26B-3-228.  Medicaid coverage for certain postpartum women.

(1)  As used in this section:

Terms Used In Utah Code 26B-3-228

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Division: means the Division of Integrated Healthcare within the department, established under Section 26B-3-102. See Utah Code 26B-3-101
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
  • 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
(a)  “Extended postpartum period” means the period after a woman’s pregnancy ends:

(i)  beginning the day after the initial postpartum period; and

(ii)  ending on the last day of the month that is 12 months after the day on which the woman’s pregnancy ends.

(b)  “Initial postpartum period” means the period:

(i)  beginning on the day on which a woman’s pregnancy ends; and

(ii)  ending on the last day of the month that is 60 days after the day on which the woman’s pregnancy ends.

(c)  “Miscarriage” means the spontaneous or accidental loss of a fetus, regardless of gestational age or the duration of the pregnancy.

(2)  Before July 1, 2023, the division shall request a waiver or state plan amendment to, in accordance with 42 U.S.C. § 1396a(e)(16), provide continuous Medicaid coverage during the woman’s extended postpartum period if:

(a)  the woman is eligible for Medicaid during the woman’s pregnancy; and

(b)  the woman’s pregnancy ended by way of:

(i)  birth;

(ii)  miscarriage;

(iii)  stillbirth; or

(iv)  an abortion that is permitted under Section 76-7a-201.

(3)  If the request described in Subsection (2) is denied or is not approved by January 1, 2024, the division shall request a waiver or state plan amendment to, in accordance with 42 U.S.C. § 1396a(e)(16), provide continuous Medicaid coverage during the woman’s extended postpartum period if the woman is eligible for Medicaid during the woman’s pregnancy.

Enacted by Chapter 316, 2023 General Session

Technically renumbered to avoid duplication of newly enacted Chapter also in SB 39, Chapter 306.