§ 26B-3-902 — Creation and administration of the Utah Children's Health Insurance Program.

(1) There is created the Utah Children's Health Insurance Program to be administered by the department in accordance with the provisions of:

(1)(a) this part; and
(1)(b) the State Children's Health Insurance Program, 42 U.S.C. Sec. 1397aa et seq.
(2) The department shall:

(2)(a) prepare and submit the state's children's health insurance plan before May 1, 1998, and any amendments to the United States Department of Health and Human Services in accordance with 42 U.S.C. Sec. 1397ff; and
(2)(b) make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding:
(2)(b)(i) eligibility requirements consistent with Section 26B-3-108;
(2)(b)(ii) program benefits;
(2)(b)(iii) the level of coverage for each program benefit;
(2)(b)(iv) cost-sharing requirements for members, which may not:

(2)(b)(iv)(A) exceed the guidelines set forth in 42 U.S.C. Sec. 1397ee; or
(2)(b)(iv)(B) impose deductible, copayment, or coinsurance requirements on a member for well-child, well-baby, and immunizations;
(2)(b)(v) the administration of the program; and
(2)(b)(vi) a requirement that:

(2)(b)(vi)(A) members in the program shall participate in the electronic exchange of clinical health records established in accordance with Section 26B-8-411 unless the member opts out of participation;
(2)(b)(vi)(B) prior to enrollment in the electronic exchange of clinical health records the member shall receive notice of the enrollment in the electronic exchange of clinical health records and the right to opt out of participation at any time; and
(2)(b)(vi)(C) beginning July 1, 2012, when the program sends enrollment or renewal information to the member and when the member logs onto the program's website, the member shall receive notice of the right to opt out of the electronic exchange of clinical health records.

Legislative History

Renumbered and Amended by Chapter 306, 2023 General Session