2011 Utah Code
Title 26 Utah Health Code
Chapter 36a Hospital Provider Assessment Act
Section 209 State plan amendment -- Hospital Policy Review Board.

26-36a-209. State plan amendment -- Hospital Policy Review Board.
(1) The division shall file with the Center for Medicare and Medicaid Services a state plan amendment to implement the requirements of this chapter, including the payment of hospital access payments under Section 26-36a-205 no later than 45 days after the effective date of this chapter.
(2) If the state plan amendment is not approved by the Center for Medicare and Medicaid Services, the division shall:
(a) not implement the assessment imposed under this chapter; and
(b) return any assessment fees to the hospitals that paid the fees if assessment fees have been collected.
(3) (a) The department shall establish an advisory board that is the Hospital Policy Review Board.
(b) The board shall have five members selected as follows:
(i) one member appointed by the governor from a list of names submitted by the Utah Hospitals and Health Systems Association;
(ii) two members appointed by the president of the Senate from a list of names submitted by the Utah Hospitals and Health Systems Association; and
(iii) two members appointed by the speaker of the House from a list of names submitted by the Utah Hospitals and Health Systems Association.
(c) Members of the board may not be compensated for their services on the board or receive reimbursement for costs or per diem expenses.
(d) If a selection is not made by the governor, the speaker of the House, or the president of the Senate within 60 days after the names are submitted by the Utah Hospitals and Health Systems Association, the member shall be appointed by the Utah Hospitals and Health Systems Association.
(e) (i) The board shall review state Medicaid plan amendments or waivers affecting hospital reimbursement between the date of enactment of this chapter and the end of state fiscal year 2013.
(ii) A majority of the board is a quorum.
(f) The department may not amend the state Medicaid plan or any waiver affecting hospital reimbursement without submitting the amendment or waiver to the board for review.