HB 383 — Department of Health and Human Services Amendments

(d) except as provided in Subsection (6), complete a review of each petition and recommend to the department approval or denial of the applicant for qualification for a medical cannabis card within 90 days after the day on which the board received the petition;

(6) The department shall make rules, in consultation with the Compassionate Use Board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish a process - 8 - HB0383Enrolled comparedCopy withH.B. HB0383S02 and criteria for a petition to the board to automatically qualify for expedited final review and approval or denial by the department in cases where, in the determination of the department and the board:

383 establish a process and criteria for a petition to the board to automatically qualify for expedited final review and approval or denial by the department in cases where, in the determination of the department and the board:

(7)(7)(a)(i) (a) (i) The department shall review:

- 9 - HB0383 compared with HB0383S02 (9) The Compassionate Use Board shall annually report the board's activity to the advisory board.

Section- 6.9 - H.B.

383 Enrolled Copy Section 6.

26B-1-425.26B-1-425 (Effective 05/06/26) (Repealed 07/01/27).

(5)(5)(a) (a) A member appointed by the executive director under Subsection (4) shall serve a four-year term.

(6)(6)(a) (a) The executive director or the executive director's designee shall chair the council.

(7)(7)(a) - 10 - HB0383 compared with HB0383S02 (a) As used in this Subsection (7), "health workforce" means the same as that term is defined in Section 26B-4-705.

(ii)- study10 and- provideEnrolled recommendationsCopy toH.B. an entity described in Subsection (8) regarding:

383 (ii) study and provide recommendations to an entity described in Subsection (8) regarding:

(9)(9)(a) (a) The Utah Medical Education Council created in Section 26B-4-706 is a subcommittee of the council.

- 11 - HB0383 compared with HB0383S02 (d) Except for the Utah Medical Education Council, the chair of the subcommittee may appoint any individual to the subcommittee.

(a)- provide11 the- reportH.B. to:

383 Enrolled Copy (a) provide the report to:

26B-1-501.26B-1-501 (Effective 05/06/26).

- 12 - HB0383 compared with HB0383S02 (7) "Neglect" means the same as that term is defined in Section 80-1-102.

(b)- (i)12 is- inEnrolled theCopy custodyH.B. of the department or a division of the department;

383 (b)(i) is in the custody of the department or a division of the department;

or - 13 - HB0383 compared with HB0383S02 (i) is designated as a qualified individual by the executive director.

26B-2-124.2.26B-2-124.2 (Effective 05/06/26).

(a)- "Ombudsman"13 means- theH.B. congregate care ombudsman created under this section.

383 Enrolled Copy (a) "Ombudsman" means the congregate care ombudsman created under this section.

(3)(3)(a) (a) The core roles and functions of the ombudsman include:

- 14 - HB0383 compared with HB0383S02 (iv) a sending or receiving agency or program, whether public or private;

(a)- department;14 - Enrolled Copy H.B.

383 (a) department;

26B-3-107.26B-3-107 (Effective 05/06/26) (Partially Repealed 07/01/28).

[(1)[(1)(a) (a) Except as provided in Subsection (8), the division may establish a competitive bid process to bid out Medicaid dental benefits under this chapter.] [(b) The division may bid out the Medicaid dental benefits separately from other program benefits.] [(2) The division shall use the following criteria to evaluate dental bids:] [(a) ability to manage dental expenses;] [(b) proven ability to handle dental insurance;] [(c) efficiency of claim paying procedures;] [(d) provider contracting, discounts, and adequacy of network;

or] - 15 - HB0383 compared with HB0383S02 [(b) an insurer that does not have a current license in the state.] [(6)[(6)(a) (a) The division may cancel the request for proposals if:] [(i) there are no responsive bidders;

or] [(ii) the division determines that accepting the bids would increase the program's costs.] [(b) If the division cancels a request for proposal or a contract that results from a request for proposal described in Subsection (6)(a), the division shall report to the Health and Human- Services15 Interim- CommitteeH.B. regarding the reasons for the decision.] [(7) Title 63G, Chapter 6a, Utah Procurement Code, shall apply to this section.] [(8)] (1) (a) The division may:

383 Enrolled Copy Human Services Interim Committee regarding the reasons for the decision.] [(7) Title 63G, Chapter 6a, Utah Procurement Code, shall apply to this section.] [(8)] (1)(a) The division may:

[(9)] (2)(2)(a) (a) As used in this Subsection [(9)] (2), "dental hygienist" means an individual who is licensed as a dental hygienist under Section 58-69-301.

or - 16 - HB0383 compared with HB0383S02 (ii) 30 days after the date on which the replacement of the department's Medicaid Management Information System software is complete.

