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House approves substitute requiring legislative oversight of Medicaid-related intergovernmental transfers

Utah House of Representatives · February 15, 2017
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Summary

The House passed a first substitute to HB194 to expand transparency in federal-grant management and require intergovernmental transfer contracts that obligate state money go through the legislative appropriation process; sponsor said the change will reduce state liability and improve budgeting visibility.

The Utah House on Feb. 15 approved a first substitute to HB194 that would expand the state's Federal Funds Procedures Act and require legislative review and appropriation for intergovernmental transfers that obligate state funds. Representative Fossen, the sponsor, said the substitute combines two bills and is intended to give lawmakers transparency into federal funds and any liabilities the state may incur.

"This intergovernmental transfer process is related to Medicaid and Medicaid payments," Fossen said, describing how private entities have at times provided funds that the state then uses to unlock federal matching dollars. He told colleagues the substitute would require any intergovernmental transfer contract that obligates the state for money to come through the legislative appropriation process and to provide ongoing oversight through regular appropriations reviews.

Representative Sampey, who moved the substitute, said the change was prompted by overlap between earlier bills and by recent problems that left the state carrying financial responsibility in some cases. "When there are problems, we as a legislature have to appropriate the dollars," Sampey said, arguing the substitute restores oversight and reduces the risk the state bears alone.

Supporters said the measure is a transparency and budgeting tool rather than a restriction on receiving federal funds. "It does not inhibit the flow of federal funds," Fossen said; rather, he told members, it improves auditing, tracking and forecasting so policymakers can make better decisions. Proponents said the bill will also reduce the state's exposure if a federal agency later seeks repayment.

The House adopted the substitute and then approved first substitute HB194 by a recorded vote of 71 yes, 0 no. The bill will be transmitted to the Senate for consideration.

What happens next: HB194 will go to the Utah Senate. If the Senate concurs, the bill would return to the House and, if enacted, state agencies would be expected to follow the updated process for reviewing and reporting federal funds and any intergovernmental transfer arrangements.

Attribution: Representative Fossen; Representative Sampey.

Ending: The House approved the substitute and sent HB194 to the Senate 71-0.