26B-3-113. Expanding the Medicaid program.

545 words·~2 min read·/ut/title-26b/chapter-3/26b-3-113

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(1)As used in this section:

(a)"Federal poverty level" means the same as that term is defined in Section 26B-3-207 .

(b)"Medicaid ACA Fund" means the Medicaid ACA Fund created in Section 26B-1-315 .

(c)"Medicaid expansion" means an expansion of the Medicaid program in accordance with this section and Section 26B-3-210 .

(2)Subject to Section 26B-3-210 , the department has the authority to implement and operate Medicaid expansion as approved by CMS and state law.

(a)The department shall pay the state portion of costs for Medicaid expansion entirely from:

(i)the Medicaid ACA Fund;

(ii)county contributions to the nonfederal share of Medicaid expenditures; or

(iii)any other contributions, funds, or transfers from a nonstate agency for Medicaid expenditures.

(b)If the costs of the Medicaid expansion exceed the funds available under Subsection (3)(a) :

(i)the department may reduce or eliminate optional Medicaid services under this chapter;

(ii)savings, as determined by the department, from the reduction or elimination of optional Medicaid services under Subsection (3)(b)(i) shall be deposited into the Medicaid ACA Fund; and

(iii)the department may submit to CMS a request for waivers, or an amendment of existing waivers, from federal law necessary to implement budget controls within the Medicaid program to address the deficiency.

(c)If the costs of the Medicaid expansion are projected by the department to exceed the funds available in the current fiscal year under Subsection (3)(a) , including savings resulting from any action taken under Subsection (3)(b) :

(i)the governor shall direct the department and Department of Workforce Services to reduce commitments and expenditures by an amount sufficient to offset the deficiency:

(A)proportionate to the share of total current fiscal year General Fund appropriations for each of those agencies; and

(B)up to 10% of each agency's total current fiscal year General Fund appropriations;

(ii)the Division of Finance shall reduce allotments to the department and Department of Workforce Services by a percentage:

(A)proportionate to the amount of the deficiency; and

(B)up to 10% of each agency's total current fiscal year General Fund appropriations; and

(iii)the Division of Finance shall deposit the total amount from the reduced allotments described in Subsection (3)(c)(ii) into the Medicaid ACA Fund.

(4)The department shall maximize federal financial participation in implementing this section, including by seeking to obtain any necessary federal approvals or waivers.

(5)Notwithstanding Sections 17-77-201 and 17-77-301 , a county does not have to provide matching funds to the state for the cost of providing Medicaid services to newly enrolled individuals who qualify for Medicaid coverage under a Medicaid expansion.

(6)The department shall report to the Social Services Appropriations Subcommittee on or before November 1 of each year that a Medicaid expansion is operational:

(a)the number of individuals who enrolled in the Medicaid expansion;

(b)costs to the state for the Medicaid expansion;

(c)estimated costs to the state for the Medicaid expansion for the current and following fiscal years;

(d)recommendations to control costs of the Medicaid expansion; and

(e)as calculated in accordance with Subsections 26B-3-506(4) and 26B-3-606(2) , the state's net cost of the Medicaid expansion.

Amended by Chapter 104 , 2026 General Session