reglab/statecodes huggingface dataset:
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 1 - Human Services Programs and Facilities › Section 109 - Human services program non-discrimination.

Effective 5/3/2023
26B-2-109.
Human services program non-discrimination.
A human services program:
(1) shall perform an individualized assessment when classifying and placing an individual in programs and living environments; and
(2) subject to the office's review and approval, shall create policies and procedures that include:
(a) a description of what constitutes sex and gender based abuse, discrimination, and harassment;
(b) procedures for preventing and reporting abuse, discrimination, and harassment; and
(c) procedures for teaching effective and professional communication with individuals of all sexual orientations and genders.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 1 - Human Services Programs and Facilities › Section 110 - License revocation -- Suspension.

Effective 5/3/2023
26B-2-110.
License revocation -- Suspension.
(1) If a license is revoked, the office may not grant a new license unless:
(a) the human services program provides satisfactory evidence to the office that the conditions upon which revocation was based have been corrected;
(b) the human services program is inspected by the office and found to be in compliance with all provisions of this part and applicable rules;
(c) at least five years have passed since the day on which the licensee is served with final notice that the license is revoked; and
(d) the office determines that the interests of the public will not be jeopardized by granting the license.
(2) The office may suspend a license for no longer than three years.
(3) When a license has been suspended, the office may restore, or restore subject to conditions, the suspended license upon a determination that the:
(a) conditions upon which the suspension was based have been completely or partially corrected; and
(b) interests of the public will not be jeopardized by restoration of the license.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 1 - Human Services Programs and Facilities › Section 111 - Adjudicative proceedings.

Effective 5/3/2023
26B-2-111.
Adjudicative proceedings.
(1) Whenever the office has reason to believe that a licensee is in violation of this part or rules made under this part, the office may commence adjudicative proceedings to determine the legal rights of the licensee by serving notice of agency action in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
(2) A licensee, human services program, or individual may commence adjudicative proceedings, in accordance with Title 63G, Chapter 4, Administrative Procedures Act, regarding all office actions that determine the legal rights, duties, privileges, immunities, or other legal interests of the licensee, human services program, or persons associated with the licensee, including all office actions to grant, deny, place conditions on, revoke, suspend, withdraw, or amend an authority, right, or license under this part.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 1 - Human Services Programs and Facilities › Section 112 - Violations -- Penalties.

Effective 5/3/2023
26B-2-112.
Violations -- Penalties.
(1) As used in this section, "health care provider" means a person licensed to provide health care services under this part.
(2) The office may deny, place conditions on, suspend, or revoke a human services license, if the office finds, related to the human services program:
(a) that there has been a failure to comply with the rules established under this part;
(b) evidence of aiding, abetting, or permitting the commission of any illegal act; or
(c) evidence of conduct adverse to the standards required to provide services and promote public trust, including aiding, abetting, or permitting the commission of abuse, neglect, exploitation, harm, mistreatment, or fraud.
(3) The office may restrict or prohibit new admissions to a human services program, if it finds:
(a) that there has been a failure to comply with rules established under this part;
(b) evidence of aiding, abetting, or permitting the commission of any illegal act; or
(c) evidence of conduct adverse to the standards required to provide services and promote public trust, including aiding, abetting, or permitting the commission of abuse, neglect, exploitation, harm, mistreatment, or fraud.
(4)
(a) The office may assess a fine of up to $500 per violation against a health care provider that violates Section 31A-26-313.
(b) The office shall waive the fine described in Subsection (4)(a) if:
(i) the health care provider demonstrates to the office that the health care provider mitigated and reversed any damage to the insured caused by the health care provider or third party's violation; or
(ii) the insured does not pay the full amount due on the bill that is the subject of the violation, including any interest, fees, costs, and expenses, within 120 days after the day on which the health care provider or third party makes a report to a credit bureau or takes an action in violation of Section 31A-26-313.
(5) If a congregate care program knowingly fails to comply with the provisions of Section 26B-2-124, the office may impose a penalty on the congregate care program that is less than or equal to the cost of care incurred by the state for a private-placement child described in Subsection 26B-2-124(3).
(6) The office shall make rules for calculating the cost of care described in Subsection (5) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 1 - Human Services Programs and Facilities › Section 114 - Injunctive relief and other legal procedures.

