02-21 12:57 1st Sub. (Buff) H.B. 152
Katy Hall proposes the following substitute bill:
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Health Care Facilities Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Katy Hall
Senate Sponsor: Keith Grover
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LONG TITLE
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General Description:
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This bill addresses satellite emergency departments.
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Highlighted Provisions:
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This bill:
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▸ defines terms;
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▸ establishes requirements for certain satellite emergency departments; and
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▸ limits the number of satellite emergency departments that a health care organization may
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operate.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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26B-2-203, as renumbered and amended by Laws of Utah 2023, Chapter 305
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 26B-2-203 is amended to read:
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26B-2-203 . Services required -- General acute hospitals -- Specialty hospitals --
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Home health agencies -- Satellite emergency departments.
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(1) As used in this section:
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(a) "Satellite emergency department" means a satellite operation that:
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(i) provides emergency care or critical care; or
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(ii) holds itself out as providing emergency care or critical care.
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(b) "Satellite operation" means a health care treatment facility that:
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(i) is operated or administered by a parent hospital, within the scope of the license
1st Sub. H.B. 152 1st Sub. (Buff) H.B. 152 02-21 12:57
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under which the parent hospital operates;
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(ii) is located farther than 250 yards from the parent hospital's campus, including
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areas determined by the department to be part of the parent hospital's campus;
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(iii) is not subject to licensure under this part; and
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(iv) complies with this chapter and any applicable rules the department adopts in
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accordance with Subsection (9).
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[(1)] (2) General acute hospitals and specialty hospitals shall remain open and be
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continuously ready to receive patients 24 hours of every day in a year and have an
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attending medical staff consisting of one or more physicians licensed to practice
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medicine and surgery under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58,
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Chapter 68, Utah Osteopathic Medical Practice Act.
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[(2)] (3) A specialty hospital shall provide on-site all basic services required of a general
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acute hospital that are needed for the diagnosis, therapy, or rehabilitation offered to or
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required by patients admitted to or cared for in the facility.
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[(3)] (4)(a) A home health agency shall provide at least licensed nursing services or
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therapeutic services directly through the agency employees.
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(b) A home health agency may provide additional services itself or under arrangements
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with another agency, organization, facility, or individual.
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[(4)] (5) Beginning January 1, 2023, a hospice program shall provide at least one qualified
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medical provider, as that term is defined in Section 26B-4-201, for the treatment of
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hospice patients.
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(6)(a) A satellite emergency department located in a county of the first or second class
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shall have available on-site, during operating hours, at minimum:
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(i) the equipment and personnel to conduct and use:
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(A) CT scans;
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(B) x-rays; and
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(C) clinical laboratory tests and analyses that are customarily used on-site in
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emergency medical settings, meeting the standards of care for scope,
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timeliness, and accuracy that apply in hospital-based emergency departments.
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(ii) a physician who is licensed under Title 58, Chapter 67, Utah Medical Practice
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Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, and:
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(A) is board certified or board eligible in emergency medicine; or
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(B) has at least 10 years experience providing emergency medical services;
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(iii) two registered nurses who:
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(A) are licensed under Title 58, Chapter 31b, Nurse Practice Act; and
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(B) have specialized training providing emergency medical services;
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(iv) a staff member who:
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(A) is specifically trained, certified, or licensed in respiratory care, sufficient to
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support the needs of patients in a timely and appropriate manner, as determined
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by the satellite emergency department's clinical protocols;
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(B) completes annual training and education in emergency respiratory care; and
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(C) is in addition to the physician and nurses under Subsections (6)(a)(ii) and (iii);
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(v) a certified Ŝ→ or board-eligible ←Ŝ medical laboratory scientist or Ŝ→ [a
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certified medical laboratory
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] ←Ŝ technologist who is capable of conducting the laboratory tests and analyses
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described in Subsection (6)(a)(i)(C);
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(vi) security personnel capable of maintaining the personal safety of patients and
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providers; and
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(vii) two units of packed red blood cells suitable for emergency use.
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(b) A satellite emergency department located in a county of the first or second class shall
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have available, on-site or on-call to be physically present at the satellite emergency
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department, during operating hours, at minimum, a certified sonogropher and the
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equipment to conduct and use an ultrasound.
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(c) A satellite emergency department shall:
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(i) clearly identify itself as an emergency department, using, at minimum,
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prominently lighted external signage that includes the word "EMERGENCY" or
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"ER" in conjunction with the name of the satellite emergency department's parent
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hospital; and
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(ii) prominently display, at locations that are readily accessible to and visible by
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patients outside the entrance to the satellite emergency department and in patient
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waiting areas, signage that:
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(A) states "THIS IS AN EMERGENCY DEPARTMENT"; and
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(B) unless the satellite emergency department shares a premises and a public
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entrance with an urgent care center, "THIS IS NOT AN URGENT CARE
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CENTER. EMERGENCY DEPARTMENT RATES ARE BILLED FOR
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SERVICES."
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(d)(i) A satellite emergency department may not hold itself out to the public as an
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urgent care center.
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(ii) Notwithstanding Subsection (6)(d)(i), if a satellite emergency department is
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located on the same premises as an urgent care center, the signage may also
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identify the urgent care center.
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(7) A satellite emergency department that fails to meet a requirement of Subsections (6)(a)
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through (d) may not hold itself out as providing critical or emergency care.
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(8) A health care organization may not operate a higher number of satellite emergency
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departments than two times the number of hospital emergency departments the health
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care organization operates in the state.
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(9) The department shall:
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(a) adopt and enforce rules, in accordance with Title 63G, Chapter 3, Utah
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Administrative Rulemaking Act, to establish the process and applicable fees for
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initial and renewal applications to operate a satellite emergency department;
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(b) assess and collect the application and renewal fees described in Subsection (9)(a); and
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(c) deposit any fees collected under Subsection (9)(b) into the General Fund, as a
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dedicated credit, to be used solely to pay for or offset the department's costs incurred
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to perform the duties under this Subsection (9).
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Section 2. Effective Date.
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This bill takes effect on May 7, 2025.
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