26B-1-309.  Medicaid Restricted Account.

(1)  There is created a restricted account in the General Fund known as the “Medicaid Restricted Account.”

Terms Used In Utah Code 26B-1-309

  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2) 

(a)  Except as provided in Subsection (3), the following shall be deposited into the Medicaid Restricted Account:

(i)  any general funds appropriated to the department for the state plan for medical assistance or for the Division of Health Care Financing that are not expended by the department in the fiscal year for which the general funds were appropriated and which are not otherwise designated as nonlapsing shall lapse into the Medicaid Restricted Account;

(ii)  any unused state funds that are associated with the Medicaid program, as defined in Section 26B-3-101, from the Department of Workforce Services; and

(iii)  any penalties imposed and collected under:

(A)  Section 17B-2a-818.5;

(B)  Section 19-1-206;

(C)  Section 63A-5b-607;

(D)  Section 63C-9-403;

(E)  Section 72-6-107.5; or

(F)  Section 79-2-404.

(b)  The account shall earn interest and all interest earned shall be deposited into the account.

(c)  The Legislature may appropriate money in the restricted account to fund programs that expand medical assistance coverage and private health insurance plans to low income persons who have not traditionally been served by Medicaid, including the Utah Children’s Health Insurance Program created in Section 26B-3-902.

(3) 

(a)  For fiscal years 2008-09, 2009-10, 2010-11, 2011-12, and 2012-13 the following funds are nonlapsing:

(i)  any general funds appropriated to the department for the state plan for medical assistance, or for the Division of Health Care Financing that are not expended by the department in the fiscal year in which the general funds were appropriated; and

(ii)  funds described in Subsection (2)(a)(ii).

(b)  For fiscal years 2019-20, 2020-21, 2021-22, and 2022-23, the funds described in Subsections (2)(a)(ii) and (3)(a)(i) are nonlapsing.

Renumbered and Amended by Chapter 305, 2023 General Session