§ 26B-3-230 — Traditional healing services waiver.

(1) As used in this section:
(1)(a) "Eligible facility" means any of the following:
(1)(a)(i) an Indian Health Service facility;
(1)(a)(ii) a tribal health program designated under the Indian Self-Determination and Education Assistance Act, Pub. L. No. 93-638;
(1)(a)(iii) an urban Indian organization as that term is defined in 25 U.S.C. Sec. 1603; or
(1)(a)(iv) a facility operated by a person that contracts with an organization described in Subsection (1)(a)(iii).
(1)(b) "Traditional healing provider" means an individual who provides traditional healing services in a manner that is recognized by an American Indian or Alaskan Native tribe as being consistent with the tribe's traditional healing practices.
(1)(c) "Traditional healing services" means a system of culturally appropriate healing methods for physical, mental, and emotional healing.
(2) On or before January 1, 2025, the department shall apply for a Medicaid waiver to reimburse for traditional healing services provided by a traditional healing provider in an eligible facility to an enrollee who is a member of an American Indian or Alaskan Native tribe.
(3) A service under this section may not be reimbursed if:
(3)(a) the traditional healing provider is restricted from providing the service;
(3)(b) the service is contraindicated by a medical provider due to the potential to cause harm; or
(3)(c) the service is not part of the patient's plan of care.
(4) The department may further define and limit services described in this section.

Legislative History

Enacted by Chapter 239, 2024 General Session