Section 105 – Authority to obtain and use an epinephrine auto-injector or stock albuterol.
Effective 7/1/2020 26-41-105. Authority to obtain and use an epinephrine auto-injector or stock albuterol. (1) A qualified adult who is a teacher or other school employee at a public or private primary or secondary school in the state, or a school nurse, may obtain from the school district physician, the medical director of the local […]
Section 106 – Immunity from liability.
Effective 7/1/2020 26-41-106. Immunity from liability. (1) The following, if acting in good faith, are not liable in any civil or criminal action for any act taken or not taken under the authority of this chapter with respect to an anaphylactic reaction or asthma emergency: (a) a qualified adult; (b) a physician, pharmacist, or any […]
Section 107 – Administrative rulemaking authority.
Effective 7/1/2020 26-41-107. Administrative rulemaking authority. The department shall adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to: (1) establish and approve training programs in accordance with Sections 26-41-104 and 26-41-104.1; (2) establish a procedure for determining who is eligible for training as a qualified adult under Subsection 26-41-104(6)(b)(v); and […]
Section 103 – Creation and administration of the Utah Children’s Health Insurance Program.
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 […]
Section 104 – Utah Children’s Health Insurance Program Advisory Council.
Affected by 63I-1-226 on 7/1/2025 Effective 5/12/2015 26-40-104. Utah Children’s Health Insurance Program Advisory Council. (1) There is created a Utah Children’s Health Insurance Program Advisory Council consisting of at least five and no more than eight members appointed by the executive director of the department. The term of each appointment shall be three years. […]
Section 105 – Eligibility.
Effective 5/14/2019 26-40-105. Eligibility. (1) A child is eligible to enroll in the program if the child: (a) is a bona fide Utah resident; (b) is a citizen or legal resident of the United States; (c) is under 19 years of age; (d) does not have access to or coverage under other health insurance, including […]
Section 106 – Program benefits.
Effective 5/5/2021 26-40-106. Program benefits. (1) Except as provided in Subsection (3), medical and dental program benefits shall be benchmarked, in accordance with 42 U.S.C. Sec. 1397cc, as follows: (a) medical program benefits, including behavioral health care benefits, shall be benchmarked effective July 1, 2019, and on July 1 every third year thereafter, to: (i) […]
Section 107 – Limitation of benefits.
26-40-107. Limitation of benefits. Abortion is not a covered benefit, except as provided in 42 U.S.C. Sec. 1397ee. Enacted by Chapter 360, 1998 General Session
Section 108 – Funding.
26-40-108. Funding. (1) The program shall be funded by federal matching funds received under, together with state matching funds required by, 42 U.S.C. Sec. 1397ee. (2) Program expenditures in the following categories may not exceed 10% in the aggregate of all federal payments pursuant to 42 U.S.C. Sec. 1397ee: (a) other forms of child health […]
Section 109 – Evaluation.
26-40-109. Evaluation. The department shall develop performance measures and annually evaluate the program’s performance. Amended by Chapter 167, 2013 General Session