Effective 5/3/2023
26B-2-114.
Injunctive relief and other legal procedures.
In addition to, and notwithstanding, any other remedy provided by law the department may, in a manner provided by law and upon the advice of the attorney general, who shall represent the department in the proceedings, maintain an action in the name of the state for injunction or other process against any person or governmental unit to restrain or prevent the establishment, management, or operation of a human services program or facility in violation of this part or rules established under this part.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 1 - Human Services Programs and Facilities › Section 115 - Exclusions from chapter.

Effective 5/3/2023
26B-2-115.
Exclusions from chapter.
The provisions of this part do not apply to:
(1) a facility or program owned or operated by an agency of the United States government;
(2) a facility or program operated by or under an exclusive contract with the Department of Corrections;
(3) unless required otherwise by a contract with the department, individual or group counseling by a mental health professional licensed under Title 58, Chapter 60, Mental Health Professional Practice Act;
(4) a general acute hospital, small health care facility, specialty hospital, nursing care facility, or other health care facility licensed by the department under Part 2, Health Care Facility Licensing and Inspection; or
(5) a boarding school.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 1 - Human Services Programs and Facilities › Section 118 - Request by local government.

Effective 5/3/2023
26B-2-118.
Request by local government.
(1) A local government may request that the office notify the local government of new human services program license applications for human services programs located within the local government's jurisdiction.
(2) Subsection (1) does not apply to foster homes.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 1 - Human Services Programs and Facilities › Section 119 - Residential support program -- Temporary homeless youth shelter.

Effective 5/3/2023
26B-2-119.
Residential support program -- Temporary homeless youth shelter.
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the office shall make rules that establish age-appropriate and gender-appropriate sleeping quarters in temporary homeless youth shelters, as defined in Section 80-5-102, that provide overnight shelter to minors.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 1 - Human Services Programs and Facilities › Section 122 - Access to vulnerable adult abuse and neglect information.

Effective 5/3/2023
26B-2-122.
Access to vulnerable adult abuse and neglect information.
(1) For purposes of this section:
(a) "Direct service worker" means the same as that term is defined in Section 26B-6-401.
(b) "Personal care attendant" means the same as that term is defined in Section 26B-6-401.
(2) With respect to a licensee, a direct service worker, or a personal care attendant, the department may access the database created by Section 26B-6-210 for the purpose of:
(a)
(i) determining whether a person associated with a licensee, with direct access to vulnerable adults, has a supported or substantiated finding of:
(A) abuse;
(B) neglect; or
(C) exploitation; and
(ii) informing a licensee that a person associated with the licensee has a supported or substantiated finding of:
(A) abuse;
(B) neglect; or
(C) exploitation;
(b)
(i) determining whether a direct service worker has a supported or substantiated finding of:
(A) abuse;
(B) neglect; or
(C) exploitation; and
(ii) informing a direct service worker or the direct service worker's employer that the direct service worker has a supported or substantiated finding of:
(A) abuse;
(B) neglect; or
(C) exploitation; or
(c)
(i) determining whether a personal care attendant has a supported or substantiated finding of:
(A) abuse;
(B) neglect; or
(C) exploitation; and
(ii) informing a person described in Subsections 26B-6-401(9)(a)(i) through (iv) that a personal care attendant has a supported or substantiated finding of:
(A) abuse;
(B) neglect; or
(C) exploitation.
(3) The department shall receive and process personal identifying information under Subsection 26B-2-120(1) for the purposes described in Subsection (2).
(4) The department shall adopt rules under Title 63G, Chapter 3, Utah Administrative Rulemaking Act, consistent with this part and Chapter 6, Part 2, Abuse, Neglect, or Exploitation of a Vulnerable Adult, defining the circumstances under which a person may have direct access or provide services to vulnerable adults when the person is listed in the statewide database of the Division of Aging and Adult Services created by Section 26B-6-210 as having a supported or substantiated finding of abuse, neglect, or exploitation.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 1 - Human Services Programs and Facilities › Section 124 - Congregate care program requirements.

