Utah Code Title 26B. Utah Health and Human Services Codes § 26B-1-219. Requirements for issuing, recommending, or facilitating rationing criteria

(a) “Health care resource” means:

(c) “Scarce health care resource” means a health care resource:

(2)(a) On or before July 1, 2022, the department shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish a procedure that the department will follow to adopt, modify, require, facilitate, or recommend rationing criteria.

(b) Beginning July 1, 2022, the department may not adopt, modify, require, facilitate, or recommend rationing criteria unless the department follows the procedure established by the department under Subsection (2)(a).

(a) a requirement that the department notify the following individuals in writing before rationing criteria are issued, are recommended, or take effect:

(b) procedures for an emergency circumstance which shall include, at a minimum:

(4)(a) Within 30 days after March 22, 2022, the department shall send to the Rules Review and General Oversight Committee all rationing criteria that:

(b) During the 2022 interim, the Rules Review and General Oversight Committee shall, under Subsection 36-35-102(3)(c), review each of the rationing criteria submitted by the department under this Subsection (4).

(a) have the force and effect of law, or is solely advisory, informative, or descriptive;

(b) are carried out or implemented directly or indirectly by the department or by other individuals or entities; or

(c) are developed solely by the department or in collaboration with other individuals or entities.

(a) may not be suspended under Section 53-2a-209 or any other provision of state law relating to a state of emergency;

(b) does not limit a private entity from developing or implementing rationing criteria; and

(c) does not require the department to adopt, modify, require, facilitate, or recommend rationing criteria that the department does not determine to be necessary or appropriate.

(a) through the regular, non-emergency rulemaking procedure described in Section 63G-3-301;

(b) if the modification is solely to correct a technical error in rationing criteria such as correcting obvious errors and inconsistencies including those involving punctuation, capitalization, cross references, numbering, and wording;

(c) to the extent that compliance with this section would result in a direct violation of federal law;

(d) that are necessary for administration of the Medicaid program;

(e) if state law explicitly authorizes the department to engage in rulemaking to establish rationing criteria; or

(f) if rationing criteria are authorized directly through a general appropriation bill that is validly enacted.