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Legislative Updates - 19 February 2024

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Dear Friends:

This is GrassRoots’ 5th legislative update of this year’s General Session of the Utah State Legislature. At this time (5 weeks into the session), there are about 900 numbered bills for this session on the Utah Legislature website. Here are some bills and issues that we consider to be noteworthy.

Proposals to Expand Medicaid:

There are several proposals in the current legislative session to expand Medicaid in Utah. We are inclined to oppose any and all proposals to expand Medicaid, a program that we consider to be an unwarranted use of government force against the taxpayers.

There is also the argument that the Federal Government is paying for a lot of it any way. "Let's get all the Federal $ we can!!" That is an understandable sentiment. Who wants to avoid getting more "free money"? But Medicaid is a massive contributor to our $34 trillion national debt and not even mentioned as an enumerated power of the national government in the United States Constitution (see especially Article I, Section 8, and the Tenth Amendment). Should we grab all we can "while the grabbing's good"? Or should we be true leaders in opposing the growth of unwarranted government spending and force?

Following are some proposals to expand Medicaid in Utah, and we oppose each of them.

*HB137, “Disability Coverage Amendments”, sponsored by Representative Dailey-Provost, would require the Department of Health and Human Services (department) to apply for a Medicaid waiver or state plan amendment to provide wraparound services to qualified individuals with a disability. The fiscal note for HB137 estimates that the bill would increase government spending by $600K in FY2025 and by $400K in FY2026.

HB137 failed the House Business and Labor Committee 6-6 on Feb 5th, and may be dead for this session.

GrassRoots favors a “no” vote on HB137.

*HB193Sub2, “Hospital Assessment Revisions”, sponsored by Representative Ward and Senator McKell, would:

extend the Medicaid Expansion Fund repeal date by 10 years;
extend the inpatient hospital assessment repeal date by 10 years; and
extend the Medicaid expansion hospital assessment repeal date by 10 years.

HB193Sub2 passed the House 67-0 on February 16th, and awaits action by the Senate.

Admittedly, there is reason to be concerned about things being disorderly if these items with sunset dates scheduled for July 1st of this year, are suddenly allowed to expire. But is that reason to extend programs for another 10 years that are not the proper role of government any way? GrassRoots tentatively favors a “no” vote on HB193Sub2.

<*HB324, “Disability Services Amendments”, sponsored by Representative Lund and Senator Millner, would:

create the Coordinated Care Services for Children with Disabilities Grant Program within the Department of Health and Human Services;

require the Department of Health and Human Services to submit a Medicaid waiver to provide coordinated care services to qualified enrollees who live and can receive care at home; and

appropriate in fiscal year 2025: to Department of Health and Human Services - Integrated Health Care Services - Medicaid Other Services as a one-time appropriation: from the General Fund, One-time, $1,200,000.

HB324 passed the House Health and Human Services Committee 7-0 on Feb 8th, and awaits consideration by the full House.

GrassRoots favors a “no” vote on HB324.

*SB85, “Medicaid Doula Services”, sponsored by Senator Escamilla, would:

require the Department of Health and Human Services (department) to apply for a Medicaid state plan amendment authorizing coverage of doula services;
require the department to develop the state plan amendment in consultation with certain stakeholders;
require the Medicaid program to cover doula services if the state plan amendment is approved; and
require the department to establish training and registration requirements for doulas providing services to Medicaid program enrollees.

The fiscal note for SB85 estimates that the bill would increase government spending by $364K in FY2025 and by $565K in FY2026.

SB85 passed the Senate 27-0 on Jan 30th.

GrassRoots favors a “no” vote on SB85.

*SB96, “Long-term Care Facility Funding”, sponsored by Senator Millner, would authorize the use of the Medicaid Expansion Fund to make certain payments to nursing and intermediate care facilities. We do not yet see a fiscal note for SB96 posted on the legislature’s website.

SB96 awaits consideration by the Senate Health and Human Services Committee.

GrassRoots favors a “no” vote on SB96.

*SB181Sub2, “Native American Health Amendments”, sponsored by Senator Escamilla and Representative Watkins, would require the Department of Health and Human Services to apply for a Medicaid waiver to reimburse traditional healing services under certain circumstances. The fiscal note for SB181Sub2 estimates that the bill would increase government spending by $2.7 million in FY2026.

SB181Sub2 passed the Senate 2nd reading 22-0 on Feb 16th, and awaits consideration on the Senate 3rd reading calendar.

GrassRoots favors a “no” vote on SB181Sub2.

*SB197, “Medicaid Reimbursement Rate Amendments”, sponsored by Senator Weiler and Representative Gricius, would add autism spectrum disorder services provider rates to automatic base budget increases that occur when the General Fund growth factor is greater than or equal to 102%. The fiscal note for SB197 estimates that the bill would increase government expenditures by $1.2 million in FY2025, and by $2.3 million in FY2026.

SB197 passed the Senate 27-0 on Feb 13th, and awaits consideration by the House Business and Labor Committee.

