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Congregate Care Modifications
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Derrin R. Owens
House Sponsor:
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LONG TITLE
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General Description:
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This bill addresses congregate care programs.
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Highlighted Provisions:
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This bill:
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▸ requires the Department of Health and Human Services (department) to take reasonable
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effort to determine, within seven days after receiving a completed report about an
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individual from the Bureau of Criminal Identification, whether to grant an application
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for direct patient access;
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▸ disallows the department from:
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● restricting or prohibiting new admissions at a congregate care program on the sole
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basis that the program is operating under a conditional license; or
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● restricting or altering the rights of a congregate care program on the basis that the
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program or facility has filed an adjudicative proceeding or appeal, or that an
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adjudicative proceeding or appeal is pending;
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▸ requires the department, in certain circumstances, to:
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● inspect a congregate care program;
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● provide notice to a congregate care program; or
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● remove restrictions and conditions on a congregate care program's license; and
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▸ makes technical changes.
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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-2-240, as last amended by Laws of Utah 2024, Chapter 310
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26B-2-703, as enacted by Laws of Utah 2024, Chapter 267
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 26B-2-240 is amended to read:
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26B-2-240 . Department authorized to grant, deny, or revoke clearance --
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Department may limit direct patient access -- Clearance.
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(1) The definitions in Section 26B-2-238 apply to this section.
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(2)(a) As provided in this section, the department may grant, deny, or revoke
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certification for direct patient access for an individual, including a covered individual.
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(b) The department may limit the circumstances under which a covered individual
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granted certification for direct patient access may have direct patient access, based on
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the relationship factors under Subsection (4) and other mitigating factors related to
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patient and resident protection.
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(c) The department shall [determine ] take reasonable effort to determine no later than
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seven business days after the date on which the department receives a completed
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report from the Department of Public Safety's Bureau of Criminal Identification
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whether to grant certification for direct patient access for each applicant for whom it
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receives:
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(i) the personal identification information specified by the department under
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Subsection (4)(b);
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(ii) results from another state's child abuse and neglect registry, in accordance with
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Subsection 26B-2-120(3)(g); and
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[(ii)] (iii) any fees established by the department under Subsection (9).
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(d) The department shall:
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(i) establish a procedure for obtaining and evaluating relevant information concerning
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covered individuals, including fingerprinting the applicant and submitting the
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prints to the Criminal Investigations and Technical Services Division of the
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Department of Public Safety for checking against applicable state, regional, and
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national criminal records files; and
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(ii) require that a certification for direct patient access include a fingerprint-based
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criminal history background check in the databases described under Subsection
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(3)(a), including the inclusion of the individual's fingerprints in a rap back system.
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(3) The department may review the following sources to determine whether an individual
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should be granted or retain certification for direct patient access, which may include:
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(a) Department of Public Safety arrest, conviction, and disposition records described in
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Title 53, Chapter 10, Criminal Investigations and Technical Services Act, including
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information in state, regional, and national records files;
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(b) juvenile court arrest, adjudication, and disposition records, as allowed under Section
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78A-6-209;
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(c) federal criminal background databases available to the state;
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(d) the Division of Child and Family Services Licensing Information System described
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in Section 80-2-1002;
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(e) child abuse or neglect findings described in Section 80-3-404;
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(f) the Division of Aging and Adult Services vulnerable adult abuse, neglect, or
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exploitation database described in Section 26B-6-210;
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(g) registries of nurse aids described in 42 C.F.R. Sec. 483.156;
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(h) licensing and certification records of individuals licensed or certified by the Division
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of Professional Licensing under Title 58, Occupations and Professions; and
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(i) the List of Excluded Individuals and Entities database maintained by the United
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States Department of Health and Human Services' Office of Inspector General.
