Correctional Health Services Amendments

42
26B-4-903
26B-4-905
26B-4-906
63I-2-264
63J-1-315
64-13-25.1
0
Correctional Health Services Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Steve Eliason
Senate Sponsor: Brady Brammer
LONG TITLE
General Description:
This bill addresses correctional health services.
Highlighted Provisions:
This bill:
requires the Department of Health and Human Services (department) to contract for a new
electronic health record system for inmate care, based on recommendations of a working
group;
permits appropriations from the Medicaid Growth Reduction and Budget Stabilization
Account for the electronic health record system;
provides that money appropriated to the department to pay for unanticipated high-cost
correctional health expenses is non-lapsing;
requires the department, in consultation with the Department of Corrections, to prepare
and implement a plan for providing opioid use disorder treatment to certain inmates who
suffer from an opioid use disorder, and requires the Department of Corrections to
cooperate with the department in providing medication assisted treatment in accordance
with that plan;
defines terms; and
makes technical and conforming changes.
Money Appropriated in this Bill:
This bill appropriates
$7,000,000
in operating and capital budgets for fiscal year 2027, all
of which is from the General Fund.
This bill appropriates
($7,000,000)
in restricted fund and account transfers for fiscal year 2027,
all of which is from the General Fund.
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26B-4-903
, as enacted by Laws of Utah 2025, Chapter 112
63I-2-264
, as last amended by Laws of Utah 2024, Third Special Session, Chapter 5
63J-1-315
, as last amended by Laws of Utah 2025, Chapter 113
64-13-25.1
, as enacted by Laws of Utah 2024, Chapter 266
ENACTS:
26B-4-905
, Utah Code Annotated 1953
26B-4-906
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
26B-4-903
is amended to read:
26B-4-903
. Electronic health record system study.
(1)
On or before June 30, 2025, the department shall convene a working group to study and
develop recommendations regarding the electronic health record system used in
connection with providing inmates with comprehensive health care, including:
(a)
identification of the department's electronic health record system requirements;
(b)
an analysis of what features of an electronic health record system are needed to
maximize the implementation, effectiveness, and efficiency of the waiver described
in Section
26B-3-217
; and
(c)
a determination of whether the department's current electronic health record system
meets the requirements and includes the features identified under Subsections
(1)(a)

and (b).
(2)
The working group described in Subsection
(1)
shall include department staff as
determined by the director.
(3)
The working group shall provide recommendations regarding the electronic health
record system to the Health and Human Services Interim Committee on or before the
date of the committee's meeting in November 2025.
(4)
By no later than December 31, 2026, the department shall enter into a contract, in
accordance with Title 63G, Chapter 6a, Utah Procurement Code, for an electronic health
record system that meets the requirements and has the features identified in accordance
with Subsections
(1)(a)
and
(b)
.
Section 2. Section
26B-4-905
is enacted to read:
26B-4-905
. Nonlapsing funds.
(1)
Funds appropriated by the Legislature to the department for the purpose of paying for
unanticipated high-cost correctional health care:
(a)
are nonlapsing; and
(b)
may only be used to pay for health care costs that meet the definition of
unanticipated high-cost correctional health care.
(2)
In any year that the department uses funds for the purpose described in Subsection
(1)
,
the department shall provide a report to the Social Services Appropriations
Subcommittee and the Health and Human Services Interim Committee that includes:
(a)
the amount expended; and
(b)
the balance of unexpended funds appropriated to the department for unanticipated
high-cost correctional health care.
Section 3. Section
26B-4-906
is enacted to read:
26B-4-906
. Treatment for opioid use disorder.
(1)
As used in this section, "CMS" means the Centers for Medicare and Medicaid Services
within the United States Department of Health and Human Services.
