reglab/statecodes huggingface dataset:
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 2 - Department of Health and Human Services › Section 234 - Handling of child sexual abuse material.

Effective 5/3/2023
26B-1-234.
Handling of child sexual abuse material.
(1) As used in this section:
(a) "Child sexual abuse material" means the same as that term is defined in Section 76-5b-103.
(b) "Secure" means to prevent and prohibit access, electronic upload, transmission, or transfer of an image.
(2) The department or a division within the department may not retain child sexual abuse material longer than is necessary to comply with the requirements of this section.
(3) When the department or a division within the department obtains child sexual abuse material as a result of an employee unlawfully viewing child sexual abuse material, the department or division shall consult with and follow the guidance of the Division of Human Resource Management regarding personnel action and local law enforcement regarding retention of the child sexual abuse material.
(4) When the department or a division within the department obtains child sexual abuse material as a result of a report or an investigation, the department or division shall immediately secure the child sexual abuse material, or the electronic device if the child sexual abuse material is digital, and contact the law enforcement office that has jurisdiction over the area where the division's case is located.
Amended by Chapter 231, 2023 General Session
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 2 - Department of Health and Human Services › Section 235 - Request for proposal required for non-state supplied services.

Effective 5/3/2023
26B-1-235.
Request for proposal required for non-state supplied services.
(1) As used in this section:
(a) "AED" means the same as that term is defined in Section 26B-4-325.
(b) "Office" means the Office of Emergency Medical Services and Preparedness within the department.
(c) "Sudden cardiac arrest" means the same as that term is defined in Section 26B-4-325.
(2) Funds provided to the department through Sections 51-9-201 and 59-14-204 to be used to provide services, shall be awarded to non-governmental entities based on a competitive process consistent with Title 63G, Chapter 6a, Utah Procurement Code.
(3) Beginning July 1, 2010, and not more than every five years thereafter, the department shall issue requests for proposals for new or renewing contracts to award funding for programs under Subsection (1).
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 2 - Department of Health and Human Services › Section 237 - Utah Office of Internal Audit.

Effective 5/3/2023
26B-1-237.
Utah Office of Internal Audit.
The Utah Office of Internal Audit:
(1) may not be placed within the division;
(2) shall be placed directly under, and report directly to, the executive director of the Department of Health; and
(3) shall have full access to all records of the division.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 2 - Department of Health and Human Services › Section 241 - Tardive dyskinesia.

Affected by 63I-2-226 on 7/1/2024
Effective 5/3/2023
26B-1-241.
Tardive dyskinesia.
With respect to tardive dyskinesia, the department shall report on the following to the Health and Human Services Interim Committee before November 1, 2023:
(1) resources available to help health care providers, including mental health providers, accurately diagnose and appropriately treat tardive dyskinesia;
(2) resources available to help an individual with tardive dyskinesia, and the individual's caregivers, respond to the functional and social challenges posed by the condition;
(3) options for improving screening, diagnosis, and treatment of tardive dyskinesia, including actions the department may take on behalf of:
(a) residents of the state generally;
(b) Medicaid program enrollees; and
(c) individuals receiving services under a local mental health authority, as defined in Section 26B-5-101; and
(4) the potential costs and benefits of implementing the options reported under Subsection (3).
Enacted by Chapter 295, 2023 General Session
Technical renumber of enacted section for proper placement in Title and Chapter, according to Coordniation Clause and Revisor Instructions.
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 3 - Funds and Accounts › Section 301 - Executive director -- Power to accept funds and gifts.

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
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 3 - Funds and Accounts › Section 302 - National Professional Men's Basketball Team Support of Women and Children Issues Restricted Account.

Affected by 63I-2-226 on 7/1/2024
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
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 3 - Funds and Accounts › Section 304 - Restricted account created to fund drug testing for law enforcement agencies.

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
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 3 - Funds and Accounts › Section 305 - Department of Health and Human Services Transition Restricted Account.

Effective 7/1/2022
Superseded 7/1/2024
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
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 3 - Funds and Accounts › Section 306 - Emergency Medical Services System Account.

