Effective 7/1/2022  26B-1-102. Definitions.  As used in this title:  (1) "Department" means the Department of Health and Human Services created in Section 26B-1-201.     (2) "Stabilization services" means in-home services provided to a child with, or who is at risk for, complex emotional and behavioral needs, including teaching the child's parent or guardian skills to improve family functioning.     (3) "Public health authority" means an agency or authority of the United States, a state, a territory, a political subdivision of a state or territory, an Indian tribe, or a person acting under a grant of authority from or a contract with such an agency, that is responsible for public health matters as part of the agency or authority's official mandate.     (4) "System of care" means a broad, flexible array of services and supports that:   (a) serve a child with or who is at risk for complex emotional and behavioral needs;     (b) are community based;     (c) are informed about trauma;     (d) build meaningful partnerships with families and children;     (e) integrate service planning, service coordination, and management across state and local entities;     (f) include individualized case planning;     (g) provide management and policy infrastructure that supports a coordinated network of interdepartmental service providers, contractors, and service providers who are outside of the department; and     (h) are guided by the type and variety of services needed by a child with or who is at risk for complex emotional and behavioral needs and by the child's family.      Amended by Chapter 255, 2022 General Session
 Effective 7/1/2022  26B-1-103. Purpose of title -- Consolidation of functions into single state agency.  The purpose of this title is to consolidate into a single agency of state government all of the functions previously exercised by the Department of Health and the Department of Human Services to more efficiently and effectively carry out the responsibilities delegated to the department by state law. Amended by Chapter 255, 2022 General Session
 Effective 7/1/2022  26B-1-104. Severability of code provisions.  If a provision of this title or Title 26, Utah Health Code, or the application of any such provision to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this title or Title 26, Utah Health Code, which can be given effect without the invalid provision or application, and to this end the provisions of this title or Title 26, Utah Health Code, are declared to be severable. Renumbered and Amended by Chapter 255, 2022 General Session
 Effective 7/1/2022  26B-1-105. Individual rights protected.  Nothing in this title prohibits an individual from choosing the diet, therapy, or mode of treatment to be administered to an individual or an individual's family. Renumbered and Amended by Chapter 255, 2022 General Session
 Effective 7/1/2022  26B-1-201.1. Transition to single state agency -- Transition plan.    (1) As used in this section:   (a) "Transition agencies" means the:   (i) Department of Health; and     (ii) Department of Human Services.       (b) "Transition period" means the period of time:   (i) during which the transition of the department to the Department of Health and Human Services takes place; and     (ii) beginning on March 23, 2021, and ending on July 1, 2022.         (2) The transition agencies shall publish information that provides a full overview of how the move may affect client services offered by the transition agencies on the transition agencies' respective websites, including regular updates regarding:   (a) how the move may affect client services offered by the transition agencies;     (b) information regarding the location where services are provided and the hours services are provided; and     (c) contact information so that clients of the transition agencies can contact transitioning employees and obtain information regarding client services.       (3) The transition agencies may, separately or collectively, enter into a memorandum of understanding regarding how costs and responsibilities will be shared to:   (a) ensure that services provided under agreements with the federal government, including new and ongoing grant programs, are fulfilled;     (b) ensure that commitments made by the transition agencies are met;     (c) provide ongoing or shared services as needed, including the provision of payments to the department from the transition agencies; and     (d) ensure that money from the Department of Health and Human Services Transition Restricted Account created in Section 26B-1-305 is used appropriately by the transition agencies and the department.       (4) In implementing the written transition plan described in this section, the transition agencies and the department shall protect existing services, programs, and access to services provided by the transition agencies.     (5)   (a) The department shall provide a written update to the entities described in Subsection (5)(b):   (i) at least one time after September 1, 2022, but before November 1, 2022;     (ii) if the executive director adjusts the organizational structure of the department under Subsection 26B-1-204(5) in a manner that conflicts with the organizational structure described in statute; or     (iii) at the request of one or more of the entities described in Subsection (5)(b).       (b) The update described in Subsection (5)(a) shall be provided to:   (i) the Health and Human Services Interim Committee;     (ii) the Social Services Appropriations Subcommittee; and     (iii) the executive office of the governor.         (6) Before November 30 of each year from 2022 through 2025, the department shall report to the Social Services Appropriations Subcommittee:   (a) efficiencies and savings identified by the department as a result of the merger of the transition agencies; and     (b) programs to which the department recommends reinvesting savings identified under Subsection (6)(a).      Amended by Chapter 255, 2022 General Session
 Effective 7/1/2022  26B-1-201. Department of Health and Human Services -- Creation -- Duties.    (1) There is created within state government the Department of Health and Human Services, which has all of the policymaking functions, regulatory and enforcement powers, rights, duties, and responsibilities outlined in this title and previously vested in the Department of Health and the Department of Human Services.     (2) Subject to the limitation and grants of authority in state law, the department shall serve as the health, health planning, medical assistance, and social services authority of the state, and for administration of federally assisted state programs or plans is designated as the sole state agency for:   (a) social service block grants;     (b) alcohol, drug, and mental health programs, including block grants;     (c) child welfare;     (d) state programs supported under the Older Americans Act, 42 U.S.C. Sec. 3001, et seq.;     (e) public health;     (f) health planning;     (g) maternal and child health;     (h) services for individuals with a disability; and     (i) medical assistance.       (3) A state plan or program administered by the department:   (a) shall be developed in the appropriate divisions or offices of the department in accordance with applicable requirements of state and federal law; and     (b) may be amended by the executive director to achieve coordination, efficiency, or economy.       (4) In addition to Subsection (1), from July 1, 2022, through June 30, 2023, the Department of Health and Human Services shall exercise the policymaking functions, regulatory and enforcement powers, rights, duties, and responsibilities of the Department of Health and the Department of Human Services under:   (a)Title 26, Utah Health Code; and     (b)Title 62A, Utah Human Services Code.      Amended by Chapter 255, 2022 General Session
 Effective 7/1/2022  26B-1-202. Department authority and duties.  The department may, subject to applicable restrictions in state law and in addition to all other authority and responsibility granted to the department by law:  (1) adopt rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and not inconsistent with law, as the department may consider necessary or desirable for providing health and social services to the people of this state;     (2) establish and manage client trust accounts in the department's institutions and community programs, at the request of the client or the client's legal guardian or representative, or in accordance with federal law;     (3) purchase, as authorized or required by law, services that the department is responsible to provide for legally eligible persons;     (4) conduct adjudicative proceedings for clients and providers in accordance with the procedures of Title 63G, Chapter 4, Administrative Procedures Act;     (5) establish eligibility standards for the department's programs, not inconsistent with state or federal law or regulations;     (6) take necessary steps, including legal action, to recover money or the monetary value of services provided to a recipient who was not eligible;     (7) set and collect fees for the department's services;     (8) license agencies, facilities, and programs, except as otherwise allowed, prohibited, or limited by law;     (9) acquire, manage, and dispose of any real or personal property needed or owned by the department, not inconsistent with state law;     (10) receive gifts, grants, devises, and donations; gifts, grants, devises, donations, or the proceeds thereof, may be credited to the program designated by the donor, and may be used for the purposes requested by the donor, as long as the request conforms to state and federal policy; all donated funds shall be considered private, nonlapsing funds and may be invested under guidelines established by the state treasurer;     (11) accept and employ volunteer labor or services; the department is authorized to reimburse volunteers for necessary expenses, when the department considers that reimbursement to be appropriate;     (12) carry out the responsibility assigned in the workforce services plan by the State Workforce Development Board;     (13) carry out the responsibility assigned by Section 62A-5a-105 with respect to coordination of services for students with a disability;     (14) provide training and educational opportunities for the department's staff;     (15) collect child support payments and any other money due to the department;     (16) apply the provisions of Title 78B, Chapter 12, Utah Child Support Act, to parents whose child lives out of the home in a department licensed or certified setting;     (17) establish policy and procedures, within appropriations authorized by the Legislature, in cases where the Division of Child and Family Services or the Division of Juvenile Justice Services is given custody of a minor by the juvenile court under Title 80, Utah Juvenile Code, or the department is ordered to prepare an attainment plan for a minor found not competent to proceed under Section 80-6-403, including:   (a) designation of interagency teams for each juvenile court district in the state;     (b) delineation of assessment criteria and procedures;     (c) minimum requirements, and timeframes, for the development and implementation of a collaborative service plan for each minor placed in department custody; and     (d) provisions for submittal of the plan and periodic progress reports to the court;       (18) carry out the responsibilities assigned to the department by statute;     (19) examine and audit the expenditures of any public funds provided to a local substance abuse authority, a local mental health authority, a local area agency on aging, and any person, agency, or organization that contracts with or receives funds from those authorities or agencies. Those local authorities, area agencies, and any person or entity that contracts with or receives funds from those authorities or area agencies, shall provide the department with any information the department considers necessary. The department is further authorized to issue directives resulting from any examination or audit to a local authority, an area agency, and persons or entities that contract with or receive funds from those authorities with regard to any public funds. If the department determines that it is necessary to withhold funds from a local mental health authority or local substance abuse authority based on failure to comply with state or federal law, policy, or contract provisions, the department may take steps necessary to ensure continuity of services. For purposes of this Subsection (19) "public funds" means the same as that term is defined in Section 62A-15-102;     (20) in accordance with Subsection 62A-2-106(1)(d), accredit one or more agencies and persons to provide intercountry adoption services;     (21) within legislative appropriations, promote and develop a system of care and stabilization services:   (a) in compliance with Title 63G, Chapter 6a, Utah Procurement Code; and     (b) that encompasses the department, department contractors, and the divisions, offices, or institutions within the department, to:   (i) navigate services, funding resources, and relationships to the benefit of the children and families whom the department serves;     (ii) centralize department operations, including procurement and contracting;     (iii) develop policies that govern business operations and that facilitate a system of care approach to service delivery;     (iv) allocate resources that may be used for the children and families served by the department or the divisions, offices, or institutions within the department, subject to the restrictions in Section 63J-1-206;     (v) create performance-based measures for the provision of services; and     (vi) centralize other business operations, including data matching and sharing among the department's divisions, offices, and institutions;         (22) ensure that any training or certification required of a public official or public employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter 22, State Training and Certification Requirements, if the training or certification is required:   (a) under this title;     (b) by the department; or     (c) by an agency or division within the department;       (23) enter into cooperative agreements with the Department of Environmental Quality to delineate specific responsibilities to assure that assessment and management of risk to human health from the environment are properly administered;     (24) consult with the Department of Environmental Quality and enter into cooperative agreements, as needed, to ensure efficient use of resources and effective response to potential health and safety threats from the environment, and to prevent gaps in protection from potential risks from the environment to specific individuals or population groups;     (25) to the extent authorized under state law or required by federal law, promote and protect the health and wellness of the people within the state;     (26) establish, maintain, and enforce rules authorized under state law or required by federal law to promote and protect the public health or to prevent disease and illness;     (27) investigate the causes of epidemic, infectious, communicable, and other diseases affecting the public health;     (28) provide for the detection and reporting of communicable, infectious, acute, chronic, or any other disease or health hazard which the department considers to be dangerous, important, or likely to affect the public health;     (29) collect and report information on causes of injury, sickness, death, and disability and the risk factors that contribute to the causes of injury, sickness, death, and disability within the state;     (30) collect, prepare, publish, and disseminate information to inform the public concerning the health and wellness of the population, specific hazards, and risks that may affect the health and wellness of the population and specific activities which may promote and protect the health and wellness of the population;     (31) abate nuisances when necessary to eliminate sources of filth and infectious and communicable diseases affecting the public health;     (32) make necessary sanitary and health investigations and inspections in cooperation with local health departments as to any matters affecting the public health;     (33) establish laboratory services necessary to support public health programs and medical services in the state;     (34) establish and enforce standards for laboratory services which are provided by any laboratory in the state when the purpose of the services is to protect the public health;     (35) cooperate with the Labor Commission to conduct studies of occupational health hazards and occupational diseases arising in and out of employment in industry, and make recommendations for elimination or reduction of the hazards;     (36) cooperate with the local health departments, the Department of Corrections, the Administrative Office of the Courts, the Division of Juvenile Justice Services, and the Crime Victim Reparations and Assistance Board to conduct testing for HIV infection of alleged sexual offenders, convicted sexual offenders, and any victims of a sexual offense;     (37) investigate the causes of maternal and infant mortality;     (38) establish, maintain, and enforce a procedure requiring the blood of adult pedestrians and drivers of motor vehicles killed in highway accidents be examined for the presence and concentration of alcohol, and provide the Commissioner of Public Safety with monthly statistics reflecting the results of these examinations, with necessary safeguards so that information derived from the examinations is not used for a purpose other than the compilation of these statistics;     (39) establish qualifications for individuals permitted to draw blood under Subsection 41-6a-523(1)(a)(vi), 53-10-405(2)(a)(vi), 72-10-502(5)(a)(vi), or 77-23-213(3)(a)(vi), and to issue permits to individuals the department finds qualified, which permits may be terminated or revoked by the department;     (40) establish a uniform public health program throughout the state which includes continuous service, employment of qualified employees, and a basic program of disease control, vital and health statistics, sanitation, public health nursing, and other preventive health programs necessary or desirable for the protection of public health;     (41) conduct health planning for the state;     (42) monitor the costs of health care in the state and foster price competition in the health care delivery system;     (43) establish methods or measures for health care providers, public health entities, and health care insurers to coordinate among themselves to verify the identity of the individuals the providers serve;     (44) designate Alzheimer's disease and related dementia as a public health issue and, within budgetary limitations, implement a state plan for Alzheimer's disease and related dementia by incorporating the plan into the department's strategic planning and budgetary process;     (45) coordinate with other state agencies and other organizations to implement the state plan for Alzheimer's disease and related dementia;     (46) ensure that any training or certification required of a public official or public employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter 22, State Training and Certification Requirements, if the training or certification is required by the agency or under this title, Title 26, Utah Health Code, or Title 62A, Utah Human Services Code; and     (47) oversee public education vision screening as described in Section 53G-9-404.    Amended by Chapter 40, 2022 General SessionRenumbered and Amended by Chapter 255, 2022 General SessionAmended by Chapter 274, 2022 General Session
