2020 Utah Code
Title 26 - Utah Health Code
Chapter 40 - Utah Children's Health Insurance Act
Section 103 - Creation and administration of the Utah Children's Health Insurance Program.

Universal Citation: UT Code § 26-40-103 (2020)
Effective 5/14/2019
26-40-103. 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:
    • (a) this chapter; and
    • (b) the State Children's Health Insurance Program, 42 U.S.C. Sec. 1397aa et seq.
  • (2) The department shall:
    • (a) prepare and submit the state's children's health insurance plan before May 1, 1998, and any amendments to the federal Department of Health and Human Services in accordance with 42 U.S.C. Sec. 1397ff; and
    • (b) make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act regarding:
      • (i) eligibility requirements consistent with Section 26-18-3;
      • (ii) program benefits;
      • (iii) the level of coverage for each program benefit;
      • (iv) cost-sharing requirements for members, which may not:
        • (A) exceed the guidelines set forth in 42 U.S.C. Sec. 1397ee; or
        • (B) impose deductible, copayment, or coinsurance requirements on a member for well-child, well-baby, and immunizations;
      • (v) the administration of the program; and
      • (vi) a requirement that:
        • (A) members in the program shall participate in the electronic exchange of clinical health records established in accordance with Section 26-1-37 unless the member opts out of participation;
        • (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
        • (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.


Amended by Chapter 393, 2019 General Session
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