Effective 5/3/2023
Superseded 7/1/2024
26B-1-306.
Emergency Medical Services System Account.
(1) There is created within the General Fund a restricted account known as the "Emergency Medical Services System Account."
(2) The account consists of:
(a) interest earned on the account;
(b) appropriations made by the Legislature; and
(c) contributions deposited into the account in accordance with Section 41-1a-230.7.
(3) The department shall use:
(a) an amount equal to 25% of the money in the account for administrative costs related to Chapter 4, Part 1, Utah Emergency Medical Services System;
(b) an amount equal to 75% of the money in the account for grants awarded in accordance with Section 26B-4-107; and
(c) all money received from the revenue source in Subsection (2)(c) for grants awarded in accordance with Section 26B-4-107.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 3 - Funds and Accounts › Section 309 - Medicaid Restricted Account.

Effective 5/3/2023
26B-1-309.
Medicaid Restricted Account.
(1) There is created a restricted account in the General Fund known as the "Medicaid Restricted Account."
(2)
(a) Except as provided in Subsection (3), the following shall be deposited into the Medicaid Restricted Account:
(i) any general funds appropriated to the department for the state plan for medical assistance or for the Division of Health Care Financing that are not expended by the department in the fiscal year for which the general funds were appropriated and which are not otherwise designated as nonlapsing shall lapse into the Medicaid Restricted Account;
(ii) any unused state funds that are associated with the Medicaid program, as defined in Section 26B-3-101, from the Department of Workforce Services; and
(iii) any penalties imposed and collected under:
(A) Section 17B-2a-818.5;
(B) Section 19-1-206;
(C) Section 63A-5b-607;
(D) Section 63C-9-403;
(E) Section 72-6-107.5; or
(F) Section 79-2-404.
(b) The account shall earn interest and all interest earned shall be deposited into the account.
(c) The Legislature may appropriate money in the restricted account to fund programs that expand medical assistance coverage and private health insurance plans to low income persons who have not traditionally been served by Medicaid, including the Utah Children's Health Insurance Program created in Section 26B-3-902.
(3)
(a) For fiscal years 2008-09, 2009-10, 2010-11, 2011-12, and 2012-13 the following funds are nonlapsing:
(i) any general funds appropriated to the department for the state plan for medical assistance, or for the Division of Health Care Financing that are not expended by the department in the fiscal year in which the general funds were appropriated; and
(ii) funds described in Subsection (2)(a)(ii).
(b) For fiscal years 2019-20, 2020-21, 2021-22, and 2022-23, the funds described in Subsections (2)(a)(ii) and (3)(a)(i) are nonlapsing.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 3 - Funds and Accounts › Section 310 - Qualified Patient Enterprise Fund -- Creation -- Revenue neutrality -- Uniform fee.

Effective 7/1/2023
26B-1-310.
Qualified Patient Enterprise Fund -- Creation -- Revenue neutrality -- Uniform fee.
(1) There is created an enterprise fund known as the "Qualified Patient Enterprise Fund."
(2) The fund created in this section is funded from:
(a) money the department deposits into the fund under Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis;
(b) appropriations the Legislature makes to the fund; and
(c) the interest described in Subsection (3).
(3) Interest earned on the fund shall be deposited into the fund.
(4) Money deposited into the fund may only be used by:
(a) the department to accomplish the department's responsibilities described in Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis; and
(b) the Center for Medical Cannabis Research created in Section 53B-17-1402 to accomplish the Center for Medical Cannabis Research's responsibilities.
(5) The department shall set fees authorized under Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis in amounts that the department anticipates are necessary, in total, to cover the department's cost to implement Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis.
(6) The department may impose a uniform fee on each medical cannabis transaction in a medical cannabis pharmacy in an amount that, subject to Subsection (5), the department sets in accordance with Section 63J-1-504.
Amended by Chapter 273, 2023 General Session
Amended by Chapter 281, 2023 General Session
Amended by Chapter 305, 2023 General Session, (Coordination Clause)
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 3 - Funds and Accounts › Section 311 - Creation of Kurt Oscarson Children's Organ Transplant Account.

Effective 5/3/2023
26B-1-311.
Creation of Kurt Oscarson Children's Organ Transplant Account.
(1)
(a) There is created a restricted account within the General Fund known as the "Kurt Oscarson Children's Organ Transplant Account."
(b) Private contributions received under this section and Section 59-10-1308 shall be deposited into the restricted account to be used only for the programs and purposes described in Section 26B-1-411.
(2) Money shall be appropriated from the restricted account to the Kurt Oscarson Children's Organ Transplant Coordinating Committee created in Section 26B-1-411, in accordance with Title 63J, Chapter 1, Budgetary Procedures Act.
(3) In addition to funds received under Section 59-10-1308, the Kurt Oscarson Children's Organ Transplant Coordinating Committee created in Section 26B-1-411 may accept transfers, grants, gifts, bequests, or any money made available from any source to implement the programs and purposes described in Section 26B-1-411.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 3 - Funds and Accounts › Section 312 - Allyson Gamble Organ Donation Contribution Fund created.

Effective 1/1/2024
26B-1-312.
Allyson Gamble Organ Donation Contribution Fund created.
(1)
(a) There is created an expendable special revenue fund known as the Allyson Gamble Organ Donation Contribution Fund.
(b) The Allyson Gamble Organ Donation Contribution Fund shall consist of:
(i) private contributions;
(ii) donations or grants from public or private entities;
(iii) voluntary donations collected under Sections 41-1a-230.5 and 53-3-214.7; and
(iv) interest and earnings on fund money.
(c) The cost of administering the Allyson Gamble Organ Donation Contribution Fund shall be paid from money in the fund.
(2) The department shall:
(a) administer the funds deposited in the Allyson Gamble Organ Donation Contribution Fund; and
(b) select qualified organizations and distribute the funds in the Allyson Gamble Organ Donation Contribution Fund in accordance with Subsection (3).
(3)
(a) The funds in the Allyson Gamble Organ Donation Contribution Fund may be distributed to a selected organization that:
(i) promotes and supports organ donation;
(ii) assists in maintaining and operating a statewide organ donation registry; and
(iii) provides donor awareness education.
(b) An organization that meets the criteria of Subsections (3)(a)(i) through (iii) may apply to the department, in a manner prescribed by the department, to receive a portion of the money contained in the Allyson Gamble Organ Donation Contribution Fund.
(4) The department may expend funds in the account to pay the costs of administering the fund and issuing or reordering the Donate Life support special group license plate and decals.
Amended by Chapter 33, 2023 General Session
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 3 - Funds and Accounts › Section 313 - Cancer Research Restricted Account.

Affected by 63I-2-226 on 7/1/2024
Effective 5/3/2023
26B-1-313.
Cancer Research Restricted Account.
(1) As used in this section, "account" means the Cancer Research Restricted Account created by this section.
(2) There is created in the General Fund a restricted account known as the "Cancer Research Restricted Account."
(3) The account shall be funded by:
(a) contributions deposited into the account in accordance with Section 41-1a-422;
(b) private contributions;
(c) donations or grants from public or private entities; and
(d) interest and earnings on fund money.
(4) 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) have been designated as an official cancer center of the state;
(c) is a National Cancer Institute designated cancer center; and
(d) have as part of its primary mission:
(i) cancer research programs in basic science, translational science, population science, and clinical research to understand cancer from its beginnings; and
(ii) the dissemination and use of knowledge developed by the research described in Subsection (4)(d)(i) for the creation and improvement of cancer detection, treatments, prevention, and outreach programs.
(5)
(a) An organization described in Subsection (4) may apply to the department to receive a distribution in accordance with Subsection (4).
(b) An organization that receives a distribution from the department in accordance with Subsection (4) shall expend the distribution only to conduct cancer research for the purpose of making improvements in cancer treatments, cures, detection, and prevention of cancer at the molecular and genetic levels.
(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 Subsection (4).
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 3 - Funds and Accounts › Section 315 - Medicaid Expansion Fund.

