Utah 2023 Regular Session

Utah House Bill HB0437 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy H.B. 437
	1	+	H.B. 437
	2	+	LEGISLATIVE GENERAL COUNSEL
	3	+	6 Approved for Filing: C. Williams 6
	4	+	6 02-09-23 2:06 PM 6
	5	+	H.B. 437
2	6		1 HEALTH SERVICES AMENDMENTS
3	7		2 2023 GENERAL SESSION
4	8		3 STATE OF UTAH
5	9		4 Chief Sponsor: James A. Dunnigan
6		-	5 Senate Sponsor: ~~Wayne A. Harper~~
	10	+	5 Senate Sponsor: ____________
7	11		6
8	12		7LONG TITLE
9	13		8General Description:
10	14		9 This bill is related to certain health care services.
11	15		10Highlighted Provisions:
12	16		11 This bill:
13	17		12 <requires the Department of Health and Human Services to report to the Health and
14	18		13Human Services Interim Committee on tardive dyskinesia;
15	19		14 <requires the Medicaid program to reimburse for audio-only telehealth services as
16	20		15specified by division rule;
17	21		16 <requires the Department of Health and Human Services to report to the Health and
18	22		17Human Services Interim Committee on payment by the Medicaid program for
19	23		18long-acting injectable typical and atypical antipsychotics; and
20	24		19 <establishes repeal dates.
21	25		20Money Appropriated in this Bill:
22	26		21 None
23	27		22Other Special Clauses:
24	28		23 None
25	29		24Utah Code Sections Affected:
26	30		25AMENDS:
27	31		26 26-18-13.5, as last amended by Laws of Utah 2019, Chapter 249
28	32		27 63I-2-226, as last amended by Laws of Utah 2022, Chapters 255, 365
	33	+	HB0437 H.B. 437 02-09-23 2:06 PM
	34	+	- 2 -
29	35		28ENACTS:
30		-	29 26-10-16, Utah Code Annotated 1953 H.B. 437 Enrolled Copy
31		-	- 2 -
	36	+	29 26-10-16, Utah Code Annotated 1953
32	37		30 26-18-29, Utah Code Annotated 1953
33	38		31
34	39		32Be it enacted by the Legislature of the state of Utah:
35	40		33 Section 1. Section 26-10-16 is enacted to read:
36	41		34 26-10-16. Tardive dyskinesia.
37	42		35 With respect to tardive dyskinesia, the department shall report on the following to the
38	43		36Health and Human Services Interim Committee before November 1, 2023:
39	44		37 (1) resources available to help health care providers, including mental health providers,
40	45		38accurately diagnose and appropriately treat tardive dyskinesia;
41	46		39 (2) resources available to help an individual with tardive dyskinesia, and the
42	47		40individual's caregivers, respond to the functional and social challenges posed by the condition;
43	48		41 (3) options for improving screening, diagnosis, and treatment of tardive dyskinesia,
44	49		42including actions the department may take on behalf of:
45	50		43 (a) residents of the state generally;
46	51		44 (b) Medicaid program enrollees; and
47	52		45 (c) individuals receiving services under a local mental health authority, as defined in
48	53		46Section 62A-15-102; and
49	54		47 (4) the potential costs and benefits of implementing the options reported under
50	55		48Subsection (3).
51	56		49 Section 2. Section 26-18-13.5 is amended to read:
52	57		50 26-18-13.5. Reimbursement of telemedicine services, audio-only telehealth
53	58		51services and telepsychiatric consultations.
54	59		52 (1) As used in this section:
55	60		53 (a) "Telehealth services" means the same as that term is defined in Section 26-60-102.
56	61		54 (b) "Telemedicine services" means the same as that term is defined in Section
57	62		5526-60-102.
58	63		56 (c) "Telepsychiatric consultation" means a consultation between a physician and a
59		-	57board certified psychiatrist, both of whom are licensed to engage in the practice of medicine in Enrolled Copy H.B. 437
	64	+	57board certified psychiatrist, both of whom are licensed to engage in the practice of medicine in
	65	+	58the state, that utilizes: 02-09-23 2:06 PM H.B. 437
60	66		- 3 -
61		-	58the state, that utilizes:
62	67		59 (i) the health records of the patient, provided from the patient or the referring
63	68		60physician;
64	69		61 (ii) a written, evidence-based patient questionnaire; and
65	70		62 (iii) telehealth services that meet industry security and privacy standards, including
66	71		63compliance with the:
67	72		64 (A) Health Insurance Portability and Accountability Act; and
68	73		65 (B) Health Information Technology for Economic and Clinical Health Act, Pub. L. No.
69	74		66111-5, 123 Stat. 226, 467, as amended.
70	75		67 (2) This section applies to:
71	76		68 (a) a managed care organization that contracts with the Medicaid program; and
72	77		69 (b) a provider who is reimbursed for health care services under the Medicaid program.
