2012 Utah Code
Title 26 - Utah Health Code
Article 52 - Autism Treatment Account
Section 201 - Autism Treatment Account -- Medical loss ratio calculation -- Use of account.

(1) There is created within the General Fund a restricted account known as the Autism Treatment Account.

(2) (a) The account shall consist of:

(i) gifts, grants, devises, donations, and bequests of real property, personal property, or services, from any source, or any other conveyance that may be made to the account from private sources;

(ii) interest and other earnings derived from the account money; and

(iii) any additional amounts as appropriated by the Legislature.

(b) (i) For purposes of this subsection, the Affordable Care Act is as defined in Section 31A-2-212.

(ii) If an insurer contributes to the Autism Treatment Account, for purposes of calculating an insurer's medical loss ratio under the Affordable Care Act, the insurance commissioner shall consider the contribution to the Autism Treatment Account as a claims payment by the insurer.

(3) (a) Except as provided under Subsection (3)(b), the executive director of the department shall be responsible for administering the account.

(b) The committee shall be responsible for the following actions in relation to the account, consistent with the requirements of this title:

(i) prioritizing and allocating uses for account money, as permitted under Subsection (4);

(ii) determining which providers of services for the treatment of autism spectrum disorder qualify for disbursements from the account for services rendered; and

(iii) authorization of all other distributions from the account, except that disbursements for expenses authorized under Subsections (6) and (7) shall also require the approval of the executive director.

(4) Account money may be used to:

(a) assist with the cost of evaluating and treating a child between the age of two and six years with an autism spectrum disorder; and

(b) provide a child between the age of two and six years with an autism spectrum disorder with treatments that utilize applied behavior analysis and other proven effective treatments included under Subsection 26-52-202(4)(b)(ii).

(5) An individual who receives services that are paid for from the account shall:

(a) be a resident of Utah;

(b) have been diagnosed by a qualified professional as having an autism spectrum disorder;

(c) be between the age of two and six years; and

(d) have a need that can be met within the requirements of this chapter.

(6) All actual and necessary operating expenses for the committee and staff shall be paid by the account.

(7) No more than 9% of the account money may be used for administrative or other expenses of the Department of Health.

(8) All interest and other earnings derived from the account money shall be deposited into the account.

(9) The state treasurer shall invest the money in the account under Title 51, Chapter 7, State Money Management Act.

Amended by Chapter 402, 2012 General Session