Utah 2023 Regular Session

Utah House Bill HB0252 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	H.B. 252
2	2	LEGISLATIVE GENERAL COUNSEL
3	3	6 Approved for Filing: A. Houston 6
4	4	6 01-19-23 4:34 PM 6
5	5	H.B. 252
6	6	1 DISABILITY COVERAGE AMENDMENTS
7	7	2 2023 GENERAL SESSION
8	8	3 STATE OF UTAH
9	9	4 Chief Sponsor: Jennifer Dailey-Provost
10	10	5 Senate Sponsor: ____________
11	11	6
12	12	7LONG TITLE
13	13	8General Description:
14	14	9 This bill amends the Medical Assistance Act.
15	15	10Highlighted Provisions:
16	16	11 This bill:
17	17	12 <defines terms;
18	18	13 <requires the Department of Health and Human Services (department) to apply for a
19	19	14Medicaid waiver or state plan amendment to provide wraparound services to
20	20	15qualified individuals with a disability;
21	21	16 <requires qualified individuals who receive services under the waiver or state plan
22	22	17amendment to make cost sharing payments according to a sliding scale established
23	23	18by the department;
24	24	19 <specifies certain percentages and maximum payment amounts for the sliding scale
25	25	20established by the department; and
26	26	21 <requires the department to make rules.
27	27	22Money Appropriated in this Bill:
28	28	23 None
29	29	24Other Special Clauses:
30	30	25 None
31	31	26Utah Code Sections Affected:
32	32	27ENACTS:
33	33	HB0252 H.B. 252 01-19-23 4:34 PM
34	34	- 2 -
35	35	28 26-18-430, Utah Code Annotated 1953
36	36	29
37	37	30Be it enacted by the Legislature of the state of Utah:
38	38	31 Section 1. Section 26-18-430 is enacted to read:
39	39	32 26-18-430. Wraparound services for qualified individuals with a disability.
40	40	33 (1) As used in this section:
41	41	34 (a) "Federal poverty level" means the same as that term is described in Section
42	42	3526-18-411.
43	43	36 (b) "Minimum essential coverage" means the same as that term is defined in 26 U.S.C.
44	44	37Sec. 5000A.
45	45	38 (c) "Qualified individual" means an individual who:
46	46	39 (i) is a disabled individual as described in 42 U.S.C. Sec. 1382c;
47	47	40 (ii) within the past 12 months has been enrolled in the state Medicaid program;
48	48	41 (iii) is enrolled in minimum essential coverage other than the Medicaid program;
49	49	42 (iv) except as provided in Subsections (1)(c)(v) and (vi), does not meet the income or
50	50	43asset requirements for enrollment in the state Medicaid program;
51	51	44 (v) has a household income that is between 250% and 500% of the federal poverty
52	52	45level; and
53	53	46 (vi) has assets, excluding one home and one automobile, that are valued at less than
54	54	47$150,000.
55	55	48 (d) "Wraparound services" means services and benefits that:
56	56	49 (i) are covered by the Medicaid program; and
57	57	50 (ii) are not covered by the minimum essential coverage described in Subsection
58	58	51(1)(c)(iii).
59	59	52 (2) Before July 1, 2023, the department shall apply for a Medicaid waiver with CMS to
60	60	53provide wraparound services to qualified individuals:
61	61	54 (a) as state funding permits; and
62	62	55 (b) in a manner that requires qualified individuals to make cost sharing payments
63	63	56according to the sliding scale described in Subsection (3).
64	64	57 (3) (a) The department shall establish a sliding scale for services received under this
65	65	58section that: 01-19-23 4:34 PM H.B. 252
66	66	- 3 -
67	67	59 (i) is based on household income; and
68	68	60 (ii) is used to determine the percentage of the cost of a wraparound service that a
69	69	61qualified individual is required to pay.
70	70	62 (b) The percentage of the cost of a wraparound service that a qualified individual is
71	71	63required to pay:
72	72	64 (i) may not be less than 100% for a qualified individual with a household income
73	73	65greater than $125,000; and
74	74	66 (ii) for a qualified individual with a household income less than or equal to $125,000,
75	75	67shall be determined according to income categories established by the department as provided
76	76	68in Subsection (4).
77	77	69 (c) Notwithstanding Subsection (3)(b), the amount paid by a qualified individual under
78	78	70Subsection (3)(b) may not exceed:
79	79	71 (i) $2,900 per month for a qualified individual with a household income greater than
80	80	72$125,000; and
81	81	73 (ii) for a qualified individual with a household income less than or equal to $125,000,
82	82	74an amount determined according to income categories established by the department as
83	83	75provided in Subsection (4).
84	84	76 (d) The department shall credit the amount of premium payments that a qualified
85	85	77individual makes for minimum essential coverage other than Medicaid toward the amount that
86	86	78a qualified individual is required to pay for wraparound services under this section.
87	87	79 (4) The department shall make rules in accordance with Title 63G, Chapter 3, Utah
88	88	80Administrative Rulemaking Act, to:
89	89	81 (a) establish the income categories, percentages, and maximum payment amounts
90	90	82described in Subsection (3); and
91	91	83 (b) provide continuous enrollment for 12 months for a qualified individual who
92	92	84receives wraparound services in accordance with this section.
93	93	85 (5) If a waiver or state plan amendment described in Subsection (2) is approved, the
94	94	86department shall provide wraparound services in accordance with this section.