§ 26-10-11. Children's Hearing Aid Pilot Program.

(1)

(a) There is established a pilot program to provide hearing aids to children younger than three years old with hearing loss.

(b) The department shall administer the program beginning on July 1, 2013, and ending June 30, 2015.

(2) The department shall provide hearing aids to a child who:

(a) is a resident of Utah;

(b) has been diagnosed by an audiologist with pediatric expertise as having hearing loss;

(c) provides documentation from an audiologist with pediatric expertise certifying that the child needs hearing aids;

(d) has obtained medical clearance by a medical provider for hearing aid fitting;

(e) is younger than three years old;

(f) does not qualify to receive a hearing aid through the state's Medicaid program or Utah Children's Health Insurance Program; and

(g) meets the financial need qualification criteria established by the department for participation in the pilot program.

(3)

(a) There is established the Children's Hearing Aid Advisory Committee.

(b) The committee shall be composed of five members appointed by the executive director, and shall include:

(i) one audiologist with pediatric expertise;

(ii) one speech language pathologist;

(iii) one teacher, certified under Title 53A, State System of Public Education, as a teacher of the deaf or a listening and spoken language therapist;

(iv) one ear, nose, and throat specialist; and

(v) one parent who has a child older than three years old with hearing loss.

(c) A majority of the members constitutes a quorum.

(d) A vote of the majority of the members, with a quorum present, constitutes an action of the committee.

(e) The committee shall elect a chair from its members.

(f) The committee shall:

(i) meet at least quarterly;

(ii) recommend to the department medical criteria and procedures for selecting children who may qualify for assistance from the account; and

(iii) review rules developed by the department.

(g) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with Sections 63A-3-106 and 63A-3-107 and rules made by the Division of Finance, pursuant to Sections 63A-3-106 and 63A-3-107.

(h) The department shall provide staff to the committee.

(4)

(a) There is created within the General Fund a restricted account known as the "Children's Hearing Aid Pilot Program Restricted Account."

(b) The Children's Hearing Aid Pilot Program Restricted Account shall consist of:

(i) amounts appropriated to the account by the Legislature; and

(ii) gifts, grants, devises, donations, and bequests of real property, personal property, or services, from any source, or any other conveyance that may be made to the account from private sources.

(c) Upon appropriation, all actual and necessary operating expenses for the committee under Subsection (3) shall be paid by the account.

(d) Upon appropriation, no more than 9% of the account money may be used for administrative or other expenses of the department.

(e) If this account is repealed in accordance with Section 63I-1-226, any remaining assets in the account shall be deposited into the General Fund.

(5) The department shall make rules establishing a process to:

(a) identify the children who are financially eligible to receive services under the pilot program; and

(b) review and pay for services provided to a child under the pilot program.

(6) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding implementation of the pilot program created under this section.

(7) The services provided under the pilot program created by this section:

(a) do not constitute a legal right or an entitlement of any kind; and

(b) may be withdrawn from a person at any time without notice and without cause.

(8)

(a) The department shall make midterm and final reports to the Health and Human Services Interim Committee.

(b) The midterm and final reports shall identify the operation and accomplishments of the pilot program described in this section.

(c) The final report shall:

(i) recommend whether the Legislature should convert the pilot program to an ongoing program within the department; and

(ii) recommend statutory changes, if any, relating to the program.

(9) The Health and Human Services Interim Committee shall:

(a) determine whether the pilot program described in this section should be converted to an ongoing program within the department; and

(b) if the Health and Human Services Interim Committee determines that the pilot program should be converted to an ongoing program, prepare legislation to implement that conversion.

Enacted by Chapter 195, 2013 General Session