(d)(d)(i) (i) Except as provided in this Subsection [(9)] (2), nothing in this Subsection [(9)] (2) shall be interpreted as expanding or otherwise altering the limitations and scope- of16 practice- forEnrolled aCopy dentalH.B. hygienist.

383 scope of practice for a dental hygienist.

26B-3-208.26B-3-208 (Effective 05/06/26).

(1)(1)(a) (a) Before June 30, 2016, the department shall ask CMS to grant waivers from federal statutory and regulatory law necessary for the Medicaid program to provide dental services in the manner described in Subsection (2)(a).

(d) On or before January 1, 2024, the department shall submit to CMS a request for waivers, or an amendment of existing waivers, from federal law necessary for the state to provide dental - 17 - HB0383 compared with HB0383S02 services, in accordance with Subsections (2)(b)(iii) and (d) through (f), to an individual described in Subsection (2)(b)(iii).

(2)(2)(a) (a) To the extent funded, the department shall provide dental services to only blind or disabled individuals, as defined in 42 U.S.C.

and (B)- is17 receiving- treatmentH.B. in a substance abuse treatment program, as defined in Section 26B-2-101, licensed under Chapter 2, Part 1, Human Services Programs and Facilities;

383 Enrolled Copy (B) is receiving treatment in a substance abuse treatment program, as defined in Section 26B-2-101, licensed under Chapter 2, Part 1, Human Services Programs and Facilities;

and - 18 - HB0383 compared with HB0383S02 (E) eligible for full services through the Medicaid program.

(C) is willing to pay for an amount equal to the program's non-federal share of the cost of providing dental services to the population described in Subsection (2)(b);- 18 - Enrolled Copy H.B.

and383 (D) is willing to pay all state costs associated with applying for the waiver described in Subsection (1) (b) and administering the program described in Subsection (2)(b);

and (D) is willing to pay all state costs associated with applying for the waiver described in Subsection (1)(b) and administering the program described in Subsection (2)(b);

- 19 - HB0383 compared with HB0383S02 (i) through free-for-service reimbursement until July 1, 2018;

(3)(3)(a) (a) If the waivers requested under Subsection (1)(a) are granted, the Medicaid program shall begin providing dental services in the manner described in Subsection (2) no later than July 1, 2017.

(c) If the waivers requested under Subsection (1)(c)(i) are granted, the Medicaid program shall begin providing dental services to the population described in Subsection- (2)(b)(ii)19 within- 90H.B. days after the day on which the waivers are granted.

383 Enrolled Copy Subsection (2)(b)(ii) within 90 days after the day on which the waivers are granted.

26B-4-703.26B-4-703 (Effective 05/06/26) (Repealed 07/01/26).

- 20 - HB0383 compared with HB0383S02 (b) the assistance provided by the program does not exceed the assistance provided by the rural hospital or the rural hospital's contracted hiring group;

and (ii)- in20 an- amountEnrolled notCopy exceedingH.B. 10% of funding for the program.

383 (ii) in an amount not exceeding 10% of funding for the program.

(6)(6)(a) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules governing the administration of the program, including rules that address:

- 21 - HB0383 compared with HB0383S02 (b) The department shall seek and consider the recommendations of the Rural Physician Loan Repayment Program Advisory Committee created in Section 26B-1-423 as it develops and modifies rules to administer the program.

26B-5-372.26B-5-372 (Effective 05/06/26).

(1)(1)(a) (a) The executive director of the Department of Corrections or the executive director's designee may request the director or the director's designee to admit a person who is in the custody of the Department of Corrections to the state hospital, [if the clinical director within the Department of Corrections finds ] in coordination with the department and Correctional Health Services, if the following individuals find that the inmate has mentally deteriorated to the point that admission to the state hospital is necessary- to21 ensure- adequateH.B. mental health treatment[.

383 Enrolled Copy necessary to ensure adequate mental health treatment[.

- 22 - HB0383 compared with HB0383S02 [(2) If the director denies the admission of an inmate as requested by the clinical director within the Department of Corrections, the Board of Pardons and Parole shall determine whether the inmate will be admitted to the state hospital.

Any person so transferred to the state hospital shall remain in the custody of the Department of Corrections, and the state hospital shall act solely as the agent of the Department of Corrections.] [(4) Inmates transferred to the state hospital pursuant to this section shall be transferred back- to22 the- DepartmentEnrolled ofCopy CorrectionsH.B. through negotiations between the director and the director of the Department of Corrections.