Effective 5/3/2023
26B-2-124.
Congregate care program requirements.
(1) As used in this section, "disruption plan" means a child specific plan used:
(a) when the private-placement child stops receiving services from a congregate care program; and
(b) for transporting a private-placement child to a parent or guardian or to another congregate care program.
(2) A congregate care program shall keep the following for a private-placement child whose parent or guardian lives outside the state:
(a) regularly updated contact information for the parent or guardian that lives outside the state; and
(b) a disruption plan.
(3) If a private-placement child whose parent or guardian resides outside the state leaves a congregate care program without following the child's disruption plan, the congregate care program shall:
(a) notify the parent or guardian, office, and local law enforcement authorities;
(b) assist the state in locating the private-placement child; and
(c) after the child is located, transport the private-placement child:
(i) to a parent or guardian;
(ii) back to the congregate care program; or
(iii) to another congregate care program.
(4) This section does not apply to a guardian that is a state or agency.
(5) The office shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, describing:
(a) additional mandatory provisions for a disruption plan; and
(b) how a congregate care program shall notify the office when a private-placement child begins receiving services.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 1 - Human Services Programs and Facilities › Section 125 - Youth transportation company registration.

Effective 5/3/2023
26B-2-125.
Youth transportation company registration.
(1) The office shall establish a registration system for youth transportation companies.
(2) The office shall establish a fee:
(a) under Section 63J-1-504 that does not exceed $500; and
(b) that when paid by all registrants generates sufficient revenue to cover or substantially cover the costs for the creation and maintenance of the registration system.
(3) A youth transportation company shall:
(a) register with the office; and
(b) provide the office:
(i) proof of a business insurance policy that provides at least $1,000,000 in coverage; and
(ii) a valid business license from the state where the youth transportation company is headquartered.
(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the office shall make rules to implement this section.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 1 - Human Services Programs and Facilities › Section 126 - Notification requirement for child-placing agencies that provide foster home services -- Rulemaking authority.

Effective 5/3/2023
26B-2-126.
Notification requirement for child-placing agencies that provide foster home services -- Rulemaking authority.
(1) The office shall require a child-placing agency that provides foster home services to notify a foster parent that if the foster parent signs as the responsible adult for a foster child to receive a driver license under Section 53-3-211:
(a) the foster parent is jointly and severally liable with the minor for civil compensatory damages caused by the minor when operating a motor vehicle upon a highway as provided under Subsections 53-3-211(2) and (4); and
(b) the foster parent may file with the Driver License Division a verified written request that the learner permit or driver license be canceled in accordance with Section 53-3-211 if the foster child no longer resides with the foster parent.
(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the office may make rules establishing the procedures for a child-placing agency to provide the notification required under this section.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 1 - Human Services Programs and Facilities › Section 128 - Numerical limit of foster children in a foster home.

Effective 5/3/2023
26B-2-128.
Numerical limit of foster children in a foster home.
(1) Except as provided in Subsection (2) or (3), no more than:
(a) four foster children may reside in the foster home of a licensed foster parent; or
(b) three foster children may reside in the foster home of a certified foster parent.
(2) When placing a sibling group into a foster home, the limits in Subsection (1) may be exceeded if:
(a) no other foster children reside in the foster home;
(b) only one other foster child resides in the foster home at the time of a sibling group's placement into the foster home; or
(c) a sibling group re-enters foster care and is placed into the foster home where the sibling group previously resided.
(3) When placing a child into a foster home, the limits in Subsection (1) may be exceeded:
(a) to place a child into a foster home where a sibling of the child currently resides; or
(b) to place a child in a foster home where the child previously resided.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 1 - Human Services Programs and Facilities › Section 129 - Licensure of tribal foster homes.

Effective 5/3/2023
26B-2-129.
Licensure of tribal foster homes.
(1) The Indian Child Welfare Act, 25 U.S.C. Secs. 1901-1963, provides that Indian tribes may develop and implement tribal foster home standards.
(2) The office shall give full faith and credit to an Indian tribe's certification or licensure of a tribal foster home for an Indian child and siblings of that Indian child, both on and off Indian country, according to standards developed and approved by the Indian tribe, pursuant to the Indian Child Welfare Act, 25 U.S.C. Secs. 1901-1963.
(3) If the Indian tribe has not developed standards, the office shall license tribal foster homes pursuant to this part.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 1 - Human Services Programs and Facilities › Section 130 - Foster care by a child's relative.

