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S.B. 45
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TOBACCO SETTLEMENT ACCOUNT
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APPROPRIATION
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Robert F. Montgomery
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AN ACT RELATING TO STATE AFFAIRS IN GENERAL; REQUIRING THAT THE
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HOSPITAL PROVIDER ASSESSMENT BE REDUCED TO THE EXTENT TOBACCO
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SETTLEMENT MONIES ARE APPROPRIATED FOR THE CHILDREN'S HEALTH
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INSURANCE PROGRAM; APPROPRIATING FUNDS FROM THE TOBACCO
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SETTLEMENT ACCOUNT FOR FISCAL YEAR 2000-01; AND PROVIDING AN EFFECTIVE
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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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26-40-103, as last amended by Chapters 21 and 61, Laws of Utah 1999
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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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Be it enacted by the Legislature of the state of Utah:
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Section 1.
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;
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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] in accordance with Section
26-40-111
.
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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 2.
Section
26-40-111
is amended to read:
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26-40-111. Provider assessment.
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(1) Other than for the imposition of the assessment described in and utilized for the
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purposes of the chapter, nothing in this chapter affects the nonprofit or tax exempt status of any
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nonprofit charitable, religious, or educational health care provider under 26 U.S.C. Sec. 501(c),
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as amended, or other applicable federal law, or under any state law, or any activities of or property
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owned by any such provider with respect to exemption from ad valorem property taxes, income
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or franchise taxes, sales or use taxes, or any other taxes, fees, or assessments whatever, whether
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imposed or sought to be imposed by the state or any political subdivision, county, municipality,
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district, authority, or any agency or department thereof.
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(2) For providers subject to the assessment imposed by this chapter, and also subject to
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the corporate franchise or income tax under Title 59, Chapter 7, Corporate Franchise and Income
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Taxes, all assessments paid under this chapter shall be allowed as a deductible expense under Title
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59, Chapter 7.
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(3) Beginning on July 1, 1998, a uniform, broad-based, quarterly rate of assessment is
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imposed on each hospital, hospital-based ambulatory surgical facility, and freestanding ambulatory
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surgical facility in accordance with department rule, which assessment:
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(a) may not exceed $5,500,000 in the aggregate in any fiscal year; and
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(b) shall be reduced [to the extent that funds are deposited into the Hospital Provider
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Assessment Account created in Section
26-40-112
as a result of private contributions to the
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program. (4) A reduction in assessment that occurs as a result of Subsection (3)(b) shall apply to
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as many subsequent fiscal years as is possible based on the total amount of funds deposited into
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the restricted account.] each fiscal year by the amount of funds that are:
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(i) appropriated to the department to reduce the assessment for that fiscal year; and
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(ii) available in the Hospital Provider Assessment Account at the start of the fiscal year
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to fund the program.
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(4) The department may not impose the assessment in any fiscal year in which the amount
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of the assessment has been reduced to zero as a result of Subsection (3)(b).
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(5) The department shall forward proceeds from the assessment imposed by this chapter
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to the state treasurer for deposit into the Hospital Provider Assessment Account created in Section
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26-40-112
.
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Section 3.
Section
26-40-112
is amended to read:
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26-40-112. Hospital Provider Assessment Account.
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(1) There is created within the General Fund a restricted account known as the "Hospital
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Provider Assessment Account."
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(2) The account shall be nonlapsing and consist of:
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(a) proceeds from the assessment imposed in accordance with Section
26-40-111
;
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(b) funds transferred from the Medicaid Hospital Provider Temporary Assessment
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Account;
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(c) private contributions; [and]
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(d) interest earned on monies in the account[.]; and
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(e) funds that are appropriated to the account from the Tobacco Settlement Account
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established in Section
63-97-102
.
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(3) Funds in the account shall be appropriated by the Legislature to fund:
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(a) the program; and
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(b) if funds remain after Subsection (3)(a), the Medicaid program.
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(4) No more than $5,500,000 may be appropriated from the account in any fiscal year.
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(5) Any funds remaining in the account at the end of a fiscal year shall be used to reduce
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the next fiscal year's provider assessment in the manner provided for in Section
26-40-111
.
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Section 4. Appropriation.
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(1) There is appropriated for fiscal year 2000-01 from the Tobacco Settlement Account
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within the General Fund:
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(a) $5,500,000 to the Department of Heath for the Children's Health Insurance Program
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and the reduction of the provider assessment established in Section
26-40-111
to zero for fiscal
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year 2000-01;
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(b) $4,100,000 to the Department of Health for tobacco prevention, reduction, and control
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programs;
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(c) $650,000 to the Administrative Office of the Courts and $4,350,000 to the Department
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of Human Services for the statewide expansion of the drug court and tobacco court programs; and
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(d) $160,000 to the Department of Corrections, $80,000 to the Board of Pardons and
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Parole, and $560,000 to the Department of Human Services for the creation and operation of a
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Drug Board Pilot Program for substance abuse offenders in the Ogden and Farmington Regions
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of Adult Probation and Parole.
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(2) Nothing in this section may be construed as restricting the ability of the Legislature to
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appropriate for fiscal year 2000-01:
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(a) any amount remaining in the Tobacco Settlement Account following the appropriation
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required by Subsection (1); or
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(b) any amount anticipated to be received in tobacco settlement monies during fiscal year
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2000-01.
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Section 5. Effective date.
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This act takes effect on July 1, 2000.
Legislative Review Note
as of 12-13-99 3:10 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.