383 back to the Department of Corrections through negotiations between the director and the director of the Department of Corrections.

26B-6-402.26B-6-402 (Effective 05/06/26).

- 23 - HB0383 compared with HB0383S02 (3) Within appropriations from the Legislature, the division shall provide services to any individual with a disability who is eligible to receive division services.

(4)(4)(a) (a) Except as provided in Subsection (4)(c), any new appropriations designated to serve eligible individuals waiting for services from the division shall be allocated, as determined by the division by rule based on the:

(b) Funds from Subsection (4)(a) that are not spent by the division at the end of the fiscal- year23 may- beH.B. used as set forth in Subsection (7).

383 Enrolled Copy fiscal year may be used as set forth in Subsection (7).

(7)(7)(a) - 24 - HB0383 compared with HB0383S02 (a) Appropriations to the division are nonlapsing.

(c) Except as provided in Subsection (7)(b), if an individual receiving services under Subsection (4)(a) ceases to receive those services, the division shall use the funds that were allocated to that individual to provide services to another eligible individual waiting for services as described in Subsection (4)(4)(a). (a).

(ii)- may24 be- withdrawnEnrolled atCopy anyH.B. time;

383 (ii) may be withdrawn at any time;

26B-6-703.26B-6-703 (Effective 05/06/26).

- 25 - HB0383 compared with HB0383S02 (3) develop a website to provide the information described in Subsection (2) in a form that is easily accessible;

26B-7-501.26B-7-501 (Effective 05/06/26).

As- used25 in- thisH.B. part:

383 Enrolled Copy As used in this part:

- 26 - HB0383 compared with HB0383S02 (10) "Manufacturer sealed electronic cigarette substance" means an electronic cigarette substance that is sold in a container that:

(17)- "Place26 of- publicEnrolled access"Copy meansH.B. any enclosed indoor place of business, commerce, banking, financial service, or other service-related activity, whether publicly or privately owned and whether operated for profit or not, to which persons not employed at the place of public access have general and regular access or which the public uses, including:

383 (17) "Place of public access" means any enclosed indoor place of business, commerce, banking, financial service, or other service-related activity, whether publicly or privately owned and whether operated for profit or not, to which persons not employed at the place of public access have general and regular access or which the public uses, including:

- 27 - HB0383 compared with HB0383S02 (i) common areas of nursing homes, hospitals, resorts, hotels, motels, "bed and breakfast" lodging facilities, and other similar lodging facilities, including the lobbies, hallways, elevators, restaurants, cafeterias, other designated dining areas, and restrooms of any of these;

(j)(j)(i) (i) any child care facility or program subject to licensure or certification under this title, including those operated in private homes, when any child cared for under that license is present;

(o)- any27 area- whereH.B. the proprietor or manager of the area has posted a conspicuous sign stating "no smoking", "thank you for not smoking", or similar statement;

383 Enrolled Copy (o) any area where the proprietor or manager of the area has posted a conspicuous sign stating "no smoking", "thank you for not smoking", or similar statement;

(18)(18)(a) (a) "Proof of age" means:

- 28 - HB0383 compared with HB0383S02 (iii) a valid driver license certificate that is issued under Title 53, Chapter 3, Uniform Driver License Act, or in accordance with the laws of the state in which the valid driver license is issued;

(b)- inhaling,28 exhaling,- burning,Enrolled orCopy carryingH.B. any lighted or heated cigar, cigarette, pipe, or hookah that contains:

383 (b) inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, or hookah that contains:

- 29 - HB0383 compared with HB0383S02 (a) Section 59-14-201 to sell a cigarette at retail;

26B-7-508.26B-7-508 (Effective 05/06/26).

(c) the business name, address, and telephone number of the single, fixed location for which- a29 permit- isH.B. sought;

383 Enrolled Copy which a permit is sought;

- 30 - HB0383 compared with HB0383S02 (iv) [Title 76, Chapter 17, Part 4, Offenses Concerning a Pattern of Unlawful Activity] Title 76, Chapter 17, Part 4, Offenses Concerning Patterns of Unlawful Activity;

(4)(4)(a) (a) In addition to the information described in Subsection (3), an applicant for a retail tobacco specialty business permit shall include evidence showing whether the business is located within:

(6)(6)(a) (a) The department shall establish by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, a permit process for local health departments- in30 accordance- withEnrolled thisCopy part.H.B.

