26B-3-218.  Medicaid waiver for inpatient care in an institution for mental diseases.

(1)  As used in this section, “institution for mental diseases” means the same as that term is defined in 42 C.F.R. § 435.1010.

Terms Used In Utah Code 26B-3-218

  • 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.
  • CMS: means the Centers for Medicare and Medicaid Services within the United States Department of Health and Human Services. See Utah Code 26B-3-101
  • 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
(2)  Before August 1, 2020, the division shall apply for a Medicaid waiver or a state plan amendment with CMS to offer a program that provides reimbursement for mental health services that are provided:

(a)  in an institution for mental diseases that includes more than 16 beds; and

(b)  to an individual who receives mental health services in an institution for mental diseases for a period of more than 15 days in a calendar month.

(3)  If the waiver or state plan amendment described in Subsection (2) is approved, the department shall:

(a)  develop and offer the program described in Subsection (2); and

(b)  submit to the Health and Human Services Interim Committee and the Social Services Appropriations Subcommittee any report that the department submits to CMS that relates to the budget neutrality, independent waiver evaluation, or performance metrics of the program described in Subsection (2), within 15 days after the day on which the report is submitted to CMS.

(4)  Notwithstanding Sections 17-43-201 and 17-43-301, if the waiver or state plan amendment described in Subsection (2) is approved, a county does not have to provide matching funds to the state for the mental health services described in Subsection (2) that are provided to an individual who qualifies for Medicaid coverage under Section 26B-3-113 or 26B-3-207.

Renumbered and Amended by Chapter 306, 2023 General Session