reglab/housing_qa huggingface dataset:
UT Code § 26-33a-117 (2021)
2021 Utah Code|Title 26 - Utah Health Code|Chapter 33a - Utah Health Data Authority Act|Section 117 - Identifying potential overuse of non-evidence-based health care.

 Affected by 63I-1-226 on 12/31/2023  Effective 5/12/2020  26-33a-117. Identifying potential overuse of non-evidence-based health care.    (1) The department shall, in accordance with Title 63G, Chapter 6a, Utah Procurement Code, contract with an entity to provide a nationally-recognized health waste calculator that:   (a) uses principles such as the principles of the Choosing Wisely initiative of the American Board of Internal Medicine Foundation; and     (b) is approved by the committee.       (2) The department shall use the calculator described in Subsection (1) to:   (a) analyze the data in the state's All Payer Claims Database; and     (b) flag data entries that the calculator identifies as potential overuse of non-evidence-based health care.       (3) The department, or a third party organization that the department contracts with in accordance with Title 63G, Chapter 6a, Utah Procurement Code, shall:   (a) analyze the data described in Subsection (2)(b);     (b) review current scientific literature about medical services that are best practice;     (c) review current scientific literature about eliminating duplication in health care;     (d) solicit input from Utah health care providers, health systems, insurers, and other stakeholders regarding duplicative health care quality initiatives and instances of non-alignment in metrics used to measure health care quality that are required by different health systems;     (e) solicit input from Utah health care providers, health systems, insurers, and other stakeholders on methods to avoid overuse of non-evidence-based health care; and     (f) present the results of the analysis, research, and input described in Subsections (3)(a) through (e) to the committee.       (4) The committee shall:   (a) make recommendations for action and opportunities for improvement based on the results described in Subsection (3)(f);     (b) make recommendations on methods to bring into alignment the various health care quality metrics different entities in the state use; and     (c) identify priority issues and recommendations to include in an annual report.       (5) The department, or the third party organization described in Subsection (3) shall:   (a) compile the report described in Subsection (4)(c); and     (b) submit the report to the committee for approval.       (6) Beginning in 2021, on or before November 1 each year, the department shall submit the report approved in Subsection (5)(b) to the Health and Human Services Interim Committee.    Enacted by Chapter 181, 2020 General Session
UT Code § 26-34-1 (2021)
2021 Utah Code|Title 26 - Utah Health Code|Chapter 34 - Uniform Determination of Death Act|Section 1 - Short title.

26-34-1. Short title.  This act is known as the "Uniform Determination of Death Act."  Enacted by Chapter 276, 1989 General Session
UT Code § 26-34-2 (2021)
2021 Utah Code|Title 26 - Utah Health Code|Chapter 34 - Uniform Determination of Death Act|Section 2 - Definition of death -- Determination of death.

 Effective 5/12/2020  26-34-2. Definition of death -- Determination of death.    (1) An individual is dead if the individual has sustained either:   (a) irreversible cessation of circulatory and respiratory functions; or     (b) irreversible cessation of all functions of the entire brain, including the brain stem.       (2) A determination of death shall be made in accordance with this chapter and accepted medical standards.    Amended by Chapter 353, 2020 General Session
UT Code § 26-34-4 (2021)
2021 Utah Code|Title 26 - Utah Health Code|Chapter 34 - Uniform Determination of Death Act|Section 4 - Determination of death made by registered nurse.