Effective 5/3/2023
26B-2-130.
Foster care by a child's relative.
(1) As used in this section:
(a) "Custody" means the same as that term is defined in Section 80-2-102.
(b) "Relative" means the same as that term is defined in Section 80-3-102.
(c) "Temporary custody" means the same as that term is defined in Section 80-2-102.
(2)
(a) In accordance with state and federal law, the division shall provide for licensure of a child's relative for foster or substitute care, when the child is in the temporary custody or custody of the Division of Child and Family Services.
(b) If it is determined that, under federal law, allowance is made for an approval process requiring less than full foster parent licensure proceedings for a child's relative, the division shall establish an approval process to accomplish that purpose.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 1 - Human Services Programs and Facilities › Section 131 - Child-placing agency responsibility for educational services -- Payment of costs.

Effective 5/3/2023
26B-2-131.
Child-placing agency responsibility for educational services -- Payment of costs.
(1) A child-placing agency shall ensure that the requirements of Subsections 53G-6-202(2) and 53G-6-203(1) are met through the provision of appropriate educational services for all children served in the state by the child-placing agency.
(2)
(a) If the educational services described in Subsection (1) are provided through a public school and the custodial parent or legal guardian resides outside the state, the child-placing agency shall pay all educational costs required under Sections 53G-6-306 and 53G-7-503.
(b) If the educational services described in Subsection (1) are provided through a public school and the custodial parent or legal guardian resides within the state, then the child-placing agency shall pay all educational costs required under Section 53G-7-503.
(3) A child in the custody or under the care of a Utah state agency is exempt from the payment of fees required under Subsection (2).
(4) A public school shall admit any child living within the public school's boundaries who is under the supervision of a child-placing agency upon payment by the child-placing agency of the tuition and fees required under Subsection (2).
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 1 - Human Services Programs and Facilities › Section 132 - Child-placing agency proof of authority in a proceeding.

Effective 5/3/2023
26B-2-132.
Child-placing agency proof of authority in a proceeding.
A child-placing agency is not required to present the child-placing agency's license issued under this part, the child placing agency's certificate of incorporation, or proof of the child-placing agency's authority to consent to adoption, as proof of the child-placing agency's authority in any proceeding in which the child-placing agency is an interested party, unless the court or a party to the proceeding requests that the child-placing agency or the child-placing agency's representative establish proof of authority.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 1 - Human Services Programs and Facilities › Section 133 - Injunctive relief and civil penalty for unlawful child placing -- Enforcement by county attorney or attorney general.

Effective 5/3/2023
26B-2-133.
Injunctive relief and civil penalty for unlawful child placing -- Enforcement by county attorney or attorney general.
(1) The office or another interested person may commence an action in court to enjoin any person, agency, firm, corporation, or association from violating Section 26B-2-127.
(2) The office shall:
(a) solicit information from the public relating to violations of Section 26B-2-127; and
(b) upon identifying a violation of Section 26B-2-127:
(i) send a written notice to the person who violated Section 26B-2-127 that describes the alleged violation; and
(ii) notify the following persons of the alleged violation:
(A) the local county attorney; and
(B) the Division of Professional Licensing.
(3)
(a) A county attorney or the attorney general shall institute legal action as necessary to enforce the provisions of Section 26B-2-127 after being informed of an alleged violation.
(b) If a county attorney does not take action within 30 days after the day on which the county attorney is informed of an alleged violation of Section 26B-2-127, the attorney general may be requested to take action, and shall then institute legal proceedings in place of the county attorney.
(4)
(a) In addition to the remedies provided in Subsections (1) and (3), any person, agency, firm, corporation, or association found to be in violation of Section 26B-2-127 shall forfeit all proceeds identified as resulting from the transaction, and may also be assessed a civil penalty of not more than $10,000 for each violation.
(b) Each act in violation of Section 26B-2-127, including each placement or attempted placement of a child, is a separate violation.
(5)
(a) The amount recovered as a penalty under Subsection (4) shall be placed in the General Fund of the prosecuting county, or in the state General Fund if the attorney general prosecutes.
(b) If two or more governmental entities are involved in the prosecution, the court shall apportion the penalty among the entities, according to the entities' involvement.
(6) A judgment ordering the payment of any penalty or forfeiture under Subsection (4) is a lien when recorded in the judgment docket, and has the same effect and is subject to the same rules as a judgment for money in a civil action.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 1 - Human Services Programs and Facilities › Section 134 - Obligations of persons providing assessment and treatment services.