Affected by 63I-1-226 on 7/1/2024
Effective 5/3/2023
26B-1-315.
Medicaid Expansion Fund.
(1) There is created an expendable special revenue fund known as the "Medicaid Expansion Fund."
(2) The fund consists of:
(a) assessments collected under Chapter 3, Part 5, Inpatient Hospital Assessment;
(b) intergovernmental transfers under Section 26B-3-508;
(c) savings attributable to the health coverage improvement program, as defined in Section 26B-3-501, as determined by the department;
(d) savings attributable to the enhancement waiver program, as defined in Section 26B-3-501, as determined by the department;
(e) savings attributable to the Medicaid waiver expansion, as defined in Section 26B-3-501, as determined by the department;
(f) savings attributable to the inclusion of psychotropic drugs on the preferred drug list under Subsection 26B-3-105(3) as determined by the department;
(g) revenues collected from the sales tax described in Subsection 59-12-103(11);
(h) gifts, grants, donations, or any other conveyance of money that may be made to the fund from private sources;
(i) interest earned on money in the fund; and
(j) additional amounts as appropriated by the Legislature.
(3)
(a) The fund shall earn interest.
(b) All interest earned on fund money shall be deposited into the fund.
(4)
(a) A state agency administering the provisions of Chapter 3, Part 5, Inpatient Hospital Assessment, may use money from the fund to pay the costs, not otherwise paid for with federal funds or other revenue sources, of:
(i) the health coverage improvement program as defined in Section 26B-3-501;
(ii) the enhancement waiver program as defined in Section 26B-3-501;
(iii) a Medicaid waiver expansion as defined in Section 26B-3-501; and
(iv) the outpatient upper payment limit supplemental payments under Section 26B-3-511.
(b) A state agency administering the provisions of Chapter 3, Part 5, Inpatient Hospital Assessment, may not use:
(i) funds described in Subsection (2)(b) to pay the cost of private outpatient upper payment limit supplemental payments; or
(ii) money in the fund for any purpose not described in Subsection (4)(a).
Renumbered and Amended by Chapter 305, 2023 General Session
Amended by Chapter 471, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 3 - Funds and Accounts › Section 316 - Hospital Provider Assessment Expendable Revenue Fund.

Effective 5/3/2023
26B-1-316.
Hospital Provider Assessment Expendable Revenue Fund.
(1) There is created an expendable special revenue fund known as the "Hospital Provider Assessment Expendable Revenue Fund."
(2) The fund shall consist of:
(a) the assessments collected by the department under Chapter 3, Part 7, Hospital Provider Assessment;
(b) any interest and penalties levied with the administration of Chapter 3, Part 7, Hospital Provider Assessment; and
(c) any other funds received as donations for the fund and appropriations from other sources.
(3) Money in the fund shall be used:
(a) to support capitated rates consistent with Subsection 26B-3-705(1)(d) for accountable care organizations as defined in Section 26B-3-701;
(b) to implement the quality strategies described in Subsection 26B-3-707(2), except that the amount under this Subsection (3)(b) may not exceed $211,300 in each fiscal year; and
(c) to reimburse money collected by the division from a hospital, as defined in Section 26B-3-701, through a mistake made under Chapter 3, Part 7, Hospital Provider Assessment.
(4)
(a) Subject to Subsection (4)(b), for the fiscal year beginning July 1, 2019, and ending July 1, 2020, any fund balance in excess of the amount necessary to pay for the costs described in Subsection (3) shall be deposited into the General Fund.
(b) Subsection (4)(a) applies only to funds that were appropriated by the Legislature from the General Fund to the fund and the interest and penalties deposited into the fund under Subsection (2)(b).
Renumbered and Amended by Chapter 305, 2023 General Session
Amended by Chapter 495, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 3 - Funds and Accounts › Section 317 - Ambulance Service Provider Assessment Expendable Revenue Fund.

Effective 5/3/2023
26B-1-317.
Ambulance Service Provider Assessment Expendable Revenue Fund.
(1) There is created an expendable special revenue fund known as the "Ambulance Service Provider Assessment Expendable Revenue Fund."
(2) The fund shall consist of:
(a) the assessments collected by the division under Chapter 3, Part 8, Ambulance Service Provider Assessment;
(b) the penalties collected by the division under Chapter 3, Part 8, Ambulance Service Provider Assessment;
(c) donations to the fund; and
(d) appropriations by the Legislature.
(3) Money in the fund shall be used:
(a) to support fee-for-service rates; and
(b) to reimburse money to an ambulance service provider, as defined in Section 26B-3-801, that is collected by the division from the ambulance service provider through a mistake made under Chapter 3, Part 8, Ambulance Service Provider Assessment.
(4)
(a) Subject to Subsection (4)(b), for the fiscal year beginning July 1, 2019, and ending July 1, 2020, any fund balance in excess of the amount necessary to pay for the costs described in Subsection (3) shall be deposited into the General Fund.
(b) Subsection (4)(a) applies only to funds that were appropriated by the Legislature from the General Fund to the fund and the penalties deposited into the fund under Subsection (2)(b).
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 3 - Funds and Accounts › Section 318 - Brain Injury Fund.