 Effective 7/1/2022  26B-1-203. Executive director -- Appointment -- Compensation -- Qualifications -- Deputy directors required -- Responsibilities.    (1)   (a) The chief administrative officer of the department is the executive director, who shall be appointed by the governor with the advice and consent of the Senate.     (b) The executive director may be removed at the will of the governor.     (c) The executive director shall receive a salary established by the governor within the salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.       (2) The executive director shall be experienced in administration, management, and coordination of complex organizations.     (3) If the executive director is not a physician, the executive director or a deputy director shall:   (a) be informed and experienced in public health;     (b) have successfully completed at least a master's degree of public health or public administration from an accredited school of public health or from an accredited program of public health or public administration; and     (c)   (i) have at least five years of professional full-time experience, of which at least two years have been in public health in a senior level administrative capacity; or     (ii) have at least five years of professional full-time experience in public health programs, of which at least three years have been in a senior level administrative capacity.         (4) The executive director shall appoint a deputy director of the department who:   (a) shall have successfully completed at least one year's graduate work in an accredited school of public health or an accredited program of public health;     (b) shall have at least five years of professional full-time experience in public health programs; and     (c) is a physician licensed to practice medicine in the state with experience in public health.       (5) The executive director is responsible for:   (a) administration and supervision of the department;     (b) coordination of policies and program activities conducted through the boards, divisions, and offices of the department;     (c) approval of the proposed budget of each board, division, and office within the department; and     (d) other duties as the Legislature or governor shall assign to the executive director.       (6) The executive director may appoint deputy or assistant directors to assist the executive director in carrying out the department's responsibilities.    Renumbered and Amended by Chapter 255, 2022 General Session
 Affected by 63I-1-226 on 7/1/2024  Effective 7/1/2022  26B-1-204. Creation of boards, divisions, and offices -- Power to organize department.    (1) The executive director shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and not inconsistent with law for:   (a) the administration and government of the department;     (b) the conduct of the department's employees; and     (c) the custody, use, and preservation of the records, papers, books, documents, and property of the department.       (2) The following policymaking boards, councils, and committees are created within the Department of Health and Human Services:   (a) Board of Aging and Adult Services;     (b) Utah State Developmental Center Board;     (c) Health Advisory Council;     (d) Health Facility Committee;     (e) State Emergency Medical Services Committee;     (f) Air Ambulance Committee;     (g) Health Data Committee;     (h) Utah Health Care Workforce Financial Assistance Program Advisory Committee;     (i) Residential Child Care Licensing Advisory Committee;     (j) Child Care Center Licensing Committee;     (k) Primary Care Grant Committee;     (l) Adult Autism Treatment Program Advisory Committee;     (m) Youth Electronic Cigarette, Marijuana, and Other Drug Prevention Committee; and     (n) any boards, councils, or committees that are created by statute in:   (i) this title;     (ii)Title 26, Utah Health Code; or     (iii)Title 62A, Utah Human Services Code.         (3) The following divisions are created within the Department of Health and Human Services:   (a) relating to operations:   (i) the Division of Finance and Administration;     (ii) the Division of Licensing and Background Checks;     (iii) the Division of Customer Experience;     (iv) the Division of Data, Systems, and Evaluation; and     (v) the Division of Continuous Quality Improvement;       (b) relating to healthcare administration:   (i) the Division of Integrated Healthcare, which shall include responsibility for:   (A) the state's medical assistance programs; and     (B) behavioral health programs described in Title 62A, Chapter 15, Substance Abuse and Mental Health Act;       (ii) the Division of Aging and Adult Services; and     (iii) the Division of Services for People with Disabilities; and       (c) relating to community health and well-being:   (i) the Division of Child and Family Services;     (ii) the Division of Family Health;     (iii) the Division of Population Health;     (iv) the Division of Juvenile Justice and Youth Services; and     (v) the Office of Recovery Services.         (4) The executive director may establish offices and bureaus to facilitate management of the department as required by, and in accordance with:   (a) this title;     (b)Title 26, Utah Health Code; and     (c)Title 62A, Utah Human Services Code.       (5) From July 1, 2022, through June 30, 2023, the executive director may adjust the organizational structure relating to the department, including the organization of the department's divisions and offices, notwithstanding the organizational structure described in:   (a) this title;     (b)Title 26, Utah Health Code; or     (c)Title 62A, Utah Human Services Code.      Renumbered and Amended by Chapter 255, 2022 General Session
 Effective 7/1/2022  26B-1-205. Division directors -- Appointment -- Compensation -- Qualifications.    (1)   (a) The executive director of the department has administrative jurisdiction over each division and office director.     (b) The executive director may make changes in personnel and service functions in the divisions and offices under the executive director's administrative jurisdiction, and authorize designees to perform appropriate responsibilities, to effectuate greater efficiency and economy in the operations of the department.     (c) The executive director may establish offices and bureaus to perform functions such as budgeting, planning, data processing, and personnel administration, to facilitate management of the department.       (2) The chief officer of each division and office enumerated in Section 26B-1-204 shall be a director who shall serve as the executive and administrative head of the division or office.     (3) The executive director shall appoint each division director with the concurrence of the division's board, if the division has a board.     (4) The director of any division may be removed from that position at the will of the executive director after consultation with that division's board, if the division has a board.     (5) Directors of divisions and offices shall receive compensation as provided by Title 63A, Chapter 17, Utah State Personnel Management Act.     (6) The director of each division and office shall be experienced in administration and possess such additional qualifications as determined by the executive director, and as provided by law.    Renumbered and Amended by Chapter 255, 2022 General Session