(2)
The department, in consultation with the Department of Corrections, shall prepare and
implement a plan to provide, in accordance with current medical standards, opioid use
disorder treatment to inmates who suffer from opioid use disorder:
(a)
for up to 90 days after the first day on which the inmate is incarcerated in a
correctional facility; and
(b)
for up to 90 days immediately before the date on which the inmate is released from a
correctional facility, if CMS grants a request for a waiver, or a request to amend a
waiver, that the department requests in accordance with Section
26B-3-217
.
(3)
The plan described in Subsection
(2)
shall include the use of medication assisted
treatment as medically necessary.
(4)
The department shall consult and may contract with addiction specialists at the
Huntsman Mental Health Institute to prepare and implement the plan described in
Subsection
(2)
.
(5)
The department shall provide an annual report on the preparation and implementation of
the plan described in Subsection
(2)
to the Health and Human Services Interim
Committee on or before the date of the committee's August interim meeting.
Section 4. Section
63I-2-264
is amended to read:
63I-2-264
. Repeal dates: Title 64.
Section
64-13-25.1
(4)
Subsection 64-13-25.1(5)
, regarding reporting on continuation or
discontinuation of a medication assisted treatment plan, is repealed July 1, 2026.
Section 5. Section
63J-1-315
is amended to read:
63J-1-315
. Medicaid Growth Reduction and Budget Stabilization Account --
Transfers of Medicaid growth savings -- Base budget adjustments.
(1)
As used in this section:
(a)
"Department" means the Department of Health and Human Services created in
Section
26B-1-201
.
(b)
"Division" means the Division of Integrated Healthcare created in Section
26B-3-102
.
(c)
"General Fund revenue surplus" means a situation where actual General Fund
revenues collected in a completed fiscal year exceed the estimated revenues for the
General Fund for that fiscal year that were adopted by the Executive Appropriations
Committee of the Legislature.
(d)
"Medicaid growth savings" means the Medicaid growth target minus Medicaid
program expenditures, if Medicaid program expenditures are less than the Medicaid
growth target.
(e)
"Medicaid growth target" means Medicaid program expenditures for the previous
year multiplied by 1.08.
(f)
"Medicaid program" is as defined in Section
26B-3-101
.
(g)
"Medicaid program expenditures" means total state revenue expended for the
Medicaid program from the General Fund, including restricted accounts within the
General Fund, during a fiscal year.
(h)
"Medicaid program expenditures for the previous year" means total state revenue
expended for the Medicaid program from the General Fund, including restricted
accounts within the General Fund, during the fiscal year immediately
preceding
before
a fiscal year for which Medicaid program expenditures are calculated.
(i)
"Operating deficit" means that, at the end of the fiscal year, the unassigned fund
balance in the General Fund is less than zero.
(j)
"State revenue" means revenue other than federal revenue.
(k)
"State revenue expended for the Medicaid program" includes money transferred or
appropriated to the Medicaid Growth Reduction and Budget Stabilization Account
only to the extent the money is appropriated for the Medicaid program by the
Legislature.
(2)
There is created within the General Fund a restricted account to be known as the
Medicaid Growth Reduction and Budget Stabilization Account.
(3)
(a)
The following shall be deposited into the Medicaid Growth Reduction and Budget
Stabilization Account:
(i)
deposits described in Subsection
(4)
;
(ii)
beginning July 1, 2024, any general funds appropriated to the department for the
state plan for medical assistance or for Medicaid administration by the Division of
Integrated Healthcare 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 Growth Reduction and
Budget Stabilization Account;
(iii)
beginning July 1, 2024, any unused state funds that are associated with the
Medicaid program from the Department of Workforce Services;
(iv)
beginning July 1, 2024, 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
; and
(v)
at the close of fiscal year 2024, the Division of Finance shall transfer any existing
balance in the Medicaid Restricted Account created in Section
26B-1-309
into the
Medicaid Growth Reduction and Budget Stabilization Account.
(b)
In addition to the deposits described in Subsection
(3)(a)
, the Legislature may
appropriate money into the Medicaid Growth Reduction and Budget Stabilization
Account.