Effective 5/3/2023
26B-1-318.
Brain Injury Fund.
(1) There is created an expendable special revenue fund known as the " Brain Injury Fund."
(2) The fund shall consist of:
(a) gifts, grants, donations, or any other conveyance of money that may be made to the fund from private sources; and
(b) additional amounts as appropriated by the Legislature.
(3) The fund shall be administered by the executive director.
(4) Fund money may be used to:
(a) educate the general public and professionals regarding understanding, treatment, and prevention of brain injury;
(b) provide access to evaluations and coordinate short-term care to assist an individual in identifying services or support needs, resources, and benefits for which the individual may be eligible;
(c) develop and support an information and referral system for persons with a brain injury and their families; and
(d) provide grants to persons or organizations to provide the services described in Subsections (4)(a), (b), and (c).
(5) Not less that 50% of the fund shall be used each fiscal year to directly assist individuals who meet the qualifications described in Subsection (6).
(6) An individual who receives services either paid for from the fund, or through an organization under contract with the fund, shall:
(a) be a resident of Utah;
(b) have been diagnosed by a qualified professional as having a brain injury which results in impairment of cognitive or physical function; and
(c) have a need that can be met within the requirements of this section.
(7) The fund may not duplicate any services or support mechanisms being provided to an individual by any other government or private agency.
(8) All actual and necessary operating expenses for the Brain Injury Advisory Committee created in Section 26B-1-417 and staff shall be paid by the fund.
(9) The fund may not be used for medical treatment, long-term care, or acute care.
Renumbered and Amended by Chapter 305, 2023 General Session
Amended by Chapter 335, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 3 - Funds and Accounts › Section 319 - Neuro-Rehabilitation Fund -- Creation -- Administration -- Uses.

Affected by 63I-1-226 on 1/1/2025
Effective 1/1/2024
26B-1-319.
Neuro-Rehabilitation Fund -- Creation -- Administration -- Uses.
(1) As used in this section, a "qualified IRC 501(c)(3) charitable clinic" means a professional medical clinic that:
(a) provides rehabilitation services to individuals in the state:
(i) who have a spinal cord or brain injury that tends to be non-progressive or non-deteriorating; and
(ii) who require post-acute care;
(b) employs licensed therapy clinicians;
(c) has at least five years' experience operating a post-acute care rehabilitation clinic in the state; and
(d) has obtained tax-exempt status under Internal Revenue Code, 26 U.S.C. Sec. 501(c)(3).
(2) There is created an expendable special revenue fund known as the "Neuro-Rehabilitation Fund."
(3) The fund shall consist of:
(a) gifts, grants, donations, or any other conveyance of money that may be made to the fund from private sources;
(b) a portion of the impound fee as designated in Section 41-6a-1406;
(c) the fees collected by the Motor Vehicle Division under Subsections 41-1a-1201(8) and 41-22-8(3); and
(d) amounts appropriated by the Legislature.
(4) The fund shall be administered by the executive director, in consultation with the advisory committee created in Section 26B-1-418.
(5) Fund money shall be used to:
(a) assist one or more qualified IRC 501(c)(3) charitable clinics to provide rehabilitation services to individuals who have a spinal cord or brain injury that tends to be non-progressive or non-deteriorating, including:
(i)
(A) physical, occupational, and speech therapy; and
(B) other services as determined by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, by the advisory committee created in Section 26B-1-418; and
(ii) equipment for use in the qualified charitable clinic; and
(b) pay for operating expenses of the Neuro-Rehabilitation Fund and Pediatric Neuro-Rehabilitation Fund Advisory Committee created in Section 26B-1-418, including the advisory committee's staff.
Amended by Chapter 33, 2023 General Session
Amended by Chapter 212, 2023 General Session
Renumbered and Amended by Chapter 305, 2023 General Session
Amended by Chapter 335, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 3 - Funds and Accounts › Section 320 - Pediatric Neuro-Rehabilitation Fund -- Creation -- Administration -- Uses.