Effective 5/3/2023
26B-2-134.
Obligations of persons providing assessment and treatment services.
(1) As used in this section:
(a) "Assessor" means a licensee that provides an assessment as ordered by a court in a criminal case.
(b) "Criminal case" means a case in which a court of justice described in Section 78A-1-101 has ordered an individual to comply with certain terms and conditions of probation related to a criminal offense.
(c) "Licensee" means the same as that term is defined in Section 26B-2-101.
(2)
(a) Except as provided in Subsection (4), an assessor that determines that the individual requires specific treatment shall:
(i) provide the individual a list of all available licensees that provide the treatment; and
(ii) permit the individual to select a licensee described in Subsection (2)(a)(i) with which to complete the treatment.
(b) The list described in Subsection (2)(a)(i) may include the assessor, if the assessor is a licensee that provides the required treatment described in Subsection (2)(a).
(3) Except as provided in Subsection (4), an assessor or other licensee may not solicit defendants as clients on any property that operates as a court of justice as described in Section 78A-1-101.
(4) An assessor that performs services for a problem-solving court approved by the Judicial Council is not required to comply with this section.
Enacted by Chapter 257, 2023 General Session
Technical renumber of section for proper placement in Title and Chapter.
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 2 - Health Care Facility Licensing and Inspection › Section 202 - Duties of department.

Effective 5/3/2023
26B-2-202.
Duties of department.
(1) The department shall:
(a) enforce rules established pursuant to this part;
(b) authorize an agent of the department to conduct inspections of health care facilities pursuant to this part;
(c) collect information authorized by the committee that may be necessary to ensure that adequate health care facilities are available to the public;
(d) collect and credit fees for licenses as free revenue;
(e) collect and credit fees for conducting plan reviews as dedicated credits;
(f)
(i) collect and credit fees for conducting clearance under Sections 26B-2-239 and 26B-2-240; and
(ii) beginning July 1, 2012:
(A) up to $105,000 of the fees collected under Subsection (1)(f)(i) are dedicated credits; and
(B) the fees collected for background checks under Subsection 26B-2-240(6) and Subsection 26B-2-241(4) shall be transferred to the Department of Public Safety to reimburse the Department of Public Safety for its costs in conducting the federal background checks;
(g) designate an executive secretary from within the department to assist the committee in carrying out its powers and responsibilities;
(h) establish reasonable standards for criminal background checks by public and private entities;
(i) recognize those public and private entities that meet the standards established pursuant to Subsection (1)(h); and
(j) provide necessary administrative and staff support to the committee.
(2) The department may:
(a) exercise all incidental powers necessary to carry out the purposes of this part;
(b) review architectural plans and specifications of proposed health care facilities or renovations of health care facilities to ensure that the plans and specifications conform to rules established by the committee; and
(c) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules as necessary to implement the provisions of this part.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 2 - Health Care Facility Licensing and Inspection › Section 203 - Services required -- General acute hospitals -- Specialty Hospitals.

Effective 5/3/2023
26B-2-203.
Services required -- General acute hospitals -- Specialty Hospitals.
(1) General acute hospitals and specialty hospitals shall remain open and be continuously ready to receive patients 24 hours of every day in a year and have an attending medical staff consisting of one or more physicians licensed to practice medicine and surgery under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.
(2) A specialty hospital shall provide on-site all basic services required of a general acute hospital that are needed for the diagnosis, therapy, or rehabilitation offered to or required by patients admitted to or cared for in the facility.
(3)
(a) A home health agency shall provide at least licensed nursing services or therapeutic services directly through the agency employees.
(b) A home health agency may provide additional services itself or under arrangements with another agency, organization, facility, or individual.
(4) Beginning January 1, 2023, a hospice program shall provide at least one qualified medical provider, as that term is defined in Section 26B-4-201, for the treatment of hospice patients.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 2 - Health Care Facility Licensing and Inspection › Section 205 - Exempt facilities.

