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Senate approves bill requiring legislative review before Medicaid expansion decision

Utah Senate · March 13, 2013
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Summary

The Utah Senate passed a fifth-substitute version of H.B. 391 that requires the governor to await public reports from the health care task force and a private vendor and return to the Legislature for funding approval if the state elects to expand Medicaid; the measure passed 27–0 and moves to the House.

The Utah Senate on March 13 adopted a fifth-substitute version of House Bill 391, a measure that requires the governor to make public studies from the state health care task force and a private vendor before taking a final step to expand Medicaid and to return to the Legislature for funding approval if expansion is chosen.

Sponsors said the change is procedural rather than policy. "This bill will say they need to make their findings public, before any decision's made," said Senator Weiler, who presented the substitute on the floor and described it as intended to slow the process so the public and legislators can see the underlying analyses. He said the health care task force and a private vendor (PCG) have been studying Medicaid expansion and that the vendor's report — originally expected in February — has been delayed.

Supporters argued the bill preserves and increases opportunities for public input and legislative scrutiny. Senator Wyler and others pointed to past task force and committee hearings, noting several public hearings in recent months and saying the substitute would allow legislative review and additional hearings under existing reporting triggers. "There's more public process through the passing of this bill than without it," one sponsor said.

Opponents and some colleagues pressed for clearer guarantees of statewide public hearings and for better articulation of what constitutes a "completed and thorough analysis," particularly concerning proposals that alternatives such as charity care could meet needs otherwise served by expansion. Senator Dabakis urged the inclusion of explicit language requiring public hearings across the state; proponents responded that task force hearings and committee proceedings provide public opportunities and that nothing in the substitute bars further hearings.

On procedural motions, the Senate suspended the three-reading requirement and conducted a roll call. The clerk recorded 27 yea votes, 0 nay votes and 2 absent; the bill passed and will be transmitted to the House.

The next procedural step is House consideration; sponsors on the floor said they expect additional public discussion and that the task force and vendor reports will be available to inform those conversations.