383 departments in accordance with this part.

26B-7-514.26B-7-514 (Effective 05/06/26).

- 31 - HB0383 compared with HB0383S02 (3) a provision of Title 76, Chapter 9, Part 11, Cigarettes, Tobacco, and Psychotoxic Chemical Solvents;

26B-7-516.26B-7-516 (Effective 05/06/26).

26B-7-518.26B-7-518 (Effective 05/06/26).

(1)(1)(a) (a) If an enforcing agency determines that a person has violated the terms of a permit issued under this part, the enforcing agency may impose the penalties described in this- section.31 - H.B.

383 Enrolled Copy this section.

- 32 - HB0383 compared with HB0383S02 (a) on a first violation at a retail location, impose a penalty of $1,000;

(4) If a violation is found in an investigation of a retail tobacco specialty business by a law enforcement agency under Section 77-39-101 for the sale of a tobacco product, an electronic- cigarette32 product,- orEnrolled aCopy nicotineH.B. product to an individual under 21 years old, the enforcing agency shall:

383 electronic cigarette product, or a nicotine product to an individual under 21 years old, the enforcing agency shall:

(5)(5)(a) - 33 - HB0383 compared with HB0383S02 (a) Except when a transfer described in Subsection (6) occurs, a local health department may not issue a permit to:

and (ii) is revoked under this section may not apply for a new permit for any tobacco retailer for a period of 24 months after the day on which an enforcing agency revokes the permit.

26B-8-217.26B-8-217 (Effective 05/06/26).

(1) For purposes of this section, "deidentify" means to remove personally identifying information about a decedent or the decedent's family and any other information that may- be33 used- toH.B. identify a decedent.

383 Enrolled Copy may be used to identify a decedent.

-(3)(a) 34 - HB0383 compared with HB0383S02 (3) (a) Upon written request from an individual described in Subsections (3)(a)(i) through (iv), the medical examiner shall provide a copy of the autopsy report, toxicology report, lab reports, investigative reports, documents generated by the medical examiner related to any report, and any other specifically requested portions of the medical examiner record, if any, to any of the following:

(c) The medical examiner may provide a copy of a report or portion of the medical examiner's record described in Subsection (3)(a), if the report or portion of the medical- examiner's34 record- relatesEnrolled toCopy anH.B. issue of public health or safety, as further defined by rule made by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

383 medical examiner's record relates to an issue of public health or safety, as further defined by rule made by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

(5)(5)(a) (a) The medical examiner may provide a medical examiner record to a researcher who:

(ii)(ii)(A) - 35 - HB0383 compared with HB0383S02 (A) is affiliated with an accredited college or university, a hospital, or another system of care, including an emergency medical response or a local health agency;

(c)(c)(i) (i) A person who obtains a medical examiner record under Subsection (5)(a) shall:

(D) destroy a medical examiner record and the data abstracted from the medical examiner record at the conclusion of the research for which the person requested- the35 medical- examinerH.B. record;

383 Enrolled Copy requested the medical examiner record;

- 36 - HB0383 compared with HB0383S02 (ii) A person who fails to comply with the requirements of Subsections (5)(c)(i)(A) through (D) is guilty of a class B misdemeanor.

(6)(6)(a) (a) Except as provided in Subsections (6)(b) and (c), it is a class B misdemeanor for a person who receives a photograph or video of a decedent under Subsection (3) of this section to knowingly share, publish, or otherwise distribute or make available to another person a photograph or video of a decedent if the photograph or video:

(ii)- an36 individual- whoEnrolled sharesCopy orH.B. makes available a photograph or video of a decedent for the purposes of adjudicating a claim in an administrative or judicial proceeding;

383 (ii) an individual who shares or makes available a photograph or video of a decedent for the purposes of adjudicating a claim in an administrative or judicial proceeding;

- 37 - HB0383 compared with HB0383S02 (7) The department may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and in consideration of applicable state and federal law, to establish permissible uses and disclosures of a medical examiner record or other record obtained under this section.

63I-1-226.63I-1-226 (Effective 05/06/26).

(12) Section 26B-1-430, Coordinating Council for Persons with Disabilities -- Policy regarding- services37 to- individualsH.B. with disabilities -- Creation -- Membership -- Expenses, is repealed July 1, 2027.

383 Enrolled Copy regarding services to individuals with disabilities -- Creation -- Membership -- Expenses, is repealed July 1, 2027.

(15) Subsection [26B-3-107{[}[26B-3-107(9])26B-3-107(2), (9]{)]} {(2)} 26B-3-107(2), regarding reimbursement for dental hygienists, is repealed July 1, 2028.