Effective 5/3/2023
26B-2-205.
Exempt facilities.
This part does not apply to:
(1) a dispensary or first aid facility maintained by any commercial or industrial plant, educational institution, or convent;
(2) a health care facility owned or operated by an agency of the United States;
(3) the office of a physician, physician assistant, or dentist whether it is an individual or group practice;
(4) a health care facility established or operated by any recognized church or denomination for the practice of religious tenets administered by mental or spiritual means without the use of drugs, whether gratuitously or for compensation, if it complies with statutes and rules on environmental protection and life safety;
(5) any health care facility owned or operated by the Department of Corrections, created in Section 64-13-2; and
(6) a residential facility providing 24-hour care:
(a) that does not employ direct care staff;
(b) in which the residents of the facility contract with a licensed hospice agency to receive end-of-life medical care; and
(c) that meets other requirements for an exemption as designated by administrative rule.
Amended by Chapter 301, 2023 General Session
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 2 - Health Care Facility Licensing and Inspection › Section 206 - License required -- Not assignable or transferable -- Posting -- Expiration and renewal -- Time for compliance by operating facilities.

Effective 5/3/2023
26B-2-206.
License required -- Not assignable or transferable -- Posting -- Expiration and renewal -- Time for compliance by operating facilities.
(1)
(a) A person or governmental unit acting severally or jointly with any other person or governmental unit, may not establish, conduct, or maintain a health care facility in this state without receiving a license from the department as provided by this part and the rules adopted pursuant to this part .
(b) This Subsection (1) does not apply to facilities that are exempt under Section 26B-2-205.
(2) A license issued under this part is not assignable or transferable.
(3) The current license shall at all times be posted in each health care facility in a place readily visible and accessible to the public.
(4)
(a) The department may issue a license for a period of time not to exceed 24 months from the date of issuance for health care facilities that meet the provisions of this part and department rules adopted pursuant to this part.
(b) Each license expires at midnight on the day designated on the license as the expiration date, unless previously revoked by the department.
(c) The license shall be renewed upon completion of the application requirements, unless the department finds the health care facility has not complied with the provisions of this part or the rules adopted pursuant to this part.
(5) A license may be issued under this section only for the operation of a specific facility at a specific site by a specific person.
(6) Any health care facility in operation at the time of adoption of any applicable rules as provided under this part shall be given a reasonable time for compliance as determined by the committee.
Amended by Chapter 301, 2023 General Session
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 2 - Health Care Facility Licensing and Inspection › Section 207 - Application for license -- Information required -- Public records.

Effective 5/3/2023
26B-2-207.
Application for license -- Information required -- Public records.
(1) An application for license shall be made to the department in a form prescribed by the department. The application and other documentation requested by the department as part of the application process shall require such information as the committee determines necessary to ensure compliance with established rules.
(2) Information received by the department in reports and inspections shall be public records, except the information may not be disclosed if it directly or indirectly identifies any individual other than the owner or operator of a health facility (unless disclosure is required by law) or if its disclosure would otherwise constitute an unwarranted invasion of personal privacy.
(3) Information received by the department from a health care facility, pertaining to that facility's accreditation by a voluntary accrediting organization, shall be private data except for a summary prepared by the department related to licensure standards.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 2 - Health Care Facility Licensing and Inspection › Section 208 - Violations -- Denial or revocation of license -- Restricting or prohibiting new admissions -- Monitor.

Effective 5/3/2023
26B-2-208.
Violations -- Denial or revocation of license -- Restricting or prohibiting new admissions -- Monitor.
(1) If the department finds a violation of this part or any rules adopted pursuant to this part the department may take one or more of the following actions:
(a) serve a written statement of violation requiring corrective action, which shall include time frames for correction of all violations;
(b) subject to Subsection (2), deny or revoke a license if it finds:
(i) there has been a failure to comply with the rules established pursuant to this part;
(ii) evidence of aiding, abetting, or permitting the commission of any illegal act; or
(iii) conduct adverse to the public health, morals, welfare, and safety of the people of the state;
(c) restrict or prohibit new admissions to a health care facility or revoke the license of a health care facility for:
(i) violation of any rule adopted under this part; or
(ii) permitting, aiding, or abetting the commission of any illegal act in the health care facility;
(d) place a department representative as a monitor in the facility until corrective action is completed;
(e) assess to the facility the cost incurred by the department in placing a monitor;
(f) assess an administrative penalty as allowed by Subsection 26B-1-224(1)(a); or
(g) issue a cease and desist order to the facility.
(2) If the department finds that an abortion has been performed in violation of Section 76-7-314 or 76-7a-201, the department shall deny or revoke the license.
Amended by Chapter 301, 2023 General Session
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 2 - Health Care Facility Licensing and Inspection › Section 209 - Failure to follow certain health care claims practices -- Penalties.