 Effective 5/12/2020  26-34-4. Determination of death made by registered nurse.    (1) As used in this section:   (a) "Health care facility" means the same as that term is defined in Section 26-21-2.     (b) "Physician" means a physician licensed under:   (i)Title 58, Chapter 67, Utah Medical Practice Act; or     (ii)Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.       (c) "Registered nurse" means a registered nurse licensed under Title 58, Chapter 31b, Nurse Practice Act.       (2) A registered nurse may make a determination of death of an individual if:   (a) an attending physician has:   (i) documented in the individual's medical or clinical record that the individual's death is anticipated due to illness, infirmity, or disease no later than 180 days after the day on which the physician makes the documentation; and     (ii) established clear assessment procedures for determining death;       (b) the death actually occurs within the 180-day period described in Subsection (2)(a); and     (c) at the time of the documentation described in Subsection (2)(a), the physician authorized the following, in writing, to make the determination of death:   (i) one or more specific registered nurses; or     (ii) if the individual is in a health care facility that has complied with Subsection (5), all registered nurses that the facility employs.         (3) A registered nurse who has determined death under this section shall:   (a) document the clinical criteria for the determination in the individual's medical or clinical record;     (b) notify the physician described in Subsection (2); and     (c) ensure that the death certificate includes:   (i) the name of the deceased;     (ii) the presence of a contagious disease, if known; and     (iii) the date and time of death.         (4) Except as otherwise provided by law or rule, a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, shall certify a determination of death described in Subsection (3) within 24 hours after the registered nurse makes the determination of death.     (5)   (a) For a health care facility to be eligible for a general authorization described in Subsection (2)(c), the facility shall adopt written policies and procedures that provide for the determination of death by a registered nurse under this section.     (b) A registered nurse that a health care facility employs may not make a determination of death under this section unless the facility has adopted the written policies and procedures described in Subsection (5)(a).       (6) The department may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to ensure the appropriate determination of death under this section.    Enacted by Chapter 353, 2020 General Session
UT Code § 26-35a-101 (2021)
2021 Utah Code|Title 26 - Utah Health Code|Chapter 35a - Nursing Care Facility Assessment Act|Section 101 - Title.

26-35a-101. Title.  This chapter is known as the "Nursing Care Facility Assessment Act."  Enacted by Chapter 284, 2004 General Session
UT Code § 26-35a-102 (2021)
2021 Utah Code|Title 26 - Utah Health Code|Chapter 35a - Nursing Care Facility Assessment Act|Section 102 - Legislative findings.

26-35a-102. Legislative findings.    (1) The Legislature finds that there is an important state purpose to improve the quality of care given to persons who are elderly and to people who have a disability, in long-term care nursing facilities.     (2) The Legislature finds that in order to improve the quality of care to those persons described in Subsection (1), the rates paid to the nursing care facilities by the Medicaid program must be adequate to encourage and support quality care.     (3) The Legislature finds that in order to meet the objectives in Subsections (1) and (2), adequate funding must be provided to increase the rates paid to nursing care facilities providing services pursuant to the Medicaid program.    Amended by Chapter 366, 2011 General Session
UT Code § 26-35a-103 (2021)
2021 Utah Code|Title 26 - Utah Health Code|Chapter 35a - Nursing Care Facility Assessment Act|Section 103 - Definitions.

 Effective 5/8/2018  26-35a-103. Definitions.  As used in this chapter:  (1)   (a) "Nursing care facility" means:   (i) a nursing care facility described in Subsection 26-21-2(17);     (ii) beginning January 1, 2006, a designated swing bed in:   (A) a general acute hospital as defined in Subsection 26-21-2(11); and     (B) a critical access hospital which meets the criteria of 42 U.S.C. Sec. 1395i-4(c)(2) (1998); and       (iii) an intermediate care facility for people with an intellectual disability that is licensed under Section 26-21-13.5.       (b) "Nursing care facility" does not include:   (i) the Utah State Developmental Center;     (ii) the Utah State Hospital;     (iii) a general acute hospital, specialty hospital, or small health care facility as defined in Section 26-21-2; or     (iv) a Utah State Veterans Home.         (2) "Patient day" means each calendar day in which an individual patient is admitted to the nursing care facility during a calendar month, even if on a temporary leave of absence from the facility.    Amended by Chapter 39, 2018 General Session
UT Code § 26-35a-104 (2021)
2021 Utah Code|Title 26 - Utah Health Code|Chapter 35a - Nursing Care Facility Assessment Act|Section 104 - Collection, remittance, and payment of nursing care facilities assessment.

