HB 302: Minors in State Custody Amendments - Utah

Amended 2/21/2025 12:02:157 → Substitute #1 · 5 edits

MODERATE

This bill was significantly simplified by removing a new Medicaid waiver requirement and consolidating all provisions into a single section. The original version required the Department of Health and Human Services to apply for a Medicaid waiver to allow minors to keep federal benefits without losing Medicaid eligibility, while the substitute version removes this requirement entirely and instead focuses on establishing accounts for federal benefits and providing financial literacy training.

Scope change

The bill's scope was narrowed from affecting two Utah Code sections (26B-3-231 and 80-2-504) to only affecting one section (80-2-504), eliminating the Medicaid waiver provision that was central to the original bill.

REQUIREMENT

Removed the requirement for the Department of Health and Human Services to apply for a Medicaid waiver or state plan amendment to allow minors to maintain Medicaid eligibility while receiving federal benefits.

Simplified the account establishment requirements by removing the priority for ABLE accounts and instead allowing the department to choose any account type that best preserves the minor's benefit.

DEFINITION

Removed the definition of 'qualified minor' which referred to minors not eligible for ABLE accounts or other accounts that would preserve Medicaid resource-eligibility.

TIMELINE

Changed the effective date from May 7, 2025 to January 29, 2025, and removed the January 1, 2026 deadline for applying for the Medicaid waiver.

TECHNICAL

Removed the second section that enacted changes to Utah Code Section 26B-3-231, consolidating all provisions into a single section.

Amended Excerpts 2/21/2025 12:02:157 → Amended 2/21/2025 12:02:157 · 6 edits

MODERATE

This bill updates Utah law to help minors in state custody maintain eligibility for Medicaid while receiving federal benefits. It requires the Department of Health and Human Services to apply for a Medicaid waiver, establish accounts for benefit payments, and provide financial literacy training. The changes ensure these vulnerable children can access both federal benefits and healthcare without losing eligibility due to resource limits.

Scope change

The bill expands the scope to specifically address federal benefits for minors in state custody, adding new definitions and requirements that were not previously codified in this manner.

REQUIREMENT

Requires the Department of Health and Human Services to apply for a Medicaid waiver by January 1, 2026, to allow minors to keep federal benefits without losing Medicaid eligibility.

Mandates the department to evaluate within 60 days if a minor is eligible for federal benefits and apply for them on the minor's behalf.

Requires the department to establish separate accounts for each minor beneficiary and use ABLE accounts when eligible, unless good cause exists otherwise.

Requires financial literacy training for minors who receive federal benefits while in state custody or for their successor representative payees.

Establishes annual reporting requirements to the Health and Human Services Interim Committee regarding federal benefits received on behalf of minors.

DEFINITION

Adds new definitions for 'qualified minor,' 'minor beneficiary,' 'representative payee,' and 'maintenance cost' to clarify how federal benefits are handled for minors in state custody.

Enrolled → Amended Excerpts 2/21/2025 12:02:157 · 2 edits

MINOR

The Senate amended HB 302 to change how Medicaid resource eligibility is handled for minors in state custody. The amendment replaces language about 'disregarding' federal benefits with language allowing for 'disqualification,' which could potentially remove certain benefits from consideration for Medicaid eligibility rather than simply ignoring them in calculations. This represents a significant policy shift that could affect how many minors maintain Medicaid coverage while receiving federal benefits.

Scope change

The bill's scope regarding Medicaid eligibility determinations for minors in state custody has been modified to potentially allow disqualification of benefits rather than just disregarding them.

ELIGIBILITY

Changed language from 'disregard a qualified minor's federal benefit' to 'allow the disqualification of disregard a qualified minor's federal benefit,' which could alter how federal benefits affect Medicaid eligibility determinations.

TIMELINE

The amendment includes a timestamp indicating Senate Committee review on February 21, 2025, showing the bill is in the amendment process.

Substitute #2 → Substitute #3 · 5 edits

MODERATE

This bill maintains the same substantive policy regarding federal benefits for minors in state custody but changes the formatting and presentation style from a plain text version to a structured legislative substitute format. The core provisions remain identical, including requirements for Medicaid waivers, benefit evaluations, account management, financial literacy training, and annual reporting.

Scope change

No substantive change to the bill's scope or applicability; the content remains the same but is reformatted as a substitute bill version.

TECHNICAL

Changed document format from plain text to structured legislative substitute format with page numbers, timestamps, and formatting symbols (arrows and indentation).

Added header information including 'Todd Weiler proposes the following substitute bill' and page markers (-2- and -3-).

Replaced plain text bullet points with formatted bullet symbols (▸) in the highlighted provisions section.

Removed timestamp '2-5-25 1:01 PM' from the original version.

Added timestamp '03-05 15:21' to the substitute version.

Substitute #1 → Substitute #2 · 5 edits

MODERATE

The bill was amended to add a new Medicaid waiver requirement to ensure minors receiving federal benefits maintain eligibility for Medicaid, and to add a new definition for 'qualified minor' to clarify resource eligibility rules. The Senate sponsor was also updated from 'LONG TITLE' to 'Todd Weiler'.

Scope change

The bill's scope was expanded to include Medicaid waiver requirements for minors receiving federal benefits, and a new Utah Code section (26B-3-231) was added to address Medicaid resource-eligibility issues.

REQUIREMENT

Added requirement for the Department of Health and Human Services to apply for a Medicaid waiver to maintain resource-eligibility for minors receiving federal benefits.

Modified account establishment requirements to prioritize ABLE accounts unless good cause exists to use a different account type.

DEFINITION

Added new definition of 'qualified minor' to clarify which minors are not eligible for ABLE accounts but still need Medicaid resource-eligibility protection.

TECHNICAL

Updated Senate Sponsor name from 'LONG TITLE' to 'Todd Weiler'.

SCOPE

Added new Utah Code section 26B-3-231 specifically addressing Medicaid waiver requirements for minor beneficiaries.

Introduced → Enrolled · 5 edits · Mar 24, 2025

MODERATE

The bill was amended to add a new section requiring the Department of Health and Human Services to apply for a Medicaid waiver to ensure minors receiving federal benefits maintain eligibility for Medicaid, while also adding a new definition for 'qualified minor' and clarifying account requirements. The bill's scope expanded from just managing federal benefits to also addressing Medicaid resource-eligibility concerns for these minors.

Scope change

The bill now applies to Medicaid eligibility for minors in state custody, not just federal benefit management

REQUIREMENT

Added requirement for the department to apply for a Medicaid waiver or state plan amendment by January 1, 2026 to ensure minors receiving federal benefits maintain Medicaid resource-eligibility

Modified account requirements to prioritize ABLE accounts unless good cause exists to use a different account type

DEFINITION

Added new definition of 'qualified minor' to identify minors who cannot use ABLE accounts or other accounts to preserve Medicaid eligibility

TECHNICAL

Added Senate Sponsor name (Todd Weiler) to the enrolled copy

Changed affected Utah Code sections from 80-2-504 only to include 26B-3-231 for the new Medicaid waiver section

Minors in State Custody Amendments

What changed between versions

How they voted

Actions timeline

Sponsors