Affected by 63I-1-226 on 1/1/2025
Effective 5/3/2023
26B-1-320.
Pediatric Neuro-Rehabilitation Fund -- Creation -- Administration -- Uses.
(1) As used in this section, a "qualified IRC 501(c)(3) charitable clinic" means a professional medical clinic that:
(a) provides services for children in the state:
(i) with neurological conditions, including:
(A) cerebral palsy; and
(B) spina bifida; and
(ii) who require post-acute care;
(b) employs licensed therapy clinicians;
(c) has at least five years experience operating a post-acute care rehabilitation clinic in the state; and
(d) has obtained tax-exempt status under Internal Revenue Code, 26 U.S.C. Sec. 501(c)(3).
(2) There is created an expendable special revenue fund known as the "Pediatric Neuro-Rehabilitation Fund."
(3) The fund shall consist of:
(a) gifts, grants, donations, or any other conveyance of money that may be made to the fund from private sources; and
(b) amounts appropriated to the fund by the Legislature.
(4) The fund shall be administered by the executive director of the department, in consultation with the advisory committee created in Section 26B-1-418.
(5) Fund money shall be used to:
(a) assist one or more qualified IRC 501(c)(3) charitable clinics to provide physical or occupational therapy to children with neurological conditions; and
(b) pay for operating expenses of the Neuro-Rehabilitation Fund and Pediatric Neuro-Rehabilitation Fund Advisory Committee created by Section 26B-1-418, including the advisory committee's staff.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 3 - Funds and Accounts › Section 322 - Adult Autism Treatment Account.

Effective 5/3/2023
26B-1-322.
Adult Autism Treatment Account.
(1) There is created within the General Fund a restricted account known as the "Adult Autism Treatment Account."
(2) The account consists of:
(a) gifts, grants, donations, or any other conveyance of money that may be made to the account from private sources;
(b) interest earned on money in the account; and
(c) money appropriated to the account by the Legislature.
(3) Money from the account shall be used only to:
(a) fund grants awarded by the department under Section 26B-4-602; and
(b) pay the operating expenses of the Adult Autism Treatment Program Advisory Committee created in Section 26B-1-204, including the cost of advisory committee staff if approved by the executive director.
(4) The state treasurer shall invest the money in the account in accordance with Title 51, Chapter 7, State Money Management Act.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 3 - Funds and Accounts › Section 323 - Out and About Homebound Transportation Assistance Fund -- Creation -- Administration -- Uses.

Effective 5/3/2023
26B-1-323.
Out and About Homebound Transportation Assistance Fund -- Creation -- Administration -- Uses.
(1)
(a) There is created an expendable special revenue fund known as the "Out and About Homebound Transportation Assistance Fund."
(b) The Out and About Homebound Transportation Assistance Fund shall consist of:
(i) private contributions;
(ii) donations or grants from public or private entities;
(iii) voluntary donations collected under Section 53-3-214.8; and
(iv) interest and earnings on account money.
(c) The cost of administering the Out and About Homebound Transportation Assistance Fund shall be paid from money in the fund.
(2) The Division of Aging and Adult Services in the department shall:
(a) administer the funds contained in the Out and About Homebound Transportation Assistance Fund; and
(b) select qualified organizations and distribute the funds in the Out and About Homebound Transportation Assistance Fund in accordance with Subsection (3).
(3)
(a) The division may distribute the funds in the Out and About Homebound Transportation Assistance Fund to a selected organization that provides public transportation to aging persons, high risk adults, or people with disabilities.
(b) An organization that provides public transportation to aging persons, high risk adults, or people with disabilities may apply to the Division of Aging and Adult Services, in a manner prescribed by the division, to receive all or part of the money contained in the Out and About Homebound Transportation Assistance Fund.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 3 - Funds and Accounts › Section 325 - Governor's Suicide Prevention Fund.

