Utah 2025 Regular Session

Utah House Bill HB0152 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy H.B. 152
	1	+	02-21 12:57 1st Sub. (Buff) H.B. 152
	2	+	Katy Hall proposes the following substitute bill:
2	3		1
3	4		Health Care Facilities Amendments
4	5		2025 GENERAL SESSION
5	6		STATE OF UTAH
6	7		Chief Sponsor: Katy Hall
7	8		Senate Sponsor: Keith Grover
8	9		2
9	10
10	11		3
11	12		LONG TITLE
12	13		4
13	14		General Description:
14	15		5
15	16		This bill addresses satellite emergency departments.
16	17		6
17	18		Highlighted Provisions:
18	19		7
19	20		This bill:
20	21		8
21	22		▸ defines terms;
22	23		9
23	24		▸ establishes requirements for certain satellite emergency departments; and
24	25		10
25	26		▸ limits the number of satellite emergency departments that a health care organization may
26	27		11
27	28		operate.
28	29		12
29	30		Money Appropriated in this Bill:
30	31		13
31	32		None
32	33		14
33	34		Other Special Clauses:
34	35		15
35	36		None
36	37		16
37	38		Utah Code Sections Affected:
38	39		17
39	40		AMENDS:
40	41		18
41	42		26B-2-203, as renumbered and amended by Laws of Utah 2023, Chapter 305
42	43		19
43	44
44	45		20
45	46		Be it enacted by the Legislature of the state of Utah:
46	47		21
47	48		Section 1. Section 26B-2-203 is amended to read:
48	49		22
49	50		26B-2-203 . Services required -- General acute hospitals -- Specialty hospitals --
50	51		23
51	52		Home health agencies -- Satellite emergency departments.
52	53		24
53	54		(1) As used in this section:
54	55		25
55	56		(a) "Satellite emergency department" means a satellite operation that:
56	57		26
57	58		(i) provides emergency care or critical care; or
58	59		27
59	60		(ii) holds itself out as providing emergency care or critical care.
60	61		28
61		-	(b) "Satellite operation" means a health care treatment facility that: ~~H.B. 152 Enrolled Copy~~
	62	+	(b) "Satellite operation" means a health care treatment facility that:
62	63		29
63	64		(i) is operated or administered by a parent hospital, within the scope of the license
	65	+	1st Sub. H.B. 152 1st Sub. (Buff) H.B. 152 02-21 12:57
64	66		30
65	67		under which the parent hospital operates;
66	68		31
67	69		(ii) is located farther than 250 yards from the parent hospital's campus, including
68	70		32
69	71		areas determined by the department to be part of the parent hospital's campus;
70	72		33
71	73		(iii) is not subject to licensure under this part; and
72	74		34
73	75		(iv) complies with this chapter and any applicable rules the department adopts in
74	76		35
75	77		accordance with Subsection (9).
76	78		36
77	79		[(1)] (2) General acute hospitals and specialty hospitals shall remain open and be
78	80		37
79	81		continuously ready to receive patients 24 hours of every day in a year and have an
80	82		38
81	83		attending medical staff consisting of one or more physicians licensed to practice
82	84		39
83	85		medicine and surgery under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58,
84	86		40
85	87		Chapter 68, Utah Osteopathic Medical Practice Act.
86	88		41
87	89		[(2)] (3) A specialty hospital shall provide on-site all basic services required of a general
88	90		42
89	91		acute hospital that are needed for the diagnosis, therapy, or rehabilitation offered to or
90	92		43
91	93		required by patients admitted to or cared for in the facility.
92	94		44
93	95		[(3)] (4)(a) A home health agency shall provide at least licensed nursing services or
94	96		45
95	97		therapeutic services directly through the agency employees.
96	98		46
97	99		(b) A home health agency may provide additional services itself or under arrangements
98	100		47
99	101		with another agency, organization, facility, or individual.
100	102		48
101	103		[(4)] (5) Beginning January 1, 2023, a hospice program shall provide at least one qualified
102	104		49
103	105		medical provider, as that term is defined in Section 26B-4-201, for the treatment of
104	106		50
105	107		hospice patients.
106	108		51
107	109		(6)(a) A satellite emergency department located in a county of the first or second class
108	110		52
109	111		shall have available on-site, during operating hours, at minimum:
110	112		53
111	113		(i) the equipment and personnel to conduct and use:
112	114		54
113	115		(A) CT scans;
114	116		55
115	117		(B) x-rays; and
116	118		56
117	119		(C) clinical laboratory tests and analyses that are customarily used on-site in
118	120		57
119	121		emergency medical settings, meeting the standards of care for scope,
120	122		58
121		-	timeliness, and accuracy that apply in hospital-based emergency departments;
	123	+	timeliness, and accuracy that apply in hospital-based emergency departments.