 Effective 7/1/2017  26-35a-104. Collection, remittance, and payment of nursing care facilities assessment.    (1)   (a) Beginning July 1, 2004, an assessment is imposed upon each nursing care facility in the amount designated in Subsection (1)(c).     (b)   (i) The department shall establish by rule, a uniform rate per non-Medicare patient day that may not exceed 6% of the total gross revenue for services provided to patients of all nursing care facilities licensed in this state.     (ii) For purposes of Subsection (1)(b)(i), total revenue does not include charitable contribution received by a nursing care facility.       (c) The department shall calculate the assessment imposed under Subsection (1)(a) by multiplying the total number of patient days of care provided to non-Medicare patients by the nursing care facility, as provided to the department pursuant to Subsection (3)(a), by the uniform rate established by the department pursuant to Subsection (1)(b).       (2)   (a) The assessment imposed by this chapter is due and payable on a monthly basis on or before the last day of the month next succeeding each monthly period.     (b) The collecting agent for this assessment shall be the department which is vested with the administration and enforcement of this chapter, including the right to audit records of a nursing care facility related to patient days of care for the facility.     (c) The department shall forward proceeds from the assessment imposed by this chapter to the state treasurer for deposit in the expendable special revenue fund as specified in Section 26-35a-106.       (3) Each nursing care facility shall, on or before the end of the month next succeeding each calendar monthly period, file with the department:   (a) a report which includes:   (i) the total number of patient days of care the facility provided to non-Medicare patients during the preceding month;     (ii) the total gross revenue the facility earned as compensation for services provided to patients during the preceding month; and     (iii) any other information required by the department; and       (b) a return for the monthly period, and shall remit with the return the assessment required by this chapter to be paid for the period covered by the return.       (4) Each return shall contain information and be in the form the department prescribes by rule.     (5) The assessment as computed in the return is an allowable cost for Medicaid reimbursement purposes.     (6) The department may by rule, extend the time for making returns and paying the assessment.     (7) Each nursing care facility that fails to pay any assessment required to be paid to the state, within the time required by this chapter, or that fails to file a return as required by this chapter, shall pay, in addition to the assessment, penalties and interest as provided in Section 26-35a-105.    Amended by Chapter 443, 2017 General Session
UT Code § 26-35a-105 (2021)
2021 Utah Code|Title 26 - Utah Health Code|Chapter 35a - Nursing Care Facility Assessment Act|Section 105 - Penalties and interest.

26-35a-105. Penalties and interest.    (1) The penalty for failure to file a return or pay the assessment due within the time prescribed by this chapter is the greater of $50, or 1% of the assessment due on the return.     (2) For failure to pay within 30 days of a notice of deficiency of assessment required to be paid, the penalty is the greater of $50 or 5% of the assessment due.     (3) The penalty for underpayment of the assessment is as follows:   (a) If any underpayment of assessment is due to negligence, the penalty is 25% of the underpayment.     (b) If the underpayment of the assessment is due to intentional disregard of law or rule, the penalty is 50% of the underpayment.       (4) For intent to evade the assessment, the penalty is 100% of the underpayment.     (5) The rate of interest applicable to an underpayment of an assessment under this chapter or an unpaid penalty under this chapter is 12% annually.     (6) The department may waive the imposition of a penalty for good cause.    Enacted by Chapter 284, 2004 General Session
UT Code § 26-35a-106 (2021)
2021 Utah Code|Title 26 - Utah Health Code|Chapter 35a - Nursing Care Facility Assessment Act|Section 106 - Nursing Care Facilities Provider Assessment Expendable Revenue Fund -- Creation -- Deposits -- Uses.

 Effective 7/1/2017  26-35a-106. Nursing Care Facilities Provider Assessment Expendable Revenue Fund -- Creation -- Deposits -- Uses.    (1) There is created an expendable special revenue fund known as the "Nursing Care Facilities Provider Assessment Fund" consisting of:   (a) the assessments collected by the department under this chapter;     (b) fines paid by nursing care facilities for excessive Medicare inpatient revenue under Section 26-21-23;     (c) money appropriated or otherwise made available by the Legislature;     (d) any interest earned on the fund; and     (e) penalties levied with the administration of this chapter.       (2) Money in the fund shall only be used by the Medicaid program:   (a) to the extent authorized by federal law, to obtain federal financial participation in the Medicaid program;     (b) to provide the increased level of hospice reimbursement resulting from the nursing care facilities assessment imposed under Section 26-35a-104;     (c) for the Medicaid program to make quality incentive payments to nursing care facilities, subject to approval of a Medicaid state plan amendment to do so by the Centers for Medicare and Medicaid Services within the United States Department of Health and Human Services;     (d) to increase the rates paid before July 1, 2004, to nursing care facilities for providing services pursuant to the Medicaid program; and     (e) for administrative expenses, if the administrative expenses for the fiscal year do not exceed 3% of the money deposited into the fund during the fiscal year.       (3) The department may not spend the money in the fund to replace existing state expenditures paid to nursing care facilities for providing services under the Medicaid program, except for increased costs due to hospice reimbursement under Subsection (2)(b).     Amended by Chapter 443, 2017 General Session
UT Code § 26-35a-107 (2021)
2021 Utah Code|Title 26 - Utah Health Code|Chapter 35a - Nursing Care Facility Assessment Act|Section 107 - Adjustment to nursing care facility Medicaid reimbursement rates.