GrassRoots favors a “no” vote on SB197.

Other bills catching our attention this week:

*HB180, “Short-term Rental Amendments”, sponsored by Representative Bennion, would:

require municipalities and counties that allow short-term rentals to adopt ordinances or regulations to promote the health, safety, and welfare of short-term rental occupants;
prohibit the operation of a short-term rental unless the municipality or county issues a permit to operate the short-term rental and the State Tax Commission issues a sales tax license;
provide for requirements for a municipality or county issuing a short-term rental permit;
authorize municipalities and counties to enact ordinances to ensure compliance with applicable requirements; and
impose requirements and limitations on an owner of a short-term rental.

HB180 awaits consideration by House Business and Labor Committee, and is currently scheduled as Item 5 on the agenda of the Tuesday, February 20th, 4:00 PM meeting of that committee at 445 State Capitol.

Should we ensure that it is impossible for somebody to provide a given service without the permission of some government bureaucrat or bureaucracy? We think not. GrassRoots favors a “no” vote on HB180.

*HB393Substitute, “Services for People with Disabilities”, sponsored by Representative Dailey-Provost and Senator Bramble, would:

create the Services for People with Disabilities Perpetual Trust Fund to pay for services for people on the waiting list for services with the Division of Services for People with Disabilities;
exempt the People with Disabilities Perpetual Trust Fund from the State Money Management Act; and
allocate 5% of the General Fund revenue surplus, for two consecutive years, to the Services for People with Disabilities Perpetual Trust Fund.

HB393Substitute would also appropriate in fiscal year 2025:

to Department of Health and Human Services - Long-Term Services & Support - Community Supports Waiver Services as a one-time appropriation: from the Income Tax Fund, One-time, $20,000,000;
to Department of Health and Human Services - Services for People with Disabilities Perpetual Trust Fund as a one-time appropriation: from the General Fund, One-time, $400,000,000;
to Transfers to Unrestricted Funds - Income Tax Fund as a one-time appropriation: from the American Rescue Plan Act Administrative Fund, One-time, $20,000,000; and
to Transportation - Transportation Investment Fund of 2005 as a one-time appropriation: from the General Fund, One-time, ($400,000,000).

The fiscal note for HB393Substitute estimates that the bill would result in increased government spending of $30 million in FY2025 and $10 million in FY2026. Furthermore, the bill would reduce General Fund appropriations to the Transportation Investment Fund of 2005 by $400 million one-time in FY 2025 and deposit that $400 million one-time General Fund into the Services for People with Disabilities Perpetual Trust Fund created in this legislation.

HB393Substitute passed the House Revenue and Taxation Committee 9-0 on February 8th, and awaits consideration by the full House.

If the Legislature finds that we do not need the prior-envisioned $400 million appropriation to the Transportation Investment Fund of 2005, that sounds great. But that would seem to us reason for a tax cut to reduce the burden of government force on the taxpayers—not a reason to create another government-run trust fund for something that should be left to the private sector. GrassRoots favors a “no” vote on HB393Substitute.

*SB117, “Office of Student Health Affairs”, sponsored by Senator Riebe, would create the Office of Student Health Affairs within the Department of Health and Human Services, and is expected to increase government expenditures by $489K per year.

SB117 awaits consideration by the Senate Education Committee.

This looks like another proposal to increase the use of unwarranted government force on the taxpayers. We would prefer a tax cut. GrassRoots favors a “no” vote on SB117.

Updated status on bills covered in past weekly updates:

*HB78, “Motion Picture Incentives Amendments”, sponsored by Representative Stenquist and Senator Winterton, would repeal the sunset date that applies to certain motion picture incentives available only for rural productions. Additional coverage of HB78 may be found in our updates of January 29th and February 5th.

HB78 passed the House 55-18 on Feb 1st, and the Senate Economic Development and Workforce Services Committee 5-0 on February 12th, and awaits consideration on the Senate 2nd reading calendar.

Picking winners and losers in the marketplace through subsidies, unequal tax treatment, and other “incentives” is not a proper role of government. GrassRoots still favors a “no” vote on HB78.

*SB56, “Home School Amendments”, sponsored by Senator Grover and Representative Hawkins, would remove the notary requirement on a home school affidavit. Additional coverage of SB56 may be found in our updates of January 22nd, January 29th, and February 5th.

SB56 passed the Senate 29-0 on January 29th, and the House 66-1 on February 16th, and awaits action by the Governor.

GrassRoots would favor the Governor signing SB56.

If you have any questions about these bills, GrassRoots’ position on these bills, or related matters, please contact either of us or any other member of the Board of Utah GrassRoots.

Sincerely,

Steve Stromness
Vice-Chairman, Bill Review Coordinator, Utah GrassRoots
steven.stromness@gmail.com
435-637-5248

Don Guymon
Chairman, Utah GrassRoots
donguymon@gmail.com
801-574-9461

PS Do you want to contact a legislator? Go to le.utah.gov and click on “Legislators”.

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