(4)
(a)
(i)
Except as provided in Subsection
(7)
, if, at the end of a fiscal year, there is a
General Fund revenue surplus, the Division of Finance shall transfer an amount
equal to Medicaid growth savings from the General Fund to the Medicaid Growth
Reduction and Budget Stabilization Account.
(ii)
If the amount transferred is reduced to prevent an operating deficit, as provided in
Subsection
(7)
, the Legislature shall include, to the extent revenue is available, an
amount equal to the reduction as an appropriation from the General Fund to the
account in the base budget for the second fiscal year following the fiscal year for
which the reduction was made.
(b)
If, at the end of a fiscal year, there is not a General Fund revenue surplus, the
Legislature shall include, to the extent revenue is available, an amount equal to
Medicaid growth savings as an appropriation from the General Fund to the account in
the base budget for the second fiscal year following the fiscal year for which the
reduction was made.
(c)
Subsections
(4)(a)
and
(4)(b)
apply only to the fiscal year in which the department
implements the proposal developed under Section
26B-3-202
to reduce the long-term
growth in state expenditures for the Medicaid program, and to each fiscal year after
that year.
(5)
The Division of Finance shall calculate the amount to be transferred under Subsection
(4)
:
(a)
before transferring revenue from the General Fund revenue surplus to:
(i)
the General Fund Budget Reserve Account under Section
63J-1-312
;
(ii)
the Utah Wildfire Fund created in Section
65A-8-217
, as described in Section
63J-1-314
; and
(iii)
the State Disaster Recovery Restricted Account under Section
63J-1-314
;
(b)
before earmarking revenue from the General Fund revenue surplus to the Industrial
Assistance Account under Section
63N-3-106
; and
(c)
before making any other year-end contingency appropriations, year-end set-asides, or
other year-end transfers required by law.
(6)
(a)
If, at the close of any fiscal year, there appears to be insufficient money to pay
additional debt service for any bonded debt authorized by the Legislature, the
Division of Finance may hold back from any General Fund revenue surplus money
sufficient to pay the additional debt service requirements resulting from issuance of
bonded debt that was authorized by the Legislature.
(b)
The Division of Finance may not spend the hold back amount for debt service under
Subsection
(6)(a)
unless and until it is appropriated by the Legislature.
(c)
If, after calculating the amount for transfer under Subsection
(4)
, the remaining
General Fund revenue surplus is insufficient to cover the hold back for debt service
required by Subsection
(6)(a)
, the Division of Finance shall reduce the transfer to the
Medicaid Growth Reduction and Budget Stabilization Account by the amount
necessary to cover the debt service hold back.
(d)
Notwithstanding Subsections
(4)
and
(5)
, the Division of Finance shall hold back the
General Fund balance for debt service authorized by this Subsection
(6)
before
making any transfers to the Medicaid Growth Reduction and Budget Stabilization
Account or any other designation or allocation of General Fund revenue surplus.
(7)
Notwithstanding Subsections
(4)
and
(5)
, if, at the end of a fiscal year, the Division of
Finance determines that an operating deficit exists and that holding back earmarks to the
Industrial Assistance Account under Section
63N-3-106
, transfers to the Utah Wildfire
Fund and State Disaster Recovery Restricted Account under Section
63J-1-314
,
transfers to the General Fund Budget Reserve Account under Section
63J-1-312
, or
earmarks and transfers to more than one of those accounts, in that order, does not
eliminate the operating deficit, the Division of Finance may reduce the transfer to the
Medicaid Growth Reduction and Budget Stabilization Account by the amount necessary
to eliminate the operating deficit.
(8)
The Legislature may appropriate money from the Medicaid Growth Reduction and
Budget Stabilization Account only:
(a)
(i)
for the Medicaid program;
and
or
(ii)
beginning on January 1, 2027, for an electronic health record system for which
the department enters into a contract in accordance with S
ection
26B-4-903
; and
(b)
(i)
if Medicaid program expenditures for the fiscal year for which the
appropriation is made are estimated to be 108% or more of Medicaid program
expenditures for the previous year; or
(ii)
if the amount of the appropriation is equal to or less than the balance in the
Medicaid Growth Reduction and Budget Stabilization Account that comprises
deposits described in Subsections
(3)(a)(ii)
through
(v)
and appropriations
described in Subsection
(3)(b)
.
(9)
The Division of Finance shall deposit interest or other earnings derived from investment
of Medicaid Growth Reduction and Budget Stabilization Account money into the
General Fund.
Section 6. Section
64-13-25.1
is amended to read:
64-13-25.1
. Medication assisted treatment plan.
(1)
As used in this section, "medication assisted treatment plan" means a prescription plan
to use a medication, such as buprenorphine, methadone, or naltrexone, to treat substance
use withdrawal symptoms or an opioid use disorder.
(2)
In collaboration with the Department of Health and Human Services the department
may cooperate with medical personnel to continue a medication assisted treatment plan
for an inmate who had an active medication assisted treatment plan within the last six
months before being committed to the custody of the department.
(3)
The department shall cooperate with the Department of Health and Human Services and
relevant medical personnel in providing medication assisted treatment in accordance
with the substance use disorder plan described in Subsection
(2)
.
(3)
(4)
A medication used for a medication assisted treatment plan under Subsection
(2)
:
(a)
shall be an oral, short-acting medication unless the chief administrative officer or
other medical personnel who is familiar with the inmate's medication assisted
treatment plan determines that a long-acting, non-oral medication will provide a
greater benefit to the individual receiving treatment;
(b)
may be administered to an inmate under the direction of the chief administrative
officer of the correctional facility;
(c)
may, as funding permits, be paid for by the department or the Department of Health
and Human Services; and
(d)
may be left or stored at a correctional facility at the discretion of the chief
administrative officer of the correctional facility.
(4)
(5)
Before November 30 each year, the Department of Health and Human Services
shall provide a report to the Health and Human Services Interim Committee that details,
for each category, the number of individuals in the custody of the department who, in
the preceding 12 months:
(a)
had an active medication assisted treatment plan within the six months preceding
commitment to the custody of the department;
(b)
continued a medication assisted treatment plan following commitment to the custody
of the department; and
(c)
discontinued a medication assisted treatment plan prior to, at the time of, or after
commitment to the custody of the department and, as available, the type of
medication discontinued and the reason for the discontinuation.
Section 7.
FY 2027 Appropriations.
The following sums of money are appropriated for the fiscal year beginning July 1,
2026, and ending June 30, 2027. These are additions to amounts previously appropriated for
fiscal year 2027.
Subsection 7(a).
Operating and Capital Budgets
Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
Legislature appropriates the following sums of money from the funds or accounts indicated for
the use and support of the government of the state of Utah.
SOCIAL SERVICES
DEPARTMENT OF HEALTH AND HUMAN SERVICES
ITEM 1
Department of Health and Human Services - Correctional Health Services
From General Fund, One-time
7,000,000
Correctional Health Services
7,000,000
The Legislature intends that the Department of
Health and Human Services use the appropriation in this
item for the electronic health record system described in
Section 26B-4-903.
Subsection 7(b).
Restricted Fund and Account Transfers
The Legislature authorizes the State Division of Finance to transfer the following
amounts between the following funds or accounts as indicated. Expenditures and outlays from
the funds to which the money is transferred must be authorized by an appropriation.
SOCIAL SERVICES
ITEM 2
General Fund Restricted - Medicaid Growth Reduction and Budget
Stabilization Account
From General Fund, One-time
(7,000,000)
Medicaid Growth Reduction and Budget
Stabilization Account
(7,000,000)
Section 8.
Effective Date.
This bill takes effect on
May 6, 2026
.
2-25-26 1:57 PM