Effective 5/3/2023
26B-2-209.
Failure to follow certain health care claims practices -- Penalties.
(1) The department may assess a fine of up to $500 per violation against a health care facility that violates Section 31A-26-313.
(2) The department shall waive the fine described in Subsection (1) if:
(a) the health care facility demonstrates to the department that the health care facility mitigated and reversed any damage to the insured caused by the health care facility or third party's violation; or
(b) the insured does not pay the full amount due on the bill that is the subject of the violation, including any interest, fees, costs, and expenses, within 120 days after the day on which the health care facility or third party makes a report to a credit bureau or takes an action in violation of Section 31A-26-313.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 2 - Health Care Facility Licensing and Inspection › Section 210 - Issuance of new license after revocation -- Restoration.

Effective 5/3/2023
26B-2-210.
Issuance of new license after revocation -- Restoration.
(1) If a license is revoked, the department may issue a new license only after it determines by inspection that the facility has corrected the conditions that were the basis of revocation and that the facility complies with all provisions of this part and applicable rules.
(2) If the department does not renew a license because of noncompliance with the provisions of this part or the rules adopted under this part, the department may issue a new license only after the facility complies with all renewal requirements and the department determines that the interests of the public will not be jeopardized.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 2 - Health Care Facility Licensing and Inspection › Section 211 - License issued to facility in compliance or substantial compliance with part and rules.

Effective 5/3/2023
26B-2-211.
License issued to facility in compliance or substantial compliance with part and rules.
(1) The department shall issue a standard license for a health care facility which is found to be in compliance with the provisions of this part and with all applicable rules adopted by the committee.
(2) The department may issue a provisional or conditional license for a health care facility which is in substantial compliance if the interests of the public will not be jeopardized.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 2 - Health Care Facility Licensing and Inspection › Section 212 - Intermediate care facilities for people with an intellectual disability -- Licensing.

Effective 5/3/2023
26B-2-212.
Intermediate care facilities for people with an intellectual disability -- Licensing.
(1)
(a) It is the Legislature's intent that a person with a developmental disability be provided with an environment and surrounding that, as closely as possible, resembles small community-based, homelike settings, to allow those persons to have the opportunity, to the maximum extent feasible, to exercise their full rights and responsibilities as citizens.
(b) It is the Legislature's purpose, in enacting this section, to provide assistance and opportunities to enable a person with a developmental disability to achieve the person's maximum potential through increased independence, productivity, and integration into the community.
(2) After July 1, 1990, the department may only license intermediate care beds for people with an intellectual disability in small health care facilities.
(3) The department may define by rule "small health care facility" for purposes of licensure under this section and adopt rules necessary to carry out the requirements and purposes of this section.
(4) This section does not apply to the renewal of a license or the licensure to a new owner of any facility that was licensed on or before July 1, 1990, and that licensure has been maintained without interruption.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 2 - Health Care Facility Licensing and Inspection › Section 213 - Rural hospital -- Optional service designation.

Effective 5/3/2023
26B-2-213.
Rural hospital -- Optional service designation.
(1) The Legislature finds that:
(a) the rural citizens of this state need access to hospitals and primary care clinics;
(b) financial stability of remote-rural hospitals and their integration into remote-rural delivery networks is critical to ensure the continued viability of remote-rural health care; and
(c) administrative simplicity is essential for providing large benefits to small-scale remote-rural providers who have limited time and resources.
(2) After July 1, 1995, the department may grant variances to remote-rural acute care hospitals for specific services currently required for licensure under general hospital standards established by department rule.
(3) For purposes of this section, "remote-rural hospitals" are hospitals that are in a county with less than 20 people per square mile.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 2 - Health Care Facility Licensing and Inspection › Section 214 - Closing facility -- Appeal.

