Inmate Medical Treatment Rates Amendments

14
26B-1-337
26B-4-1002
0
Inmate Medical Treatment Rates Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Doug Fiefia
Senate Sponsor: Keven J. Stratton
LONG TITLE
General Description:
This bill addresses medical treatment rates for inmates.
Highlighted Provisions:
This bill:
creates a restricted account known as the Inmate Medical Treatment Restricted Account
(restricted account);
requires the Department of Health and Human Services (department) to pay the
University of Utah Hospitals and Clinics and the University of Utah's physician groups
Medicare rates for medical services rendered to inmates;
requires the department to submit a report to the Health and Human Services Interim
Committee and the Law Enforcement and Criminal Justice Interim Committee that
includes:
a calculation of savings from paying the Medicare rate; and
an accounting of the restricted account;
defines terms; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26B-4-1002
, as renumbered and amended by Laws of Utah 2025, Chapter 88
ENACTS:
26B-1-337
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
26B-1-337
is enacted to read:
26B-1-337
. Inmate Medical Treatment Restricted Account.
(1)
As used in this section:
(a)
"Account" means the Inmate Medical Treatment Restricted Account created in
Subsection
(2)
.
(b)
"Division" means the Division of Correctional Health Services.
(c)
"Savings" means the difference between the rate the department pays to the
University of Utah Hospitals and Clinics and the University of Utah's physician
groups for outpatient services under Subsection
26B-4-1002(8)
, and the cost to
charge rate for the medical services rendered to an inmate by the University of Utah
Hospitals and Clinics and the University of Utah's physician groups.
(2)
There is created a restricted account within the General Fund known as the "Inmate
Medical Treatment Restricted Account."
(3)
The account consists of:
(a)
50% of carry forward funds from the division's budget due to savings; and
(b)
unexpended balances lapsed to the account from the division's budget.
(4)
The remaining 50% of carry forward funds from the division's budget due to savings
shall be deposited into the General Fund.
(5)
At the close of the fiscal year, the department may, without an appropriation, deposit
into the account carry forward funds described in Subsection
(3)(a)
.
(6)
Money in the fund may only be used by the division for purposes approved by the
department.
(7)
Before approving an expenditure or commitment to expend, the department shall obtain
approval for the expenditure or commitment to expend from the Social Services
Appropriations Subcommittee.
Section 2. Section
26B-4-1002
is amended to read:
26B-4-1002
. Medical care for inmates -- Reporting of statistics.
(1)
As used in this section:
(a)
"Inmate Medical Treatment Restricted Account" means the account created in
Section
26B-1-337
.
(b)
"Savings" means the difference between the rate the department pays to the
University of Utah Hospitals and Clinics and the University of Utah's physician
groups under Subsection
(8)
, and the cost to charge rate for the medical services
rendered to an inmate by the University of Utah Hospitals and Clinics and University
of Utah's physician groups.
(1)
(2)
The department shall:
(a)
for each health care facility owned or operated by the Department of Corrections,
assist the Department of Corrections in complying with Section
64-13-39
;
(b)
in coordination with the Department of Corrections, and as the Department of
Correction's agent:
(i)
create policies and procedures for providing comprehensive health care to inmates;
(ii)
provide inmates with comprehensive health care; and
(iii)
develop standard population indicators and performance measures relating to the
health of inmates;
(c)
collaborate with the Department of Corrections to comply with Section
64-13-25.1
;
and
(d)
contract with a telehealth psychiatric consultation provider to provide consultation
services to staff responsible for inmates' psychiatric care.
(2)
(3)
In providing the comprehensive health care described in Subsection
(1)(b)(ii)
(2)(b)(ii)
, the department may not, without entering into an agreement with the
Department of Corrections, provide, operate, or manage any treatment plans for inmates
that are:
(a)
required to be provided, operated, or managed by the Department of Corrections in
accordance with Section
64-13-6
; and
(b)
not related to the comprehensive health care provided by the department.
(3)
(4)
Beginning July 1, 2023, and ending June 30, 2024, the department shall:
(a)
evaluate and study the use of medical monitoring technology and create a plan for a
pilot program that identifies:
(i)
the types of medical monitoring technology that will be used during the pilot
program; and
(ii)
eligibility for participation in the pilot program; and
(b)
make the indicators and performance measures described in Subsection
(1)(b)(iii)
(2)(b)(iii)
available to the public through the Department of Corrections and the
department websites.
(4)
(5)
Beginning July 1, 2024, and ending June 30, 2029, the department shall implement
the pilot program.
(5)
(6)
The department shall submit to the Health and Human Services Interim Committee
and the Law Enforcement and Criminal Justice Interim Committee:
(a)
a report on or before October 1 of each year regarding the costs and benefits of the
pilot program;
(b)
a report that summarizes the indicators and performance measures described in
Subsection
(1)(b)(iii)
(2)(b)(iii)
on or before October 1, 2024; and
(c)
an updated report before October 1 of each year that compares the indicators and
population measures of the most recent year to the initial report described in
Subsection
(5)(b)
(6)(b)
.
(6)
(7)
An inmate receiving comprehensive health care from the department remains in the
custody of the Department of Corrections.
(8)
Beginning on May 6, 2026, the department shall reimburse the University of Utah
Hospitals and Clinics and the University of Utah's physician groups at Medicare rates
for outpatient services rendered to an inmate on or after May 6, 2026.
(9)
(a)
The department shall annually submit a report:
(i)
to the Health and Human Services Interim Committee on or before November 1 of
each year; and
(ii)
to the Law Enforcement and Criminal Justice Interim Committee upon request.
(b)
The report described in Subsection
(9)(a)
shall include:
(i)
a calculation of savings;
(ii)
an accounting of the Inmate Medical Treatment Restricted Account; and
(iii)
any other information the Health and Human Services Interim Committee or
Law Enforcement and Criminal Justice Interim Committee requires.
Section 3.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-12-26 12:05 PM