73	78		70 (3) The Medicaid program shall reimburse for telemedicine services at the same rate
74	79		71that the Medicaid program reimburses for other health care services.
75	80		72 (4) The Medicaid program shall reimburse for audio-only telehealth services as
76		-	73specified by division rule.
	81	+	73specified by division rule
77	82		74 [(4)] (5) The Medicaid program shall reimburse for telepsychiatric consultations at a
78	83		75rate set by the Medicaid program.
79	84		76 Section 3. Section 26-18-29 is enacted to read:
80	85		77 26-18-29. Long-acting injectables.
81	86		78 (1) With respect to payments by the Medicaid program for long-acting injectable
82	87		79typical and atypical antipsychotics, the department shall report on the following to the Health
83	88		80and Human Services Interim Committee before November 1, 2023:
84	89		81 (a) options for payment, including the benefits and cost of each option; and
85	90		82 (b) whether payment should be included in a bundled payment made to a hospital.
86	91		83 (2) The department shall prepare the report with input from health care providers.
87	92		84 Section 4. Section 63I-2-226 is amended to read:
88		-	85 63I-2-226. Repeal dates: Titles 26 through 26B. H.B. 437 Enrolled Copy
89		-	- 4 -
	93	+	85 63I-2-226. Repeal dates: Titles 26 through 26B.
90	94		86 (1) Subsection 26-2-12.6(3), relating to the report for birth certificate fees, is repealed
91	95		87December 31, 2022.
92	96		88 (2) Subsection 26-7-8(3) is repealed January 1, 2027.
93		-	89 (3) Section 26-8a-107 is repealed July 1, 2024.
	97	+	89 (3) Section 26-8a-107 is repealed July 1, 2024. H.B. 437 02-09-23 2:06 PM
	98	+	- 4 -
94	99		90 (4) Subsection 26-8a-203(3)(a)(i) is repealed January 1, 2023.
95	100		91 (5) Section 26-8a-211 is repealed July 1, 2023.
96	101		92 (6) In relation to the Air Ambulance Committee, on July 1, 2024, Subsection
97	102		9326-8a-602(1)(a) is amended to read:
98	103		94 "(a) provide the patient or the patient's representative with the following information
99	104		95before contacting an air medical transport provider:
100	105		96 (i) which health insurers in the state the air medical transport provider contracts with;
101	106		97 (ii) if sufficient data is available, the average charge for air medical transport services
102	107		98for a patient who is uninsured or out of network; and
103	108		99 (iii) whether the air medical transport provider balance bills a patient for any charge not
104	109		100paid by the patient's health insurer; and".
105	110		101 (7) Section 26-10-16 is repealed July 1, 2024.
106	111		102 [(7)] (8) Subsection 26-18-2.4(3)(e) is repealed January 1, 2023.
107	112		103 (9) Section 26-18-29 is repealed July 1, 2024.
108	113		104 [(8)] (10) Subsection 26-18-411(8), related to reporting on the health coverage
109	114		105improvement program, is repealed January 1, 2023.
110	115		106 [(9)] (11) Subsection 26-18-420(5), related to reporting on coverage for in vitro
111	116		107fertilization and genetic testing, is repealed July 1, 2030.
112	117		108 [(10)] (12) In relation to the Air Ambulance Committee, July 1, 2024, Subsection
113	118		10926-21-32(1)(a) is amended to read:
114	119		110 "(a) provide the patient or the patient's representative with the following information
115	120		111before contacting an air medical transport provider:
116	121		112 (i) which health insurers in the state the air medical transport provider contracts with;
117		-	113 (ii) if sufficient data is available, the average charge for air medical transport services Enrolled Copy H.B. 437
118		-	- 5 -
	122	+	113 (ii) if sufficient data is available, the average charge for air medical transport services
119	123		114for a patient who is uninsured or out of network; and
120	124		115 (iii) whether the air medical transport provider balance bills a patient for any charge not
121	125		116paid by the patient's health insurer; and".
122	126		117 [(11)] (13) Subsection 26-33a-106.1(2)(a) is repealed January 1, 2023.
123	127		118 [(12)] (14) Title 26, Chapter 46, Utah Health Care Workforce Financial Assistance
124	128		119Program, is repealed July 1, 2027.
125		-	120 [(13)] (15) Subsection 26-61-202(4)(b) is repealed January 1, 2022.
	129	+	120 [(13)] (15) Subsection 26-61-202(4)(b) is repealed January 1, 2022. 02-09-23 2:06 PM H.B. 437
	130	+	- 5 -
126	131		121 [(14)] (16) Subsection 26-61-202(5) is repealed January 1, 2022.
127	132		122 [(15)] (17) Subsection 26B-1-204(2)(f), relating to the Air Ambulance Committee, is
128	133		123repealed July 1, 2024.