Effective 5/3/2023
26B-2-214.
Closing facility -- Appeal.
(1) If the department finds a condition in any licensed health care facility that is a clear hazard to the public health, the department may immediately order that facility closed and may prevent the entrance of any resident or patient onto the premises of that facility until the condition is eliminated.
(2) Parties aggrieved by the actions of the department under this section may obtain an adjudicative proceeding and judicial review.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 2 - Health Care Facility Licensing and Inspection › Section 215 - Action by department for injunction.

Effective 5/3/2023
26B-2-215.
Action by department for injunction.
Notwithstanding the existence of any other remedy, the department may, in the manner provided by law, upon the advice of the attorney general, who shall represent the department in the proceedings, maintain an action in the name of the state for injunction or other process against any person or governmental unit to restrain or prevent the establishment, conduct, management, or operation of a health care facility which is in violation of this part or rules adopted by the committee.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 2 - Health Care Facility Licensing and Inspection › Section 216 - Operating facility in violation of part a misdemeanor.

Effective 5/3/2023
26B-2-216.
Operating facility in violation of part a misdemeanor.
In addition to the penalties in Section 26B-1-224, any person owning, establishing, conducting, maintaining, managing, or operating a health care facility in violation of this part is guilty of a class A misdemeanor.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 2 - Health Care Facility Licensing and Inspection › Section 217 - Department agency of state to contract for certification of facilities under Social Security Act.

Effective 5/3/2023
26B-2-217.
Department agency of state to contract for certification of facilities under Social Security Act.
The department is the sole agency of the state authorized to enter into a contract with the United States government for the certification of health care facilities under Title XVIII and Title XIX of the Social Security Act, and any amendments thereto.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 2 - Health Care Facility Licensing and Inspection › Section 218 - Life and Health Insurance Guaranty Association Act not amended.

Effective 5/3/2023
26B-2-218.
Life and Health Insurance Guaranty Association Act not amended.
The provisions of this part do not amend, affect, or alter the provisions of Title 31A, Chapter 28, Guaranty Associations.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 2 - Health Care Facility Licensing and Inspection › Section 219 - Requirement for hospitals to provide statements of itemized charges to patients.

Effective 5/3/2023
26B-2-219.
Requirement for hospitals to provide statements of itemized charges to patients.
(1) As used in this section, "hospital" includes:
(a) an ambulatory surgical facility;
(b) a general acute hospital; and
(c) a specialty hospital.
(2) A hospital shall provide a statement of itemized charges to any patient receiving medical care or other services from that hospital.
(3)
(a) The statement shall be provided to the patient or the patient's personal representative or agent at the hospital's expense, personally, by mail, or by verifiable electronic delivery after the hospital receives an explanation of benefits from a third party payer which indicates the patient's remaining responsibility for the hospital charges.
(b) If the statement is not provided to a third party, it shall be provided to the patient as soon as possible and practicable.
(4) The statement required by this section:
(a) shall itemize each of the charges actually provided by the hospital to the patient;
(b)
(i) shall include the words in bold "THIS IS THE BALANCE DUE AFTER PAYMENT FROM YOUR HEALTH INSURER"; or
(ii) shall include other appropriate language if the statement is sent to the patient under Subsection (3)(b); and
(c) may not include charges of physicians who bill separately.
(5) The requirements of this section do not apply to patients who receive services from a hospital under Title XIX of the Social Security Act.
(6) Nothing in this section prohibits a hospital from sending an itemized billing statement to a patient before the hospital has received an explanation of benefits from an insurer. If a hospital provides a statement of itemized charges to a patient prior to receiving the explanation of benefits from an insurer, the itemized statement shall be marked in bold: "DUPLICATE: DO NOT PAY" or other appropriate language.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 2 - Health Care Facility Licensing and Inspection › Section 220 - Authentication of medical records.

Effective 5/3/2023
26B-2-220.
Authentication of medical records.
Any entry in a medical record compiled or maintained by a health care facility may be authenticated by identifying the author of the entry by:
(1) a signature including first initial, last name, and discipline; or
(2) the use of a computer identification process unique to the author that definitively identifies the author.
Renumbered and Amended by Chapter 305, 2023 General Session