122	124		59
123		-	(ii) a physician who is licensed under Title 58, Chapter 67, Utah Medical Practice ~~Act,~~
	125	+	(ii) a physician who is licensed under Title 58, Chapter 67, Utah Medical Practice
124	126		60
125		-	or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, and:
	127	+	Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, and:
126	128		61
127	129		(A) is board certified or board eligible in emergency medicine; or
128	130		62
129	131		(B) has at least 10 years experience providing emergency medical services;
130		-	- 2 - Enrolled Copy H.B. 152
131	132		63
132	133		(iii) two registered nurses who:
	134	+	- 2 - 02-21 12:57 1st Sub. (Buff) H.B. 152
133	135		64
134	136		(A) are licensed under Title 58, Chapter 31b, Nurse Practice Act; and
135	137		65
136	138		(B) have specialized training providing emergency medical services;
137	139		66
138	140		(iv) a staff member who:
139	141		67
140	142		(A) is specifically trained, certified, or licensed in respiratory care, sufficient to
141	143		68
142	144		support the needs of patients in a timely and appropriate manner, as determined
143	145		69
144	146		by the satellite emergency department's clinical protocols;
145	147		70
146	148		(B) completes annual training and education in emergency respiratory care; and
147	149		71
148	150		(C) is in addition to the physician and nurses under Subsections (6)(a)(ii) and (iii);
149	151		72
150		-	(v) a certified or board-eligible medical laboratory scientist or technologist who is
	152	+	(v) a certified Ŝ→ or board-eligible ←Ŝ medical laboratory scientist or Ŝ→ [a
	153	+	72a
	154	+	certified medical laboratory
151	155		73
152		-	capable of conducting the laboratory tests and analyses ~~described in Subsection~~
	156	+	] ←Ŝ technologist who is capable of conducting the laboratory tests and analyses
153	157		74
154		-	(6)(a)(i)(C);
	158	+	described in Subsection (6)(a)(i)(C);
155	159		75
156	160		(vi) security personnel capable of maintaining the personal safety of patients and
157	161		76
158	162		providers; and
159	163		77
160	164		(vii) two units of packed red blood cells suitable for emergency use.
161	165		78
162	166		(b) A satellite emergency department located in a county of the first or second class shall
163	167		79
164	168		have available, on-site or on-call to be physically present at the satellite emergency
165	169		80
166		-	department, during operating hours, at minimum, a certified ~~sonographer~~ and the
	170	+	department, during operating hours, at minimum, a certified sonogropher and the
167	171		81
168	172		equipment to conduct and use an ultrasound.
169	173		82
170	174		(c) A satellite emergency department shall:
171	175		83
172	176		(i) clearly identify itself as an emergency department, using, at minimum,
173	177		84
174	178		prominently lighted external signage that includes the word "EMERGENCY" or
175	179		85
176	180		"ER" in conjunction with the name of the satellite emergency department's parent
177	181		86
178	182		hospital; and
179	183		87
180	184		(ii) prominently display, at locations that are readily accessible to and visible by
181	185		88
182	186		patients outside the entrance to the satellite emergency department and in patient
183	187		89
184	188		waiting areas, signage that:
185	189		90
186	190		(A) states "THIS IS AN EMERGENCY DEPARTMENT"; and
187	191		91
188	192		(B) unless the satellite emergency department shares a premises and a public
189	193		92
190	194		entrance with an urgent care center, "THIS IS NOT AN URGENT CARE
191	195		93
192	196		CENTER. EMERGENCY DEPARTMENT RATES ARE BILLED FOR
193	197		94
194	198		SERVICES."
195	199		95
196	200		(d)(i) A satellite emergency department may not hold itself out to the public as an
197	201		96
198	202		urgent care center.
199		-	- 3 - H.B. 152 ~~Enrolled Copy~~
	203	+	- 3 - 1st Sub. (Buff) H.B. 152 02-21 12:57
200	204		97
201	205		(ii) Notwithstanding Subsection (6)(d)(i), if a satellite emergency department is
202	206		98
203	207		located on the same premises as an urgent care center, the signage may also
204	208		99
205	209		identify the urgent care center.
206	210		100
207	211		(7) A satellite emergency department that fails to meet a requirement of Subsections (6)(a)
208	212		101
209	213		through (d) may not hold itself out as providing critical or emergency care.
210	214		102
211	215		(8) A health care organization may not operate a higher number of satellite emergency
212	216		103
213	217		departments than two times the number of hospital emergency departments the health
214	218		104
215	219		care organization operates in the state.
216	220		105
217	221		(9) The department shall:
218	222		106
219	223		(a) adopt and enforce rules, in accordance with Title 63G, Chapter 3, Utah
220	224		107
221	225		Administrative Rulemaking Act, to establish the process and applicable fees for
222	226		108
223	227		initial and renewal applications to operate a satellite emergency department;
224	228		109
225	229		(b) assess and collect the application and renewal fees described in Subsection (9)(a); and
226	230		110
227	231		(c) deposit any fees collected under Subsection (9)(b) into the General Fund, as a
228	232		111
229	233		dedicated credit, to be used solely to pay for or offset the department's costs incurred
230	234		112
231	235		to perform the duties under this Subsection (9).
232	236		113
233	237		Section 2. Effective Date.
234	238		114
235	239		This bill takes effect on May 7, 2025.
236	240		- 4 -