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