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(4) The department shall adopt rules that:
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(a) specify the criteria the department will use to determine whether an individual is
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granted or retains certification for direct patient access:
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(i) based on an initial evaluation and ongoing review of information under Subsection
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(3); and
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(ii) including consideration of the relationship the following may have to patient and
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resident protection:
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(A) warrants for arrest;
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(B) arrests;
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(C) convictions, including pleas in abeyance;
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(D) pending diversion agreements;
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(E) adjudications by a juvenile court under Section 80-6-701 if the individual is
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over 28 years old and has been convicted, has pleaded no contest, or is subject
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to a plea in abeyance or diversion agreement for a felony or misdemeanor, or
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the individual is under 28 years old; and
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(F) any other findings under Subsection (3); and
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(b) specify the personal identification information that must be submitted by an
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individual or covered body with an application for certification for direct patient
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access, including:
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(i) the applicant's [Social Security] social security number; and
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(ii) fingerprints.
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(5) For purposes of Subsection (4)(a), the department shall classify a crime committed in
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another state according to the closest matching crime under Utah law, regardless of how
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the crime is classified in the state where the crime was committed.
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(6) The Department of Public Safety, the Administrative Office of the Courts, the Division
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of Professional Licensing, and any other state agency or political subdivision of the state:
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(a) shall allow the department to review the information the department may review
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under Subsection (3); and
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(b) except for the Department of Public Safety, may not charge the department for
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access to the information.
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(7) The department shall adopt measures to protect the security of the information it
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reviews under Subsection (3) and strictly limit access to the information to department
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employees responsible for processing an application for certification for direct patient
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access.
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(8) The department may disclose personal identification information specified under
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Subsection (4)(b) to other divisions and offices within the department to verify that the
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subject of the information is not identified as a perpetrator or offender in the information
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sources described in Subsections (3)(d) through (f).
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(9) The department may establish fees, in accordance with Section 63J-1-504, for an
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application for certification for direct patient access, which may include:
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(a) the cost of obtaining and reviewing information under Subsection (3);
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(b) a portion of the cost of creating and maintaining the Direct Access Clearance System
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database under Section 26B-2-241; and
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(c) other department costs related to the processing of the application and the ongoing
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review of information pursuant to Subsection (4)(a) to determine whether
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certification for direct patient access should be retained.
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Section 2. Section 26B-2-703 is amended to read:
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26B-2-703 . Sanctions -- Penalties and adjudicative procedure -- Rulemaking.
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(1) If the department has reason to believe that a provider has failed to comply with this
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chapter or rules made pursuant to this chapter, the department may serve a notice of
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agency action to commence an adjudicative proceeding in accordance with Title 63G,
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Chapter 4, Administrative Procedures Act.
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(2)(a) In accordance with Title 63G, Chapter 4, Administrative Procedures Act, the
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department may deny, place conditions on, suspend, or revoke a license, certificate,
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or certification, and invoke penalties, including restricting or prohibiting new
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admissions to a program or facility, if the department finds that there has been:
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[(a)] (i) a failure to comply with:
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[(i)] (A) rules established under this chapter; or
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[(ii)] (B) any lawful order of the department or a local health department, or
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applicable rule, statute, regulation, or requirement;
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[(b)] (ii) aiding, abetting, or permitting the commission of any illegal act;
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[(c)] (iii) conduct adverse to the standards required to provide services and promote
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public trust, including aiding, abetting, or permitting the commission of abuse,
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neglect, exploitation, harm, mistreatment, or fraud; or
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[(d)] (iv) a failure to provide applicable health and safety services for clients.
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(b) The department may not restrict or prohibit new admissions at a congregate care
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program on the sole basis that the congregate care program is operating under a
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conditional license.
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(3)(a) The department may act on an emergency basis if the department determines
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immediate action is necessary to protect a client.
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(b) Immediate action taken under Subsection (3)(a) may include restricting new
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admissions to a program or facility, or increased monitoring of the operations of a
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program or facility.
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(4) The department may impose civil monetary penalties against any person, in a sum not to
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exceed $10,000 per violation, in:
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(a) an administrative action in accordance with Title 63G, Chapter 4, Administrative
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Procedures Act;
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(b) a similar administrative proceeding adopted by a county or local government; or
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(c) a judicial civil proceeding.
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(5) Assessment of a civil penalty or administrative penalty does not preclude the
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department or a local health department from:
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(a) seeking criminal penalties;
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(b) denying, revoking, imposing conditions on, or refusing to renew a license,
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certificate, or certification; or
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(c) seeking injunctive or equitable remedies.
