26B-3-230. