UT Code § 26-10-11 (2021)
2021 Utah Code|Title 26 - Utah Health Code|Chapter 10 - Family Health Services|Section 11 - Children's Hearing Aid Program -- Advisory Committee -- Restricted Account -- Rulemaking.

 Effective 5/5/2021  26-10-11. Children's Hearing Aid Program -- Advisory Committee -- Restricted Account -- Rulemaking.    (1) The department shall offer a program to provide hearing aids to children who qualify under this section.     (2) The department shall provide hearing aids to a child who:   (a) is younger than six years old;     (b) is a resident of Utah;     (c) has been diagnosed with hearing loss by:   (i) an audiologist with pediatric expertise; and     (ii) a physician or physician assistant;       (d) provides documentation from an audiologist with pediatric expertise certifying that the child needs hearing aids;     (e) has obtained medical clearance by a medical provider for hearing aid fitting;     (f) does not qualify to receive a contribution that equals the full cost of a hearing aid from the state's Medicaid program or the Utah Children's Health Insurance Program; and     (g) meets the financial need qualification criteria established by the department by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for participation in the program.       (3)   (a) There is established the Children's Hearing Aid Advisory Committee.     (b) The committee shall be composed of five members appointed by the executive director, and shall include:   (i) one audiologist with pediatric expertise;     (ii) one speech language pathologist;     (iii) one teacher, certified under Title 53E, Public Education System -- State Administration, as a teacher of the deaf or a listening and spoken language therapist;     (iv) one ear, nose, and throat specialist; and     (v) one parent whose child:   (A) is six years old or older; and     (B) has hearing loss.         (c) A majority of the members constitutes a quorum.     (d) A vote of the majority of the members, with a quorum present, constitutes an action of the committee.     (e) The committee shall elect a chair from its members.     (f) The committee shall:   (i) meet at least quarterly;     (ii) recommend to the department medical criteria and procedures for selecting children who may qualify for assistance from the account; and     (iii) review rules developed by the department.       (g) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with Sections 63A-3-106 and 63A-3-107 and rules made by the Division of Finance, pursuant to Sections 63A-3-106 and 63A-3-107.     (h) The department shall provide staff to the committee.       (4)   (a) There is created within the General Fund a restricted account known as the "Children's Hearing Aid Program Restricted Account."     (b) The Children's Hearing Aid Program Restricted Account shall consist of:   (i) amounts appropriated to the account by the Legislature; and     (ii) gifts, grants, devises, donations, and bequests of real property, personal property, or services, from any source, or any other conveyance that may be made to the account from private sources.       (c) Upon appropriation, all actual and necessary operating expenses for the committee described in Subsection (3) shall be paid by the account.     (d) Upon appropriation, no more than 9% of the account money may be used for the department's expenses.     (e) If this account is repealed in accordance with Section 63I-1-226, any remaining assets in the account shall be deposited into the General Fund.       (5)   (a) For each child who receives a hearing aid under Subsection (2), the department shall maintain a record of the cost of providing services to the child under this section.     (b) No more than six months after services are provided to a child under this section, the department shall send a letter to the family of the child who received services that includes information regarding:   (i) the total amount paid by the department to provide services to the child under this section; and     (ii) the process by which the family may donate all or part of the amount paid to provide services to the child to fund the Children's Hearing Aid Program.       (c) All donations made under Subsection (6)(c) shall be deposited into the Children's Hearing Aid Program Restricted Account created in Subsection (4)(a).       (6) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish procedures for:   (a) identifying the children who are financially eligible to receive services under the program;     (b) reviewing and paying for services provided to a child under the program; and     (c) an individual to donate to the program all or part of the cost of providing services to a child under this section, without regard to whether the donation is made in response to the letter described in Subsection (5)(b).      Amended by Chapter 50, 2021 General Session