Effective 1/1/2024
26B-1-325.
Governor's Suicide Prevention Fund.
(1) There is created an expendable special revenue fund known as the Governor's Suicide Prevention Fund.
(2) The fund shall consist of donations, gifts, grants, and bequests of real property or personal property made to the fund.
(3) A donor to the fund may designate a specific purpose for the use of the donor's donation, if the designated purpose is described in Subsection (4).
(4)
(a) Subject to Subsection (3), money in the fund shall be used for the following activities:
(i) efforts to directly improve mental health crisis response;
(ii) efforts that directly reduce risk factors associated with suicide; and
(iii) efforts that directly enhance known protective factors associated with suicide reduction.
(b) Efforts described in Subsections (4)(a)(ii) and (iii) include the components of the state suicide prevention program described in Subsection 26B-5-611(3).
(5) The Office of Substance Use and Mental Health shall establish a grant application and review process for the expenditure of money from the fund.
(6) The grant application and review process shall describe:
(a) requirements to complete a grant application;
(b) requirements to receive funding;
(c) criteria for the approval of a grant application;
(d) standards for evaluating the effectiveness of a project proposed in a grant application; and
(e) support offered by the office to complete a grant application.
(7) The Office of Substance Use and Mental Health shall:
(a) review a grant application for completeness;
(b) make a recommendation to the governor or the governor's designee regarding a grant application;
(c) send a grant application to the governor or the governor's designee for evaluation and approval or rejection;
(d) inform a grant applicant of the governor or the governor's designee's determination regarding the grant application; and
(e) direct the fund administrator to release funding for grant applications approved by the governor or the governor's designee.
(8) The state treasurer shall invest the money in the fund under Title 51, Chapter 7, State Money Management Act, except that all interest or other earnings derived from money in the fund shall be deposited into the fund.
(9) Money in the fund may not be used for the Office of the Governor's administrative expenses that are normally provided for by legislative appropriation.
(10) The governor or the governor's designee may authorize the expenditure of fund money in accordance with this section.
(11) The governor shall make an annual report to the Legislature regarding the status of the fund, including a report on the contributions received, expenditures made, and programs and services funded.
Amended by Chapter 33, 2023 General Session
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 3 - Funds and Accounts › Section 326 - Suicide Prevention and Education Fund.

Effective 5/3/2023
26B-1-326.
Suicide Prevention and Education Fund.
(1) There is created an expendable special revenue fund known as the Suicide Prevention and Education Fund.
(2) The fund shall consist of funds transferred from the Concealed Weapons Account in accordance with Subsection 53-5-707(5)(d).
(3) Money in the fund shall be used for suicide prevention efforts that include a focus on firearm safety as related to suicide prevention.
(4) The Office of Substance Use and Mental Health shall establish a process by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for the expenditure of money from the fund.
(5) The Office of Substance Use and Mental Health shall make an annual report to the Legislature regarding the status of the fund, including a report detailing amounts received, expenditures made, and programs and services funded.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 3 - Funds and Accounts › Section 327 - Survivors of Suicide Loss Account.

Effective 7/1/2023
26B-1-327.
Survivors of Suicide Loss Account.
(1) As used in this section:
(a)
(i) "Cohabitant" means an individual who lives with another individual.
(ii) "Cohabitant" does not include a relative.
(b) "Relative" means father, mother, husband, wife, son, daughter, sister, brother, grandfather, grandmother, uncle, aunt, nephew, niece, grandson, granddaughter, first cousin, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, or daughter-in-law.
(2) Upon appropriation, the Office of Substance Use and Mental Health shall award grants from the appropriation to a person who provides, for no or minimal cost:
(a) clean-up of property affected or damaged by an individual's suicide, as reimbursement for the costs incurred for the clean-up; and
(b) bereavement services to a relative, legal guardian, or cohabitant of an individual who dies by suicide.
(3) Before November 30 of each year, the Office of Substance Use and Mental Health shall report to the Health and Human Services Interim Committee regarding expenditures made in accordance with this section.
Renumbered and Amended by Chapter 305, 2023 General Session
Amended by Chapter 534, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 3 - Funds and Accounts › Section 329 - Mental Health Services Donation Fund.

