SB 297: Congregate Care Amendments - Utah

Amended 3/5/2025 15:03:638 → Substitute #1 · 11 edits

MAJOR

This bill creates new oversight and safety requirements for Utah's congregate care programs, which serve children with behavioral, emotional, or developmental needs. It establishes a new advisory committee to set safety standards, creates an ombudsman position to receive complaints, and adds stricter background check requirements for staff. The bill also clarifies payment responsibilities when children are transported to healthcare facilities and adds whistleblower protections for those reporting concerns.

Scope change

The bill applies specifically to congregate care programs (residential treatment programs, therapeutic schools, residential support programs, and outdoor youth programs) and expands oversight requirements for these facilities while also affecting background check procedures for individuals working with children in these settings.

REQUIREMENT

Created the Congregate Care Advisory Committee to review and set minimum safety requirements for congregate care programs

Established the Congregate Care Ombudsman position to receive and investigate complaints about congregate care programs

Requires congregate care programs to develop and maintain approved admissions criteria for determining which children can be safely served

Increased background check requirements and denial criteria for individuals seeking direct access to children in congregate care programs

Mandates programs maintain lists of authorized contacts and notify them when a child is in crisis

Requires programs to provide dedicated telephone access for children and staff to contact the ombudsman at any time

Establishes payment responsibilities for congregate care programs when children are transported to healthcare facilities

Added whistleblower protections for individuals who report concerns about congregate care programs

FISCAL

Created the Licensed Provider Civil Money Penalty Fund to handle federal civil money penalties related to facility licensing

ENFORCEMENT

Modified inspection requirements to mandate quarterly unannounced inspections of congregate care programs

TIMELINE

Set the effective date of the bill as July 1, 2025

Amended Excerpts 3/5/2025 15:03:638 → Amended 3/5/2025 15:03:638 · 6 edits

MODERATE

This bill establishes the Congregate Care Advisory Committee and creates a new ombudsman position to oversee congregate care programs, which provide shelter and services to children. The changes add new oversight requirements including minimum safety standards, admissions criteria review, and crisis contact protocols. A new civil money penalty fund is also created to enforce compliance with these requirements.

Scope change

The bill expands oversight of congregate care programs by creating a dedicated advisory committee and ombudsman position, with new requirements for program safety, admissions, and crisis response procedures.

REQUIREMENT

Creates the Congregate Care Advisory Committee to set minimum safety requirements and review program admissions criteria

Establishes a congregate care ombudsman position to receive and investigate reports about program concerns

Requires programs to maintain lists of authorized contacts for children in crisis and notify them of crisis situations

Establishes whistleblower protections for individuals reporting concerns to the ombudsman

Changes payment responsibility for health care facilities providing services to children, including transportation costs

ENFORCEMENT

Creates a Licensed Provider Civil Money Penalty Fund to enforce compliance with new requirements

Enrolled → Amended Excerpts 3/5/2025 15:03:638 · 2 edits

MINOR

This amendment modifies the financial responsibility requirements for congregate care programs when children are transported to health care facilities. The primary change increases the payment obligation from 70% to 85% of billed charges for inpatient behavioral health services, while maintaining the same liability structure for transportation costs and insurance billing procedures.

FISCAL

Increased the payment percentage from 70% to 85% of health care facility billed charges that congregate care programs must pay when a child receives inpatient behavioral health services.

TECHNICAL

Added a House amendment timestamp and version identifier to the document header.

Substitute #1 → Substitute #2 · 11 edits

MAJOR

This bill creates new oversight structures for Utah's congregate care programs, including an advisory committee and ombudsman position, establishes a new civil money penalty fund, and adds specific safety and reporting requirements for programs serving children.

Scope change

The bill expands regulatory oversight to include a new Congregate Care Advisory Committee and ombudsman position, with requirements applying specifically to congregate care programs serving children.

REQUIREMENT

Creates the Congregate Care Advisory Committee to review and set minimum safety requirements for congregate care programs

Establishes a new congregate care ombudsman position to receive and investigate complaints about programs

Requires programs to develop and maintain admissions criteria to determine if children are qualified candidates

Mandates programs maintain lists of authorized contacts and notify them when children are in crisis

Requires programs to provide dedicated telephone lines for children and staff to contact the ombudsman

Establishes whistleblower protections for individuals reporting concerns to the ombudsman

Establishes responsibility for payment to health care facilities when children are transported for services

FISCAL

Creates the Licensed Provider Civil Money Penalty Fund to handle civil penalties from federal licensing and inspection acts

DEFINITION

Updates definitions to include new terms like 'congregate care program' and 'congregate care ombudsman'

ENFORCEMENT

Modifies inspection requirements to mandate quarterly unannounced inspections of congregate care programs

TIMELINE

Sets effective date of July 1, 2025 for the new requirements

Introduced → Enrolled · 14 edits · Mar 19, 2025

MAJOR

This bill amends Utah's congregate care laws to create new oversight mechanisms, including a Congregate Care Advisory Committee and an ombudsman position, while establishing stricter admissions criteria and safety requirements for programs serving children. The legislation also creates two new funds to support licensing operations and civil penalties, updates background check requirements, and clarifies financial responsibilities when children require emergency medical care.

Scope change

The bill expands the regulatory scope to include more specific oversight of congregate care programs, particularly those serving children in crisis or with behavioral health needs, while maintaining existing requirements for other human services programs.

REQUIREMENT

Created the Congregate Care Advisory Committee to review and approve program admissions criteria and establish minimum safety requirements for different levels of care.

Established the congregate care ombudsman position to receive and investigate complaints about congregate care programs and advocate for children in these programs.

Required congregate care programs to develop and maintain admissions criteria that determine whether a child qualifies for the program based on specific risk factors.

Mandated programs to maintain lists of authorized contacts who can reach children during crises and to notify these contacts within one hour when a child is in crisis.

Required programs to post conspicuous notices about the ombudsman and provide dedicated telephone lines for children and staff to report concerns.

Established whistleblower protections for individuals who report concerns to or cooperate with the ombudsman.

Established that congregate care programs are responsible for payment to health care facilities for services provided to children, including transportation costs, when parents/guardians live outside the state.

Required programs to prepare disruption plans for each child that outline protocols for when a child stops receiving services or is in crisis.

DEFINITION

Added definitions for 'congregate care program,' 'admissions criteria,' 'qualified candidate,' 'critical incident,' 'disruption plan,' and 'risk factors.'

ENFORCEMENT

Increased inspection frequency for congregate care programs to at least once per calendar quarter, with at least two unannounced inspections annually.

FISCAL

Created the Licensed Provider Civil Money Penalty Fund to receive federal civil money penalties and use them for assisting individuals affected by facility shutdowns and administrative expenses.

Modified the Licensed Provider Assessment Fund to exclude assessments that comprise the new Civil Money Penalty Fund.

ELIGIBILITY

Denied direct access qualified status for individuals who are or have been under investigation for sexual misconduct within the past three years.

TIMELINE

Set the effective date of the bill as May 7, 2025.

Congregate Care Amendments

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