Senate passes congregate-care bill after revisions to advisory board, ombudsman and payment provisions

The Utah Senate on Feb. 27 approved third substitute Senate Bill 297, the congregate-care amendments, after the sponsor described revisions to advisory-board membership, payment rules and an ombudsman proposal. The measure passed on a third-reading vote.

Senator McCall, the bill sponsor, said the substitute narrows some enforcement provisions and changes how the advisory board is constituted. The board remains seven members but membership categories were specified to include: a licensed physician; a physician with pediatric behavioral-health experience; a licensed psychologist; a licensed marriage-and-family therapist; a therapist with juvenile-justice experience; a therapist with congregate-care experience; and one public member. The sponsor said the substitute removed some earlier penalties and adjusted payment obligations for out-of-area placements to 85% of the billable rate instead of the higher penalty in earlier drafts.

The bill creates an advisory board to advise licensing authorities on standards and contemplates an ombudsman function to receive complaints from families or programs; the sponsor said that office would require additional funding and its establishment depends on fiscal action by the Legislature.

Senator Baldry thanked the sponsor for work to address concerns raised by providers and other stakeholders. Senator McCall said the revisions were the result of meetings with industry representatives, licensing staff and advocacy groups.

On final passage the Senate recorded 24 yea votes and 3 nay votes with two absences. The bill will move to the House for further consideration.