 Effective 7/1/2022  26B-1-206. Limitation on establishment of advisory bodies.    (1) A department division or board:   (a) may not establish permanent, ongoing advisory groups unless otherwise specifically created in federal or state statute; and     (b) shall comply with the provisions of this section.       (2)   (a) A division or board may establish subject-limited and time-limited ad hoc advisory groups to provide input necessary to carry out the division's or board's assigned responsibilities.     (b) When establishing such an advisory group, the board shall establish in writing a specific charge and time limit.       (3) The department shall consolidate an advisory group or committee with another committee or advisory group as appropriate to create greater efficiencies and budgetary savings for the department.     (4) A member of any ad hoc advisory group shall receive no compensation or benefits for their service.     (5) The provision of staffing and support to any ad hoc advisory group is contingent on availability of human and financial resources.    Renumbered and Amended by Chapter 255, 2022 General Session
 Effective 7/1/2022  26B-1-207. Policymaking responsibilities -- Regulations for local health departments prescribed by department -- Local standards not more stringent than federal or state standards -- Consultation with local health departments -- Committee to evaluate health policies and to review federal grants.    (1) In establishing public health policy, the department shall consult with the local health departments established under Title 26A, Chapter 1, Local Health Departments.     (2)   (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may prescribe by administrative rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, reasonable requirements not inconsistent with law for a local health department as defined in Section 26A-1-102.     (b) Except where specifically allowed by federal law or state statute, a local health department, as defined in Section 26A-1-102, may not establish standards or regulations that are more stringent than those established by federal law, state statute, or administrative rule adopted in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.     (c) Nothing in this Subsection (2), limits the ability of a local health department to make standards and regulations in accordance with Subsection 26A-1-121(1)(a) for:   (i) emergency rules made in accordance with Section 63G-3-304; or     (ii) items not regulated under federal law, state statute, or state administrative rule.         (3)   (a) As used in this Subsection (3):   (i) "Committee" means the committee established under Subsection (3)(b).     (ii) "Exempt application" means an application for a federal grant that meets the criteria established under Subsection (3)(c)(iii).     (iii) "Expedited application" means an application for a federal grant that meets the criteria established under Subsection (3)(c)(iv).     (iv) "Federal grant" means a grant from the federal government that could provide funds for local health departments to help them fulfill their duties and responsibilities.     (v) "Reviewable application" means an application for a federal grant that is not an exempt application.       (b) The department shall establish a committee consisting of:   (i) the executive director, or the executive director's designee;     (ii) two representatives of the department, appointed by the executive director; and     (iii) three representatives of local health departments, appointed by all local health departments.       (c) The committee shall:   (i) evaluate:   (A) the allocation of public health resources between the department and local health departments; and     (B) policies that affect local health departments;       (ii) consider policy changes proposed by the department or local health departments;     (iii) establish criteria by which an application for a federal grant may be judged to determine whether it should be exempt from the requirements under Subsection (3)(d); and     (iv) establish criteria by which an application for a federal grant may be judged to determine whether committee review under Subsection (3)(d)(i) should be delayed until after the application is submitted because the application is required to be submitted under a timetable that makes committee review before it is submitted impracticable if the submission deadline is to be met.       (d)   (i) The committee shall review the goals and budget for each reviewable application:   (A) before the application is submitted, except for an expedited application; and     (B) for an expedited application, after the application is submitted but before funds from the federal grant for which the application was submitted are disbursed or encumbered.       (ii) Funds from a federal grant under a reviewable application may not be disbursed or encumbered before the goals and budget for the federal grant are established by:   (A) a two-thirds vote of the committee, following the committee review under Subsection (3)(d)(i); or     (B) if two-thirds of the committee cannot agree on the goals and budget, the chair of the health advisory council, after consultation with the committee in a manner that the committee determines.         (e) An exempt application is exempt from the requirements of Subsection (3)(d).     (f) The department may use money from a federal grant to pay administrative costs incurred in implementing this Subsection (3).      Renumbered and Amended by Chapter 255, 2022 General Session
 Effective 7/1/2022  26B-1-208. Participation in federal programs -- Federal grants -- Authority of executive director.    (1) The executive director may, by following the procedures and requirements of Title 63J, Chapter 5, Federal Funds Procedures Act, seek federal grants, loans, or participation in federal programs.     (2) Wherever state law authorizes a board, director, division, or office of the department to accept any grant, fund, or service which is to be advanced or contributed in whole or in part by the federal government, that acceptance shall be subject to the approval or disapproval of the executive director.     (3) All applications for federal grants or other federal financial assistance for the support of any department program is subject to the approval of the executive director.     (4) If any executive or legislative provision of the federal government so requires, as a condition to participation by this state in any fund, property, or service, the executive director, with the governor's approval, shall expend whatever funds are necessary out of the money provided by the Legislature for use and disbursement by that department.    Renumbered and Amended by Chapter 255, 2022 General Session
