Senate adopts amendment setting standard rates for emergency care of incarcerated persons; advances House Bill 121 to third reading

The Utah Senate on Feb. 28 adopted an amendment to House Bill 121 that establishes a uniform reimbursement standard for health-care providers who treat incarcerated persons, and then voted to advance the amended bill to the third-reading calendar.

The amendment, offered in Senator Bell’s name and adopted by voice vote, sets reimbursement for health-care facilities at the non‑capitated state Medicaid rate and sets an agreed standard for emergency-room physicians at 65% of the amount that PEHP would pay in Salt Lake County. "This amendment ... establishes that for a healthcare facility, the reimbursement will be the non capitated state Medicaid rate ... and 65% of the amount which PEHP would pay in Salt Lake County," Senator Bell said during floor remarks.

Supporters described the amendment as the product of negotiations among stakeholders including Intermountain Healthcare, St. Mark's, the University of Utah, and the Utah Medical Association. Bell said principals and lobbyists representing emergency-room doctors and major health systems met with negotiators and agreed to the rate after extensive discussion; he emphasized the amendment "confirms the agreement of the parties and ... is not my intent here that this address in any manner accrued claims to date."

Senator Goodfellow, who opposed the bill as drafted, pressed senators to add intent language aimed at resolving unpaid retrospective claims by emergency-room physicians. He noted that emergency physicians have pursued litigation against counties for unpaid bills stretching back several years and said he feared the legislative rate could be used to justify counties’ refusal to pay past charges. "I think it's important that we pass intent language if we pass this bill so that finally after 8 years, the emergency room doctors can get paid," Goodfellow said. The sponsor and other senators responded that the bill addresses future reimbursement and does not purport to resolve existing retroactive claims.

After debate and summation by Senator Bell, the Senate recorded a roll-call vote advancing the amended House Bill 121 to the third-reading calendar (25 yes, 3 nay, 2 absent). The sponsor and several senators said they would consider filing intent language separately to address outstanding retrospective claims.

The next procedural step for the bill is third reading on the Senate floor where further debate, amendment or final passage may occur.