Utah Code 26B-3-902. Creation and administration of the Utah Children’s Health Insurance Program

26B-3-902. Creation and administration of the Utah Children’s Health Insurance Program.

(1)

There is created the Utah Children’s Health Insurance Program to be administered by the department in accordance with the provisions of:

Member: means a child enrolled in the program. See Utah Code 26B-3-901
Plan: means the department's plan submitted to the United States Department of Health and Human Services pursuant to 42 U. See Utah Code 26B-3-901
Program: means the Utah Children's Health Insurance Program created by this part. See Utah Code 26B-3-901
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
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5

(a)	this part; and

(b)	the State Children’s Health Insurance Program, 42 U.S.C. § 1397aa et seq.

(2)

The department shall:

(a)	prepare and submit the state’s children’s health insurance plan before May 1, 1998, and any amendments to the United States Department of Health and Human Services in accordance with 42 U.S.C. § 1397ff; and

(b)

(i)	eligibility requirements consistent with Section 26B-3-108;

(ii)	program benefits;

(iii)

the level of coverage for each program benefit;

(iv)

cost-sharing requirements for members, which may not:

(A)	exceed the guidelines set forth in 42 U.S.C. § 1397ee; or

(B)	impose deductible, copayment, or coinsurance requirements on a member for well-child, well-baby, and immunizations;

(v)	the administration of the program; and

(vi)

a requirement that:

(A)	members in the program shall participate in the electronic exchange of clinical health records established in accordance with Section 26B-8-411 unless the member opts out of participation;

(B)	prior to enrollment in the electronic exchange of clinical health records the member shall receive notice of the enrollment in the electronic exchange of clinical health records and the right to opt out of participation at any time; and

(C)	beginning July 1, 2012, when the program sends enrollment or renewal information to the member and when the member logs onto the program’s website, the member shall receive notice of the right to opt out of the electronic exchange of clinical health records.

Renumbered and Amended by Chapter 306, 2023 General Session