 Effective 7/1/2022  26B-1-209. Fee schedule adopted by department.    (1) The department may adopt a schedule of fees that may be assessed for services rendered by the department, provided that the fees are:   (a) reasonable and fair; and     (b) submitted to the Legislature as part of the department's annual appropriations request.       (2) When the department submits a fee schedule to the Legislature, the Legislature, in accordance with Section 63J-1-504, may:   (a) approve the fee;     (b) increase or decrease and approve the fee; or     (c) reject any fee submitted to it.       (3) Fees approved by the Legislature under this section shall be paid into the state treasury.    Renumbered and Amended by Chapter 255, 2022 General Session
 Effective 7/1/2022  26B-1-210. Department budget -- Reports from divisions.    (1) The department shall prepare and submit to the governor, for inclusion in the governor's budget to be submitted to the Legislature, a budget of the department's financial requirements needed to carry out the department's responsibilities, as provided by law during the fiscal year following the Legislature's next Annual General Session.     (2) The executive director shall require a report from each of the divisions and offices of the department, to aid in preparation of the departmental budget.    Renumbered and Amended by Chapter 255, 2022 General Session
 Effective 7/1/2022  26B-1-211. Background checks for employees -- Access to abuse and neglect information to screen employees and volunteers.    (1) As used in this section, "bureau" means the Bureau of Criminal Identification created in Section 53-10-201.     (2) Beginning July 1, 2018, the department may require a fingerprint-based local, regional, and national criminal history background check and ongoing monitoring of:   (a) all staff, contracted employees, and volunteers who:   (i) have access to protected health information or personal identifying information;     (ii) have direct access to patients, children, or vulnerable adults as defined in Section 62A-2-101;     (iii) work in areas of privacy and data security;     (iv) handle financial information, including receipt of funds, reviewing invoices, making payments, and other types of financial information; and     (v) perform audit functions, whether internal or external, on behalf of the department; and       (b) job applicants who have been offered a position with the department and the job requirements include those described in Subsection (2)(a).       (3) Beginning July 1, 2022, for the purposes described in Subsection (2), the department may also access:   (a) the department's Management Information System created in Section 62A-4a-1003;     (b) the department's Licensing Information System created in Section 62A-4a-1006;     (c) the statewide database of the Division of Aging and Adult Services created by Section 62A-3-311.1; and     (d) juvenile court records under Subsection 80-3-404(6).       (4) Each individual in a position listed in Subsection (2) shall provide a completed fingerprint card to the department upon request.     (5) The department shall require that an individual required to submit to a background check under Subsection (4) provide a signed waiver on a form provided by the department that meets the requirements of Subsection 53-10-108(4).     (6) For a noncriminal justice background search and registration in accordance with Subsection 53-10-108(13), the department shall submit to the bureau:   (a) the applicant's personal identifying information and fingerprints for a criminal history search of applicable local, regional, and national databases; and     (b) a request for all information received as a result of the local, regional, and nationwide background check.       (7) The department is responsible for the payment of all fees required by Subsection 53-10-108(15) and any fees required to be submitted to the Federal Bureau of Investigation by the bureau.     (8) The department may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:   (a) determine how the department will assess the employment status of an individual upon receipt of background information;     (b) determine when an individual would be disqualified from holding a position based on:   (i) the type of crimes and the severity of those crimes; or     (ii) one or more substantiated or supported findings of abuse, neglect, or exploitation; and       (c) identify the appropriate privacy risk mitigation strategy to be used in accordance with Subsection 53-10-108(13)(b).      Renumbered and Amended by Chapter 255, 2022 General Session
 Effective 7/1/2022  26B-1-212. Confidential records.    (1) A record classified as confidential under this title shall remain confidential, and be released according to the provisions of this title, notwithstanding Section 63G-2-310.     (2) In addition to a person granted access to a private record described in Subsection 63G-2-302(1)(b), a school, school district, local health department, and the department may share an immunization record as defined in Section 53G-9-301 or any other record relating to a vaccination or immunization as necessary to ensure compliance with Title 53G, Chapter 8, Part 3, Physical Restraint of Students, and to prevent, investigate, and control the causes of epidemic, infectious, communicable, and other diseases affecting the public health.    Renumbered and Amended by Chapter 255, 2022 General Session
 Effective 7/1/2022  26B-1-213. Department and committee rules and proceedings.    (1)   (a) Except in areas subject to concurrence between the department and a committee created under this title , Title 26, Utah Health Code, or Title 62A, Utah Human Services Code, the department shall have the power to adopt, amend, or rescind rules necessary to carry out the provisions of this title.     (b) If the adoption of rules under a provision of this title is subject to concurrence between the department and a committee created under this title and no concurrence can be reached, the department has final authority to adopt, amend, or rescind rules necessary to carry out the provisions of this title.      (c) When the provisions of this title require concurrence between the department and a committee created under this title:   (i) the department shall report to and update the committee on a regular basis related to matters requiring concurrence; and      (ii) the committee shall review the report submitted by the department under this Subsection (1)(c) and shall:   (A) concur with the report; or      (B) provide a reason for not concurring with the report and provide an alternative recommendation to the department.            (2) Rules shall have the force and effect of law and may deal with matters which materially affect the security of health or the preservation and improvement of public health in the state, and any matters as to which jurisdiction is conferred upon the department by this title.     (3) Every rule adopted by the department, or by the concurrence of the department and a committee established under Section 26B-1-204, is subject to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and is effective at the time and in the manner provided in that act.     (4) If, at the next general session of the Legislature following the filing of a rule with the legislative research director, the Legislature passes a bill disapproving such rule, the rule shall be null and void.     (5) The department, or the department in concurrence with a committee created under Section 26B-1-204, may not adopt a rule identical to a rule disapproved under Subsection (4) of this section before the beginning of the next general session of the Legislature following the general session at which the rule was disapproved.     (6) The department and all committees, boards, divisions, and offices created under this title, Title 26, Utah Health Code, or Title 62A, Utah Human Services Code, shall comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act, in any adjudicative proceedings.     (7)   (a) The department may hold hearings, administer oaths, subpoena witnesses, and take testimony in matters relating to the exercise and performance of the powers and duties vested in or imposed upon the department.     (b) The department may, at the department's sole discretion, contract with any other agency or department of the state to conduct hearings in the name of the department.      Renumbered and Amended by Chapter 255, 2022 General Session
 Effective 7/1/2022  26B-1-301. Executive director -- Power to accept funds and gifts.  The executive director may accept and receive such other funds and gifts as may be made available from private and public groups for the purposes of promoting and protecting the public health or for the provision of health services to the people of the state and shall expend the same as appropriated by the Legislature. Renumbered and Amended by Chapter 255, 2022 General Session
 Effective 7/1/2022  26B-1-302. National Professional Men's Basketball Team Support of Women and Children Issues Restricted Account.    (1) There is created in the General Fund a restricted account known as the "National Professional Men's Basketball Team Support of Women and Children Issues Restricted Account."     (2) The account shall be funded by:   (a) contributions deposited into the account in accordance with Section 41-1a-422;     (b) private contributions; and     (c) donations or grants from public or private entities.       (3) Upon appropriation by the Legislature, the department shall distribute funds in the account to one or more charitable organizations that:   (a) qualify as being tax exempt under Section 501(c)(3) of the Internal Revenue Code;     (b) are selected by the owners that, either on an individual or joint basis, own a controlling interest in a legal entity that is a franchised member of the internationally recognized national governing body for professional men's basketball in the United States;     (c) are headquartered within the state;     (d) create or support programs that focus on issues affecting women and children within the state, with an emphasis on health and education; and     (e) have a board of directors that disperses all funds of the organization.       (4)   (a) An organization described in Subsection (3) may apply to the department to receive a distribution in accordance with Subsection (3).     (b) An organization that receives a distribution from the department in accordance with Subsection (3) shall expend the distribution only to:   (i) create or support programs that focus on issues affecting women and children, with an emphasis on health and education;     (ii) create or sponsor programs that will benefit residents within the state; and     (iii) pay the costs of issuing or reordering National Professional Men's Basketball Team Support of Women and Children Issues support special group license plate decals.       (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may make rules providing procedures for an organization to apply to the department to receive a distribution under this Subsection (4).       (5) In accordance with Section 63J-1-602.1, appropriations from the account are nonlapsing.    Renumbered and Amended by Chapter 255, 2022 General Session
 Effective 7/1/2022  26B-1-304. Restricted account created to fund drug testing for law enforcement agencies.    (1) There is created within the General Fund a restricted account known as the State Laboratory Drug Testing Account.     (2) The account consists of a specified portion of fees generated under Subsection 53-3-106(5) from the reinstatement of certain licenses, which shall be deposited in this account.     (3) The department shall use funds in this account solely for the costs of performing drug and alcohol analysis tests for state and local law enforcement agencies, and may not assess any charge or fee to the law enforcement agencies for whom the analysis tests are performed.    Renumbered and Amended by Chapter 255, 2022 General Session
 Effective 7/1/2022  26B-1-305. Department of Health and Human Services Transition Restricted Account.    (1) There is created a restricted account within the General Fund known as the "Department of Health and Human Services Transition Restricted Account."     (2) The restricted account shall consist of appropriations made by the Legislature.     (3) Subject to appropriation, the transition agencies and the department may spend money from the restricted account to pay for expenses related to moving the transition agencies into the department, including staff and legal services.    Enacted by Chapter 255, 2022 General Session
 Effective 7/1/2022  26B-1a-101. Definitions.  As used in this part:  (1) "Director" means the director of the office appointed under Section 26B-1a-103.     (2) "Health care" means care, treatment, service, or a procedure to improve, maintain, diagnose, or otherwise affect an individual's physical or mental condition.     (3) "Health liaison" means the American Indian-Alaska Native Health Liaison appointed under Section 26B-1a-105.     (4) "ICWA liaison" means the Indian Child Welfare Act Liaison appointed under Section 26B-1a-106.     (5) "Office" means the Office of American Indian-Alaska Native Health and Family Services created in Section 26B-1a-102.    Enacted by Chapter 245, 2022 General Session  Technically renumbered to avoid duplication of newly enacted Chapter also in SB 45, Chapter 255. 
 Effective 7/1/2022  26B-1a-102. Office of American Indian-Alaska Native Health and Family Services -- Creation -- Purpose.    (1) There is created within the department the Office of American Indian-Alaska Native Health and Family Services.     (2) The purpose of the office is to oversee and coordinate department services for Utah's American Indian-Alaska Native populations.    Enacted by Chapter 245, 2022 General Session  Technically renumbered to avoid duplication of newly enacted Chapter also in SB 45, Chapter 255. 