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(6) If the department revokes a license, certificate, or certification, the office may not grant
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a new license, certificate, or certification unless:
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(a) at least five years have passed since the day on which the provider was served with
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final notice that the provider's license, certificate, or certification was revoked; and
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(b) the office determines that the interests of the public will not be jeopardized by
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granting the provider a new license, certificate, or certification.
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(7) If the department does not renew a license, certificate, or certification because of
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noncompliance with the provisions of this part or rules adopted under this part, the
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department may not issue a new license, certificate, or certification unless:
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(a) at least one year has passed since the day on which the renewal was denied;
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(b) the provider complies with all renewal requirements; and
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(c) the office determines that the interests of the public will not be jeopardized by
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issuing a new license, certificate, or certification.
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(8) The office may suspend a license, certificate, or certification for up to three years.
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(9) When a license, certificate, or certification has been suspended, the office may restore,
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or restore subject to conditions, the suspended license, certificate, or certification upon a
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determination that the:
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(a) conditions upon which the suspension were based have been completely or partially
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corrected; and
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(b) interests of the public will not be jeopardized by restoration of the license, certificate,
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or certification.
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(10) If a provider fails to comply with the provisions of this chapter, the department may
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impose a penalty on the provider that is less than or equal to the cost incurred by the
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department, which may include:
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(a) the cost to continue providing services, including ensuring client safety and
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relocating clients through the transition or closure of a program or facility;
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(b) the cost to place an administrator or department representative as a monitor in a
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program or facility; or
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(c) the cost to assess to the provider those costs incurred by the department.
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(11) If a congregate care program or facility knowingly fails to comply with the provisions
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of Section 26B-2-124, the office may impose a penalty on the congregate care program
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or facility that is less than or equal to the cost of care incurred by the state for a
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private-placement child described in Subsection 26B-2-124(3).
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(12) If the department finds that an abortion has been performed in violation of Section
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76-7-314 or 76-7a-201, the department shall deny or revoke the license.
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(13)(a) A provider, program or facility, or person may commence adjudicative
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proceedings in accordance with Title 63G, Chapter 4, Administrative Procedures Act,
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regarding all agency actions that determine the legal rights, duties, privileges,
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immunities, or other legal interests of the provider, program or facility, or persons
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associated with the provider, including all office actions to grant, deny, place
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conditions on, revoke, suspend, withdraw, or amend an authority, right, license,
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certificate, or certification under this part.
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(b) The department may not deny, place a condition on, revoke, refuse to reinstate,
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suspend, withdraw, or amend an authority, right, license, certificate, or certification
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under this part on the basis that an affected congregate care program has appealed an
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agency action under Subsection (13)(a) or that an appeal or adjudicative proceeding
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is pending.
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(c) If, at any time, the department determines that it will not remove a condition on or
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otherwise unconditionally reinstate or renew a congregate care program's license, the
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department shall notify the congregate care program within seven days of the
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department's determination.
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(14) The department shall:
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(a)(i) conduct an inspection not more than 14 days after the date on which any
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restriction or prohibition on new admissions has been issued; and
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(ii) conduct a subsequent inspection not more than 30 days after the date on which
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the inspection under Subsection (14)(a)(i)(A) occurred;
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(b) remove any restriction on new admissions at a congregate care program or facility if
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the department:
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(i) conducts two consecutive inspections showing full compliance with the violated
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rules upon which the restriction on new admissions was based; and
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(ii) finds no new violations upon which the department may restrict new admissions
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under Subsection (2)(a); and
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(c) remove any conditions on a congregate care program license if:
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(i) the congregate care program has rectified all issues for which the conditions were
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initially imposed;
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(ii) the department conducts three consecutive inspections showing full compliance
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with the violated rules upon which the conditions were based;
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(iii) no less than 90 days have elapsed after the date on which the first of three
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consecutive inspections showing full compliance occurred; and
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(iv) the department finds no new violations upon which the department may place
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conditions on the license under Subsection (2)(a).
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[(14)] (15) Subject to the requirements of federal and state law, the office shall make rules
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in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to
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establish sanctions, penalties, and adjudicative proceedings as described in this chapter.
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Section 3. Effective Date.
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This bill takes effect on May 7, 2025.
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