- 38 - HB0383 compared with HB0383S02 (16) Section 26B-3-136, Children's Health Care Coverage Program, is repealed July 1, 2025.

(35)- Section38 26B-5-114,- BehavioralEnrolled HealthCopy ReceivingH.B. Center Grant Program, is repealed December 31, 2026.

383 (35) Section 26B-5-114, Behavioral Health Receiving Center Grant Program, is repealed December 31, 2026.

- 39 - HB0383 compared with HB0383S02 (39) Subsection 26B-5-609(3)(b), regarding the Behavioral Health Crisis Response Committee, is repealed December 31, 2026.

77-37-4.77-37-4 (Effective 05/06/26).

(2) Children are not responsible for inappropriate behavior adults commit against them and have the right not to be questioned, in any manner, nor to have allegations made, implying- this39 responsibility.- H.B.

383 Enrolled Copy implying this responsibility.

- 40 - HB0383 compared with HB0383S02 (4) Child victims have the right to be informed of available community resources that might assist them and how to gain access to those resources.

(5)(5)(a) (a) Child victims have the right, once an investigation has been initiated by law enforcement or the Division of Child and Family Services, to keep confidential their interviews that are conducted at a Children's Justice Center, including video and audio recordings, and transcripts of those recordings.

(6)(6)(a) (a) The following offices and their designated employees may distribute and receive a recording or transcript to and from one another without a court order:

(ii) administrative law judges employed by the Department of Health and Human Services;- 40 - Enrolled Copy H.B.

383 Services;

or - 41 - HB0383 compared with HB0383S02 (vii) the attorney for the child who is the subject of the interview.

(e)(e)(i) (i) Within two business days of a request from a parent or guardian of a child victim, an investigative agency shall allow the parent or guardian to view a recording- after41 the- conclusionH.B. of an interview, unless:

383 Enrolled Copy recording after the conclusion of an interview, unless:

(ii) If the investigative agency determines that allowing the parent or guardian to view the recording would likely compromise or impede the investigation, the parent or guardian may petition a juvenile - 42 - HB0383 compared with HB0383S02 or district court for an expedited hearing on whether there is good cause for the court to enter an order allowing the parent or guardian to view the recording in accordance with Subsection (5)(c).

(i)(i)(i) (i) In an investigation under Section 53E-6-506, in which a child victim who is the subject of the recording or transcript has alleged criminal conduct against an educator, a law enforcement agency may distribute or release the recording or transcript to an investigator operating under State Board of Education authorization, upon the investigator's written request.

(iii) Upon request for a hearing under Section 53E-6-506, a prosecutor operating under- State42 Board- ofEnrolled EducationCopy authorizationH.B. may display the recording or transcript to a pro se respondent, to an attorney retained by the respondent, or to an expert retained by the respondent.

383 under State Board of Education authorization may display the recording or transcript to a pro se respondent, to an attorney retained by the respondent, or to an expert retained by the respondent.

- 43 - HB0383 compared with HB0383S02 (7) Except as otherwise provided in this section, it is a class B misdemeanor for any individual to distribute, release, or display any recording or transcript of an interview of a child victim conducted at a Children's Justice Center.

80-2-1104.80-2-1104 (Effective 05/06/26).

(2)(2)(a) (a) There is created within the department the position of child protection ombudsman.

(b) The [executive ]director of the Division of Customer {Service } Experience within the department shall:

(a)- unless43 the- ombudsmanH.B. decides not to investigate the complaint, upon receipt of a complaint, investigate whether an act or omission of the division with respect to a particular child:

383 Enrolled Copy (a) unless the ombudsman decides not to investigate the complaint, upon receipt of a complaint, investigate whether an act or omission of the division with respect to a particular child:

- 44 - HB0383 compared with HB0383S02 (i) the ombudsman's decision to investigate or not investigate the complaint;

and- (vii)44 making- recommendationsEnrolled basedCopy onH.B. the findings and results of investigations;

383 and (vii) making recommendations based on the findings and results of investigations;

(4)(4)(a) (a) The ombudsman may:

- 45 - HB0383 compared with HB0383S02 (ii) conduct an investigation on the ombudsman's own initiative;

(5)(5)(a) (a) A record of the ombudsman regarding an individual child welfare case shall be classified in accordance with federal law and Title 63G, Chapter 2, Government Records Access and Management Act.

Effective date.

2-11-26 10:22 AM - 4645 -