 Effective 7/1/2022  26B-1a-103. Director of the office -- Appointment -- Qualifications -- Staff.    (1) The executive director shall appoint a director of the office who:   (a) has a bachelor's degree from an accredited university or college;     (b) is experienced in administration; and     (c) is knowledgeable about the areas of American Indian-Alaska Native practices.       (2) The director is the administrative head of the office and shall serve under the supervision of the executive director.     (3) The executive director may hire staff as necessary to carry out the duties of the office described in Section 26B-1a-104.    Amended by Chapter 245, 2022 General Session, (Coordination Clause)Enacted by Chapter 245, 2022 General Session  Technically renumbered to avoid duplication of newly enacted Chapter also in SB 45, Chapter 255. 
 Effective 7/1/2022  26B-1a-104. Duties of the office.  The office shall:  (1) oversee and coordinate department services for Utah's American Indian-Alaska Native populations;     (2) conduct regular and meaningful consultation with Indian tribes when there is a proposed department action that has an impact on an Indian tribe as a sovereign entity;     (3) monitor agreements between the department and Utah's American Indian-Alaska Native populations; and     (4) oversee the health liaison and ICWA liaison.    Enacted by Chapter 245, 2022 General Session  Technically renumbered to avoid duplication of newly enacted Chapter also in SB 45, Chapter 255. 
 Effective 7/1/2022  26B-1a-105. American Indian-Alaska Native Health Liaison -- Appointment -- Duties.    (1)   (a) The executive director shall appoint an individual as the American Indian-Alaska Native Health Liaison.     (b) The health liaison shall serve under the supervision of the director.       (2) The health liaison shall:   (a) promote and coordinate collaborative efforts between the department and Utah's American Indian-Alaska Native population to improve the availability and accessibility of quality health care impacting Utah's American Indian-Alaska Native populations on and off reservations;     (b) interact with the following to improve health disparities for Utah's American Indian-Alaska Native populations:   (i) tribal health programs;     (ii) local health departments;     (iii) state agencies and officials; and     (iv) providers of health care in the private sector;       (c) facilitate education, training, and technical assistance regarding public health and medical assistance programs to Utah's American Indian-Alaska Native populations; and     (d) staff an advisory board by which Utah's tribes may consult with state and local agencies for the development and improvement of public health programs designed to address improved health care for Utah's American Indian-Alaska Native populations on and off the reservation.      Amended by Chapter 245, 2022 General Session, (Coordination Clause)Renumbered and Amended by Chapter 245, 2022 General Session  Technically renumbered to avoid duplication of newly enacted Chapter also in SB 45, Chapter 255. 
 Effective 7/1/2022  26B-1a-106. Indian Child Welfare Act Liaison -- Appointment -- Qualifications -- Duties.    (1)   (a) The executive director shall appoint an individual as the Indian Child Welfare Act Liaison who:   (i) has a bachelor's degree from an accredited university or college; and     (ii) is knowledgeable about the areas of child and family services and Indian tribal child rearing practices.       (b) The ICWA liaison shall serve under the supervision of the director.       (2) The ICWA liaison shall:   (a) act as a liaison between the department and Utah's American Indian populations regarding child and family services;     (b) provide training to department employees regarding the requirements and implementation of the Indian Child Welfare Act, 25 U.S.C. Secs. 1901-1963;     (c) develop and facilitate education and technical assistance programs for Utah's American Indian populations regarding available child and family services;     (d) promote and coordinate collaborative efforts between the department and Utah's American Indian population to improve the availability and accessibility of quality child and family services for Utah's American Indian populations; and     (e) interact with the following to improve delivery and accessibility of child and family services for Utah's American Indian populations:   (i) state agencies and officials; and     (ii) providers of child and family services in the public and private sector.        Amended by Chapter 245, 2022 General Session, (Coordination Clause)Enacted by Chapter 245, 2022 General Session  Technically renumbered for proper placement in Title 26B, Chapter 1a. 
 Effective 7/1/2022  26B-1a-107. Liaison reporting.  The health liaison and the ICWA liaison shall annually report the liaisons' respective activities and accomplishments to the Native American Legislative Liaison Committee created in Section 36-22-1. Enacted by Chapter 245, 2022 General Session  Technically renumbered for proper placement in Title 26B, Chapter 1a. 
 Effective 7/1/2022  26B-2-101. Clinical services -- Reserved. Reserved Enacted by Chapter 255, 2022 General Session
 Effective 7/1/2022  26B-3-101. Licensing and oversight -- Reserved. Reserved Enacted by Chapter 255, 2022 General Session
 Effective 7/1/2022  26B-4-101. Health care administration -- Reserved. Reserved Enacted by Chapter 255, 2022 General Session
 Effective 7/1/2022  26B-5-101. Health care services -- Reserved. Reserved Enacted by Chapter 255, 2022 General Session
 Effective 7/1/2022  26B-6-101. Long-term services and supports -- Reserved. Reserved Enacted by Chapter 255, 2022 General Session
 Effective 7/1/2022  26B-7-101. Public health, prevention, and epidemiology -- Reserved. Reserved Enacted by Chapter 255, 2022 General Session
 Effective 7/1/2022  26B-8-101. Children, youth, and families -- Reserved. Reserved Enacted by Chapter 255, 2022 General Session
 Effective 7/1/2022  26B-9-101. Miscellaneous provisions -- Reserved. Reserved Enacted by Chapter 255, 2022 General Session