Affected by 63I-1-226 on 12/31/2026
Effective 5/3/2023
26B-1-329.
Mental Health Services Donation Fund.
(1) As used in this section:
(a) "Mental health therapist" means the same as that term is defined in Section 58-60-102.
(b) "Mental health therapy" means treatment or prevention of a mental illness, including:
(i) conducting a professional evaluation of an individual's condition of mental health, mental illness, or emotional disorder consistent with standards generally recognized by mental health therapists;
(ii) establishing a diagnosis in accordance with established written standards generally recognized by mental health therapists;
(iii) prescribing a plan or medication for the prevention or treatment of a condition of a mental illness or an emotional disorder; and
(iv) engaging in the conduct of professional intervention, including psychotherapy by the application of established methods and procedures generally recognized by mental health therapists.
(c) "Qualified individual" means an individual who:
(i) is experiencing a mental health crisis; and
(ii) calls a local mental health crisis line as defined in Section 26B-5-610 or the statewide mental health crisis line as defined in Section 26B-5-610.
(2) There is created an expendable special revenue fund known as the "Mental Health Services Donation Fund."
(3)
(a) The fund shall consist of:
(i) gifts, grants, donations, or any other conveyance of money that may be made to the fund from public or private individuals or entities; and
(ii) interest earned on money in the fund.
(b) The Office of Substance Use and Mental Health shall administer the fund in accordance with this section.
(4) The Office of Substance Use and Mental Health shall award fund money to an entity in the state that provides mental health and substance use treatment for the purpose of:
(a) providing through telehealth or in-person services, mental health therapy to qualified individuals;
(b) providing access to evaluations and coordination of short-term care to assist a qualified individual in identifying services or support needs, resources, or benefits for which the qualified individual may be eligible; and
(c) developing a system for a qualified individual and a qualified individual's family to access information and referrals for mental health therapy.
(5) Fund money may only be used for the purposes described in Subsection (4).
(6) The Office of Substance Use and Mental Health shall provide an annual report to the Behavioral Health Crisis Response Commission, created in Section 63C-18-202, regarding:
(a) the entity that is awarded a grant under Subsection (4);
(b) the number of qualified individuals served by the entity with fund money; and
(c) any costs or benefits as a result of the award of the grant.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 3 - Funds and Accounts › Section 330 - Utah State Developmental Center Miscellaneous Donation Fund -- Use.

Effective 5/3/2023
26B-1-330.
Utah State Developmental Center Miscellaneous Donation Fund -- Use.
(1) There is created an expendable special revenue fund known as the "Utah State Developmental Center Miscellaneous Donation Fund."
(2) The Utah State Developmental Center Board created in Section 26B-1-429 shall deposit donations made to the Utah State Developmental Center under Section 26B-1-202 into the expendable special revenue fund described in Subsection (1).
(3) The state treasurer shall invest the money in the fund described in Subsection (1) according to the procedures and requirements of Title 51, Chapter 7, State Money Management Act, and the revenue received from the investment shall remain with the fund described in Subsection (1).
(4)
(a) Except as provided in Subsection (5), the money or revenue in the fund described in Subsection (1) may not be diverted, appropriated, expended, or committed to be expended for a purpose that is not listed in this section.
(b) Notwithstanding Section 26B-1-202, the Legislature may not appropriate money or revenue from the fund described in Subsection (1) to eliminate or otherwise reduce an operating deficit if the money or revenue appropriated from the fund is expended or committed to be expended for a purpose other than one listed in this section.
(c) The Legislature may not amend the purposes for which money or revenue in the fund described in Subsection (1) may be expended or committed to be expended except by the affirmative vote of two-thirds of all the members elected to each house.
(5)
(a) The Utah State Developmental Center Board shall approve expenditures of money and revenue in the fund described in Subsection (1).
(b) The Utah State Developmental Center Board may expend money and revenue in the fund described in Subsection (1) only:
(i) as designated by the donor; or
(ii) for the benefit of:
(A) residents of the Utah State Developmental Center, established in accordance with Chapter 6, Part 5, Utah State Developmental Center; or
(B) individuals with disabilities who receive services and support from the Utah State Developmental Center, as described in Subsection 26B-6-502(2)(b).
(c) Money and revenue in the fund described in Subsection (1) may not be used for items normally paid for by operating revenues or for items related to personnel costs without specific legislative authorization.
Renumbered and Amended by Chapter 305, 2023 General Session