the program as
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provided in Section
26-40-105
.
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[(4)] (3) "Enrollee" means any child enrolled in the program.
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[(5) "Freestanding ambulatory surgical facility" means an urban or rural nonhospital-based
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or nonhospital-affiliated licensed facility, as defined in Section
26-21-2
, as an ambulatory surgical
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facility, with an organized professional staff that provides surgical services to patients who do not
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require an inpatient bed.]
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[(6) (a) "Hospital" means any general acute hospital, as defined in Section
26-21-2
,
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operating in this state.]
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[(b) "Hospital" does not include:]
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[(i) a residential care or treatment facility, as defined in Subsections
62A-2-101
(16), (17),
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and (19);]
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[(ii) the Utah State Hospital;]
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[(iii) any rural hospital that operates outside of a metropolitan statistical area, a
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metropolitan area, or an urbanized area as designated by the U.S. Bureau of Census; or]
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[(iv) any specialty hospital operating in this state, as defined in Section
26-21-2
, that is
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engaged exclusively in rendering psychiatric or other mental health treatment.]
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[(7) "Hospital-based ambulatory surgical facility" means an urban or rural on-hospital
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campus or hospital-affiliated licensed facility with an organized professional staff that provides
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surgical services to patients who do not require an inpatient bed.]
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[(8)] (4) "Plan" means the department's plan submitted to the United States Department
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of Health and Human Services pursuant to 42 U.S.C. Sec. 1397ff.
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[(9)] (5) "Program" means the Utah Children's Health Insurance Program created by this
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chapter.
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Section 2.
Section
26-40-103
is amended to read:
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26-40-103. Creation and administration of the Utah Children's Health Insurance
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Program.
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(1) There is created the Utah Children's Health Insurance Program to be administered by
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the department in accordance with the provisions of:
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(a) this chapter; and
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(b) the State Children's Health Insurance Program, 42 U.S.C. Sec. 1397aa et seq.
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(2) The department shall:
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(a) prepare and submit the state's children's health insurance plan before May 1, 1998, and
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any amendments to the federal Department of Health and Human Services in accordance with 42
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U.S.C. Sec. 1397ff; and
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(b) make rules in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking
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Act regarding:
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(i) eligibility requirements consistent with Subsection
26-18-3
(6);
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(ii) program benefits;
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(iii) the level of coverage for each program benefit;
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(iv) cost-sharing requirements for enrollees, which may not:
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(A) exceed the guidelines set forth in 42 U.S.C. Sec. 1397ee; or
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(B) impose deductible, copayment, or coinsurance requirements on an enrollee for
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well-child, well-baby, and immunizations; and
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(v) the administration of the program[; and].
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[(vi) the provider assessment, including:]
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[(A) the factor for the assessment;]
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[(B) the administration, collection, and enforcement of the assessment, including:]
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[(I) auditing a provider's records; and]
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[(II) imposing penalties for failure to pay the assessment as required; and]
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[(C) reducing the amount of the assessment to the extent funds are deposited into the
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Hospital Provider Assessment Account created in Section
26-40-112
as a result of private
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contributions to the program.]
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(3) Before July 1, 2001, the Governor's Office of Planning and Budget shall study the
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effectiveness of the department's administration of the program and report any findings to:
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(a) the Health and Human Services Interim Committee of the Legislature;
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(b) the Health Policy Commission; and
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(c) the department.
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Section 3.
Section
63-97-102
is amended to read:
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63-97-102. Creation of restricted account.
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(1) There is created within the General Fund a restricted account known as the Tobacco
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Settlement Account.
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(2) The account shall consist of all funds received by the state that are related to the
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settlement agreement that the state entered into with leading tobacco manufacturers on November
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23, 1998.
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(3) Funds in the account [may only be used] shall be used as follows:
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(a) the first $5,500,000 to the Department of Health for the Children's Health Insurance
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Program created in Section
26-40-103
; and
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(b) the remaining funds as directed by the Legislature through appropriation.
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Section 4. Repealer.
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This act repeals:
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Section 26-40-111, Provider assessment.
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Section 26-40-112, Hospital Provider Assessment Account.
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Section 26-40-113, Intergovernmental transfers.
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Section 26-40-114, Repeal of assessment.
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Section 5. Appropriation.
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There is appropriated $5,500,000 from the Tobacco Settlement Account within the General
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Fund for fiscal year 2000-01 to the Department of Health for the Children's Health Insurance
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Program created in Section
26-40-103
.
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Section 6. Effective date.
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This act takes effect on July 1, 2000.
Legislative Review Note
as of 1-26-00 2:36 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.