Download Zipped Introduced WP 8.0 SB0015.ZIP 9,000 Bytes
[Status][Bill Documents][Fiscal Note][Bills Directory]
S.B. 15
1
USE OF TOBACCO SETTLEMENT REVENUES
2
2000 GENERAL SESSION
3
STATE OF UTAH
4
Sponsor: L. Steven Poulton
5
AN ACT RELATING TO STATE AFFAIRS IN GENERAL; REQUIRING THAT TOBACCO
6
SETTLEMENT FUNDS BE ALLOCATED IN THE FOLLOWING ORDER: $5,500,000 FOR
7
THE CHILDREN'S HEALTH INSURANCE PROGRAM, $10,000,0000 FOR TOBACCO
8
PREVENTION, $5,000,000 TO THE STATE BOARD OF REGENTS FOR THE HUNTSMAN
9
CANCER INSTITUTE, AND THE REMAINDER TO THE PERMANENT STATE SCHOOL
10
FUND; DIRECTING THE APPROPRIATION OF FUNDS FOR FISCAL YEAR 2000-01;
11
REPEALING THE HOSPITAL PROVIDER ASSESSMENT; AND PROVIDING AN
12
EFFECTIVE DATE.
13
This act affects sections of Utah Code Annotated 1953 as follows:
14
AMENDS:
15
26-40-102, as enacted by Chapter 360, Laws of Utah 1998
16
26-40-103, as last amended by Chapters 21 and 61, Laws of Utah 1999
17
63-97-102, as enacted by Chapter 78, Laws of Utah 1999
18
REPEALS:
19
26-40-111, as enacted by Chapter 360, Laws of Utah 1998
20
26-40-112, as last amended by Chapter 78, Laws of Utah 1999
21
26-40-113, as enacted by Chapter 360, Laws of Utah 1998
22
26-40-114, as enacted by Chapter 360, Laws of Utah 1998
23
Be it enacted by the Legislature of the state of Utah:
24
Section 1.
Section
26-40-102
is amended to read:
25
26-40-102. Definitions.
26
As used in this chapter:
27
[(1) "Assessment" means the hospital provider assessment established in Section
28
26-40-111
.]
29
[(2)] (1) "Child" means a person who is under 19 years of age.
30
[(3)] (2) "Eligible child" means a child who qualifies for enrollment in the program as
31
provided in Section
26-40-105
.
32
[(4)] (3) "Enrollee" means any child enrolled in the program.
33
[(5) "Freestanding ambulatory surgical facility" means an urban or rural nonhospital-based
34
or nonhospital-affiliated licensed facility, as defined in Section
26-21-2
, as an ambulatory surgical
35
facility, with an organized professional staff that provides surgical services to patients who do not
36
require an inpatient bed.]
37
[(6) (a) "Hospital" means any general acute hospital, as defined in Section
26-21-2
,
38
operating in this state.]
39
[(b) "Hospital" does not include:]
40
[(i) a residential care or treatment facility, as defined in Subsections
62A-2-101
(16), (17),
41
and (19);]
42
[(ii) the Utah State Hospital;]
43
[(iii) any rural hospital that operates outside of a metropolitan statistical area, a
44
metropolitan area, or an urbanized area as designated by the U.S. Bureau of Census; or]
45
[(iv) any specialty hospital operating in this state, as defined in Section
26-21-2
, that is
46
engaged exclusively in rendering psychiatric or other mental health treatment.]
47
[(7) "Hospital-based ambulatory surgical facility" means an urban or rural on-hospital
48
campus or hospital-affiliated licensed facility with an organized professional staff that provides
49
surgical services to patients who do not require an inpatient bed.]
50
[(8)] (4) "Plan" means the department's plan submitted to the United States Department
51
of Health and Human Services pursuant to 42 U.S.C. Sec. 1397ff.
52
[(9)] (5) "Program" means the Utah Children's Health Insurance Program created by this
53
chapter.
54
Section 2.
Section
26-40-103
is amended to read:
55
26-40-103. Creation and administration of the Utah Children's Health Insurance
56
Program.
