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S.B. 58
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REPEAL OF NURSING FACILITIES
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ASSESSMENT
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2001 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Peter C. Knudson
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This act repeals the Nursing Facility Assessment Act. This act appropriates for the fiscal
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year 2001-02, $1,300,000 from the Nursing Facilities Account to the University of Utah
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Health Science Center. This act makes conforming and technical amendments. This act
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coordinates appropriations. The act takes effect July 1, 2001.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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26-1-30, as last amended by Chapter 229, Laws of Utah 2000
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REPEALS:
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26-35-101, as enacted by Chapter 170, Laws of Utah 1992
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26-35-102, as enacted by Chapter 170, Laws of Utah 1992
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26-35-103, as last amended by Chapter 209, Laws of Utah 1997
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26-35-104, as last amended by Chapter 67, Laws of Utah 2000
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26-35-105, as enacted by Chapter 170, Laws of Utah 1992
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26-35-106, as enacted by Chapter 170, Laws of Utah 1992
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This act enacts uncodified material.
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
26-1-30
is amended to read:
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26-1-30. Powers and duties of department.
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(1) The department shall:
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(a) enter into cooperative agreements with the Department of Environmental Quality to
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delineate specific responsibilities to assure that assessment and management of risk to human
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health from the environment are properly administered; and
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(b) consult with the Department of Environmental Quality and enter into cooperative
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agreements, as needed, to ensure efficient use of resources and effective response to potential
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health and safety threats from the environment, and to prevent gaps in protection from potential
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risks from the environment to specific individuals or population groups.
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(2) In addition to all other powers and duties of the department, it shall have and exercise
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the following powers and duties:
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(a) promote and protect the health and wellness of the people within the state;
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(b) establish, maintain, and enforce rules necessary or desirable to carry out the provisions
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and purposes of this title to promote and protect the public health or to prevent disease and illness;
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(c) investigate and control the causes of epidemic, infectious, communicable, and other
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diseases affecting the public health;
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(d) provide for the detection, reporting, prevention, and control of communicable,
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infectious, acute, chronic, or any other disease or health hazard that the department considers to
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be dangerous, important, or likely to affect the public health;
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(e) collect and report information on causes of injury, sickness, death, and disability and
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the risk factors that contribute to the causes of injury, sickness, death, and disability within the
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state;
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(f) collect, prepare, publish, and disseminate information to inform the public concerning
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the health and wellness of the population, specific hazards, and risks that may affect the health and
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wellness of the population and specific activities which may promote and protect the health and
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wellness of the population;
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(g) establish and operate programs necessary or desirable for the promotion or protection
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of the public health and the control of disease or which may be necessary to ameliorate the major
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causes of injury, sickness, death, and disability in the state, except that the programs shall not be
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established if adequate programs exist in the private sector;
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(h) establish, maintain, and enforce isolation and quarantine, and for this purpose only,
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exercise physical control over property and individuals as the department finds necessary for the
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protection of the public health;
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(i) close theaters, schools, and other public places and forbid gatherings of people when
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necessary to protect the public health;
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(j) abate nuisances when necessary to eliminate sources of filth and infectious and
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communicable diseases affecting the public health;
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(k) make necessary sanitary and health investigations and inspections in cooperation with
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local health departments as to any matters affecting the public health;
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(l) establish laboratory services necessary to support public health programs and medical
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services in the state;
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(m) establish and enforce standards for laboratory services which are provided by any
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laboratory in the state when the purpose of the services is to protect the public health;
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(n) cooperate with the Labor Commission to conduct studies of occupational health
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hazards and occupational diseases arising in and out of employment in industry, and make
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recommendations for elimination or reduction of the hazards;
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(o) cooperate with the local health departments, the Department of Corrections, the
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Administrative Office of the Courts, the Division of Youth Corrections, and the Crime Victims
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Reparations Board to conduct testing for HIV infection of convicted sexual offenders and any
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victims of a sexual offense;
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(p) investigate the cause of maternal and infant mortality;
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(q) establish, maintain, and enforce a procedure requiring the blood of adult pedestrians