 Effective 7/1/2017  26-35a-107. Adjustment to nursing care facility Medicaid reimbursement rates.  If federal law or regulation prohibits the money in the Nursing Care Facilities Provider Assessment Fund from being used in the manner set forth in Subsection 26-35a-106(1)(b), the rates paid to nursing care facilities for providing services pursuant to the Medicaid program shall be changed:  (1) except as otherwise provided in Subsection (2), to the rates paid to nursing care facilities on June 30, 2004; or     (2) if the Legislature or the department has on or after July 1, 2004, changed the rates paid to facilities through a manner other than the use of expenditures from the Nursing Care Facilities Provider Assessment Fund, to the rates provided for by the Legislature or the department.    Amended by Chapter 443, 2017 General Session
UT Code § 26-35a-108 (2021)
2021 Utah Code|Title 26 - Utah Health Code|Chapter 35a - Nursing Care Facility Assessment Act|Section 108 - Intermediate care facility for people with an intellectual disability -- Uniform rate.

26-35a-108. Intermediate care facility for people with an intellectual disability -- Uniform rate.  An intermediate care facility for people with an intellectual disability is subject to all the provisions of this chapter, except that the department shall establish a uniform rate for an intermediate care facility for people with an intellectual disability that:  (1) is based on the same formula specified for nursing care facilities under the provisions of Subsection 26-35a-104(1)(b); and     (2) may be different than the uniform rate established for other nursing care facilities.    Amended by Chapter 366, 2011 General Session
UT Code § 26-38-1 (2021)
2021 Utah Code|Title 26 - Utah Health Code|Chapter 38 - Utah Indoor Clean Air Act|Section 1 - Title.

26-38-1. Title.  This chapter is known as the "Utah Indoor Clean Air Act."  Enacted by Chapter 281, 1994 General Session
UT Code § 26-38-3 (2021)
2021 Utah Code|Title 26 - Utah Health Code|Chapter 38 - Utah Indoor Clean Air Act|Section 3 - Restriction on smoking in public places and in specified places -- Exceptions.

26-38-3. Restriction on smoking in public places and in specified places -- Exceptions.    (1) Except as provided in Subsection (2), smoking is prohibited in all enclosed indoor places of public access and publicly owned buildings and offices.     (2) Subsection (1) does not apply to:   (a) areas not commonly open to the public of owner-operated businesses having no employees other than the owner-operator;     (b) guest rooms in hotels, motels, "bed and breakfast" lodging facilities, and other similar lodging facilities, but smoking is prohibited under Subsection (1) in the common areas of these facilities, including dining areas and lobby areas; and     (c) separate enclosed smoking areas:   (i) located in the passenger terminals of an international airport located in the city of the first class;     (ii) vented directly to the outdoors; and     (iii) certified, by a heating, ventilation, and air conditioning engineer licensed by the state, to prevent the drift of any smoke to any nonsmoking area of the terminal.        Amended by Chapter 383, 2009 General Session
UT Code § 26-38-3.5 (2021)
2021 Utah Code|Title 26 - Utah Health Code|Chapter 38 - Utah Indoor Clean Air Act|Section 3.5 - Smoking ban exemption for Native American ceremony.

26-38-3.5. Smoking ban exemption for Native American ceremony.    (1) A person is exempt from the restrictions of Section 26-38-3 if the person:   (a) is a member of an American Indian tribe whose members are recognized as eligible for the special programs and services provided by the United States to American Indians who are members of those tribes;     (b) is an American Indian who actively practices an American Indian religion, the origin and interpretation of which is from a traditional American Indian culture;     (c) is smoking tobacco using the traditional pipe of an American Indian tribal religious ceremony, of which tribe the person is a member, and is smoking the pipe as part of that ceremony; and     (d) the ceremony is conducted by a pipe carrier, Indian spiritual person, or medicine person recognized by the tribe of which the person is a member and the Indian community.       (2) This section takes precedence over Section 26-38-3.     (3) A religious ceremony using a traditional pipe under this section is subject to any applicable state or local law, except as provided in this section.    Enacted by Chapter 125, 1995 General Session
UT Code § 26-38-6 (2021)
2021 Utah Code|Title 26 - Utah Health Code|Chapter 38 - Utah Indoor Clean Air Act|Section 6 - Local ordinances.

26-38-6. Local ordinances.    (1) This chapter supersedes any ordinance enacted by the governing body of a political subdivision that restricts smoking in a place of public access as defined in Section 26-38-2 and that is not essentially identical to the provisions of this chapter.     (2) This chapter does not supersede an ordinance enacted by the governing body of a political subdivision that restricts smoking in outdoor places of public access which are owned or operated by:   (a) a political subdivision as defined in Section 17B-1-102;     (b) a state institution of higher education; or     (c) a state institution of public education.      Amended by Chapter 44, 2007 General Session
UT Code § 26-38-7 (2021)
2021 Utah Code|Title 26 - Utah Health Code|Chapter 38 - Utah Indoor Clean Air Act|Section 7 - Enforcement action by proprietors.

26-38-7. Enforcement action by proprietors.    (1) An owner or the agent or employee of the owner of a place where smoking is prohibited under Subsection 26-38-3(1) who observes a person smoking in apparent violation of this chapter shall request the person to stop smoking.     (2) If the person fails to comply, the proprietor or the agent or employee of the proprietor shall ask the person to leave the premises.    Amended by Chapter 171, 2012 General Session
UT Code § 26-38-8 (2021)
2021 Utah Code|Title 26 - Utah Health Code|Chapter 38 - Utah Indoor Clean Air Act|Section 8 - Penalties.

26-38-8. Penalties.    (1) A first violation of Section 26-38-3 is subject to a civil penalty of not more than $100.     (2) Any second or subsequent violation of Section 26-38-3 is subject to a civil penalty of not less than $100 and not more than $500.    Amended by Chapter 218, 2010 General Session
UT Code § 26-38-9 (2021)
2021 Utah Code|Title 26 - Utah Health Code|Chapter 38 - Utah Indoor Clean Air Act|Section 9 - Enforcement of chapter.

26-38-9. Enforcement of chapter.    (1) The state Department of Health and local health departments shall:   (a) enforce this chapter and shall coordinate their efforts to promote the most effective enforcement of this chapter; and     (b) impose the penalties under Section 26-38-8 in accordance with this section.       (2) When enforcing this chapter, the state Department of Health and the local health departments shall notify persons of alleged violations of this chapter, conduct hearings, and impose penalties in accordance with Title 63G, Chapter 4, Administrative Procedures Act.     (3) Civil penalties collected under this section by:   (a) a local health department shall be paid to the treasurer of the county in which the violation was committed; and     (b) the state Department of Health shall be deposited in the General Fund.      Amended by Chapter 382, 2008 General Session
UT Code § 26-40-101 (2021)
2021 Utah Code|Title 26 - Utah Health Code|Chapter 40 - Utah Children's Health Insurance Act|Section 101 - Title.

26-40-101. Title.  This chapter is known as the "Utah Children's Health Insurance Act."  Enacted by Chapter 360, 1998 General Session
UT Code § 26-40-102 (2021)
2021 Utah Code|Title 26 - Utah Health Code|Chapter 40 - Utah Children's Health Insurance Act|Section 102 - Definitions.

 Effective 5/14/2019  26-40-102. Definitions.  As used in this chapter:  (1) "Child" means a person who is under 19 years of age.     (2) "Eligible child" means a child who qualifies for enrollment in the program as provided in Section 26-40-105.     (3) "Member" means a child enrolled in the program.     (4) "Plan" means the department's plan submitted to the United States Department of Health and Human Services pursuant to 42 U.S.C. Sec. 1397ff.     (5) "Program" means the Utah Children's Health Insurance Program created by this chapter.    Amended by Chapter 393, 2019 General Session