SB 240: Congregate Care Modifications - Utah

Amended 2/21/2025 15:02:497 → Substitute #1 · 5 edits

MODERATE

This bill substitutes a new version of SB 240 to update formatting and correct the House Sponsor field, while keeping the substantive legislative text identical to the previous version. The changes are primarily cosmetic and administrative rather than policy-altering.

TECHNICAL

Removed the House Sponsor name (Jefferson S. Burton) from the bill header in the new version.

Changed the bill title date from 'Amended 2/21/2025 15:02:497' to '02-11 08:53' indicating a different amendment session.

Replaced the Long Title section with a new formatted version showing the bill as a '1st Sub. (Green)' substitute bill with updated line numbering and formatting.

Adjusted the Highlighted Provisions section formatting to use bullet points and clearer language while maintaining the same policy requirements.

Removed the original Long Title text that was previously marked with deletion indicators.

Amended Excerpts 2/21/2025 15:02:497 → Amended 2/21/2025 15:02:497 · 6 edits

MODERATE

This bill amends Utah's congregate care regulations to clarify restrictions on new admissions and conditional licenses, requiring the Department of Health and Human Services to make reasonable efforts to determine direct patient access within seven days of receiving background check reports. The changes also establish fee authority for direct patient access applications and define specific categories of individuals eligible for direct access certifications.

Scope change

The bill modifies existing congregate care program regulations, particularly around admission restrictions and conditional licensing requirements, while adding new definitions and background check procedures.

DEFINITION

Added comprehensive definitions for 'applicant' including adoptive parents, foster parents, respite care providers, peer support workers, and individuals with lived experience in mental health services.

REQUIREMENT

Requires the Department of Health and Human Services to make reasonable efforts to determine direct patient access within seven days after receiving completed background check reports.

Specifies conditions under which the office must inspect programs, provide notice, or remove restrictions on new admissions or conditional licenses.

ENFORCEMENT

Authorizes the department to establish fees for applications seeking direct patient access certification.

ELIGIBILITY

Prohibits the Office of Licensing from placing restrictions on new admissions or altering program rights based solely on operating under a conditional license.

TECHNICAL

Made technical formatting changes to the bill text structure and numbering.

Introduced → Amended Excerpts 2/21/2025 15:02:497 · 4 edits

MODERATE

Senate amendments to SB 240 clarify and expand protections for congregate care programs by explicitly allowing removal of both restrictions and conditional licenses when compliance is restored, and by clarifying that programs cannot be denied new admissions solely for operating under a conditional license. The changes strengthen due process requirements for the Department of Health and Human Services when imposing or lifting sanctions.

Scope change

The bill's scope remains focused on congregate care programs, but enforcement mechanisms are broadened to include removal of conditional licenses alongside restrictions on new admissions.

ENFORCEMENT

Expanded the department's authority to remove both restrictions on new admissions AND conditional licenses when a program demonstrates full compliance through consecutive inspections.

Clarified that the department cannot restrict or prohibit new admissions based solely on a program operating under a conditional license.

REQUIREMENT

Updated inspection timelines and requirements for removing restrictions and conditional licenses, specifying that two consecutive inspections showing full compliance are needed for restrictions, and three consecutive inspections plus 90 days are needed for conditional licenses.

TECHNICAL

Minor formatting and terminology changes, including replacing 'office' with 'department' in some instances and clarifying language around corrective actions.

Substitute #1 → Substitute #2 · 5 edits

MODERATE

This bill modifies background check requirements for individuals with direct access to children and vulnerable adults in congregate care programs. The main changes include clarifying the department's duty to review background check results within seven days, adding authorization for the department to establish fees for direct patient access applications, and strengthening protections against restricting program admissions based on conditional licenses or pending appeals. The bill also updates definitions and procedures for background checks and comprehensive reviews of applicants with certain criminal histories.

Scope change

The bill maintains its focus on congregate care programs but clarifies and expands certain procedural requirements for background checks and licensing decisions.

REQUIREMENT

Changed the department's obligation from taking 'reasonable effort' to 'make reasonable effort' to determine whether to grant direct patient access within seven days of receiving a completed background check report.

FISCAL

Added explicit authorization for the department to establish fees for applications for certification for direct patient access.

ENFORCEMENT

Strengthened protections by clarifying that the office cannot restrict new admissions or alter program rights solely because a program operates under a conditional license or has a pending appeal.

TECHNICAL

Made technical formatting and organizational changes to improve clarity and consistency throughout the bill text.

TIMELINE

Updated timeframes for various administrative actions, including inspection timelines and notice requirements for license conditions.

Congregate Care Modifications

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