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and drivers of motor vehicles killed in highway accidents be examined for the presence and
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concentration of alcohol;
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(r) provide the commissioner of public safety with monthly statistics reflecting the results
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of the examinations provided for in Subsection (2)(q) and provide safeguards so that information
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derived from the examinations is not used for a purpose other than the compilation of statistics
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authorized in this Subsection (2)(r);
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(s) establish qualifications for individuals permitted to draw blood pursuant to Section
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41-6-44.10
, and to issue permits to individuals it finds qualified, which permits may be terminated
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or revoked by the department;
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(t) establish a uniform public health program throughout the state which includes
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continuous service, employment of qualified employees, and a basic program of disease control,
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vital and health statistics, sanitation, public health nursing, and other preventive health programs
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necessary or desirable for the protection of public health;
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(u) adopt rules and enforce minimum sanitary standards for the operation and maintenance
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of:
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(i) orphanages;
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(ii) boarding homes;
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(iii) summer camps for children;
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(iv) lodging houses;
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(v) hotels;
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(vi) restaurants and all other places where food is handled for commercial purposes, sold,
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or served to the public;
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(vii) tourist and trailer camps;
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(viii) service stations;
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(ix) public conveyances and stations;
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(x) public and private schools;
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(xi) factories;
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(xii) private sanatoria;
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(xiii) barber shops;
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(xiv) beauty shops;
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(xv) physicians' offices;
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(xvi) dentists' offices;
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(xvii) workshops;
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(xviii) industrial, labor, or construction camps;
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(xix) recreational resorts and camps;
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(xx) swimming pools, public baths, and bathing beaches;
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(xxi) state, county, or municipal institutions, including hospitals and other buildings,
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centers, and places used for public gatherings; and
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(xxii) of any other facilities in public buildings and on public grounds;
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(v) conduct health planning for the state;
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(w) monitor the costs of health care in the state and foster price competition in the health
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care delivery system;
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(x) adopt rules for the licensure of health facilities within the state pursuant to Title 26,
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Chapter 21, Health Care Facility Licensing and Inspection Act; and
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[(y) serve as the collecting agent, on behalf of the state, for the nursing facility assessment
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fee imposed under Title 26, Chapter 35, Nursing Facility Assessment Act, and the provider
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assessment imposed under Chapter 40, Utah Children's Health Insurance Act, and adopt rules for
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the enforcement and administration of the assessments consistent with Chapters 35 and 40;]
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[(z) monitor and report to the Health Policy Commission created in Title 63C, Chapter 3,
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Health Policy Commission, on the development of managed health care plans in rural areas of the
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state, including the effect of the managed health care plans on costs, access, and availability of
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providers located in the rural communities of the state; and]
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[(aa)] (y) license the provision of child care.
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Section 2. Repealer.
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This act repeals:
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Section 26-35-101, Short title.
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Section 26-35-102, Legislative findings.
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Section 26-35-103, Definitions.
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Section 26-35-104, Collection, remittance, and payment of nursing facilities
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assessment.
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Section 26-35-105, Penalties and interest.
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Section 26-35-106, Restricted account -- Creation -- Deposits.
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Section 3. Appropriation.
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(1) There is appropriated from the Nursing Facilities Account within the General Fund for
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fiscal year 2001-02, $1,300,000 of the funds remaining in the restricted account on June 30, 2001
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to the University of Utah Health Science Center.
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(2) It is the intent of the Legislature that this appropriation shall be used for expansion of
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the Area Health Education Center Program established in Section
26-9-3.
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(3) Any funds remaining in the Nursing Facilities Account after the disbursement under
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Subsection (1) on June 30, 2001 shall lapse into the General Fund.
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Section 4. Directions to Division of Finance for Appropriation.
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If this bill and S.B. 31, Area Health Education Center Amendments, both pass, it is the
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intent of the Legislature that the Division of Finance appropriate $1,300,000 from the Nursing
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Facilities Account to the University of Utah Health Service Center as provided in this bill and not
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appropriate $1,300,000 from the General Fund as provided in S.B. 31.
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Section 5. Effective date.
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This act takes effect on July 1, 2001.
Legislative Review Note
as of 12-15-00 10:26 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.