57
(1) There is created the Utah Children's Health Insurance Program to be administered by
58
the department in accordance with the provisions of:
59
(a) this chapter; and
60
(b) the State Children's Health Insurance Program, 42 U.S.C. Sec. 1397aa et seq.
61
(2) The department shall:
62
(a) prepare and submit the state's children's health insurance plan before May 1, 1998, and
63
any amendments to the federal Department of Health and Human Services in accordance with 42
64
U.S.C. Sec. 1397ff; and
65
(b) make rules in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking
66
Act regarding:
67
(i) eligibility requirements consistent with Subsection
26-18-3
(6);
68
(ii) program benefits;
69
(iii) the level of coverage for each program benefit;
70
(iv) cost-sharing requirements for enrollees, which may not:
71
(A) exceed the guidelines set forth in 42 U.S.C. Sec. 1397ee; or
72
(B) impose deductible, copayment, or coinsurance requirements on an enrollee for
73
well-child, well-baby, and immunizations; and
74
(v) the administration of the program[; and].
75
[(vi) the provider assessment, including:]
76
[(A) the factor for the assessment;]
77
[(B) the administration, collection, and enforcement of the assessment, including:]
78
[(I) auditing a provider's records; and]
79
[(II) imposing penalties for failure to pay the assessment as required; and]
80
[(C) reducing the amount of the assessment to the extent funds are deposited into the
81
Hospital Provider Assessment Account created in Section
26-40-112
as a result of private
82
contributions to the program.]
83
(3) Before July 1, 2001, the Governor's Office of Planning and Budget shall study the
84
effectiveness of the department's administration of the program and report any findings to:
85
(a) the Health and Human Services Interim Committee of the Legislature;
86
(b) the Health Policy Commission; and
87
(c) the department.
88
Section 3.
Section
63-97-102
is amended to read:
89
63-97-102. Creation of restricted account.
90
(1) There is created within the General Fund a restricted account known as the Tobacco
91
Settlement Account.
92
(2) The account shall earn interest.
93
[(2)] (3) The account shall consist of:
94
(a) all funds received by the state that are related to the settlement agreement that the state
95
entered into with leading tobacco manufacturers on November 23, 1998[. (3) Funds in the
96
account may only be used as directed by the Legislature through appropriation.]; and
97
(b) interest earned on the account.
98
(4) To the extent that funds are available for appropriation in a given fiscal year, those
99
funds shall be appropriated from the account in the following order:
100
(a) $5,500,000 to the Department of Health for the Children's Health Insurance Program
101
created in Section
26-40-103
;
102
(b) $10,000,000 to the Department of Health for tobacco prevention, reduction, and control
103
programs that promote a unified message and make use of media outlets;
104
(c) $5,000,000 to the State Board of Regents to be appropriated to the Huntsman Cancer
105
Institute to benefit the health and well-being of Utah citizens through in-state research, treatment,
106
and educational activities; and
107
(d) any amount remaining after Subsection (4)(a) and (b) to the permanent State School
108
Fund created by and operated under Utah Constitution Article X, Section 5.
109
Section 4. Repealer.
110
This act repeals:
111
Section 26-40-111, Provider assessment.
112
Section 26-40-112, Hospital Provider Assessment Account.
113
Section 26-40-113, Intergovernmental transfers.
114
Section 26-40-114, Repeal of assessment.
115
Section 5. Appropriation.
116
(1) All tobacco settlement funds that are available for appropriation in fiscal year 2000-01,
117
regardless of the specific date on which they are received, shall be appropriated in the following
118
order:
119
(a) $5,500,000 to the Department of Health for the Children's Health Insurance Program;
120
(b) $10,000,000 to the Department of Health for tobacco prevention, reduction, and control
121
programs as described in Section
63-97-102
;
122
(c) $5,000,000 to the State Board of Regents to be appropriated to the Huntsman Cancer
123
Institute as provided in Section
63-97-102
; and
124
(d) all remaining amounts to the permanent State School Fund created by and operated
125
under Utah Constitution Article X, Section 5.
126
(2) Any funds remaining in the Hospital Providers Assessment Account as of June 30,
127
2000, shall lapse into the General Fund.
128
Section 6. Effective date.
129
This act takes effect on July 1, 2000.
Legislative Review Note
as of 12-13-99 3:28 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.