2006 Utah Code - 26-18-2.4 — Medicaid drug program.

     26-18-2.4.   Medicaid drug program.
     (1) A Medicaid drug program developed by the department under Subsection 26-18-2.3 (2)(f):
     (a) shall, notwithstanding Subsection 26-18-2.3(1)(b), be based on clinical and cost-related factors which include medical necessity as determined by a provider in accordance with administrative rules established by the Drug Utilization Review Board; and
     (b) may include therapeutic categories of drugs that may be exempted from the drug program.
     (2) (a) (i) The department shall study the Medicaid drug program for fiscal year 2003-04, but may not implement the program unless the department reports its findings and recommendations, including any proposed rules to the Legislative Executive Appropriations Committee and Legislative Management Committee at their August 2003 meeting, or if a meeting is not held in August, at the September 2003 meeting, for their review and recommendations.
     (ii) The Legislative Executive Appropriations Committee and Legislative Management Committee shall review the Medicaid drug program proposed by the department and may:
     (A) recommend that the department implement the drug program;
     (B) recommend that the department modify the drug program;
     (C) recommend that the department terminate the drug program; or
     (D) recommend to the governor that he call a special session of the Legislature to review and approve the drug program.
     (b) The department may use the Medicaid drug program developed and approved under Subsection (2)(a) in subsequent fiscal years.
     (3) The department shall report its findings and recommendations regarding the Medicaid drug program to the Legislative Health and Human Services Interim Committee by August 30, 2003, and to the Legislative Health and Human Services Appropriations Subcommittee during the 2004 General Session.

Enacted by Chapter 324, 2003 General Session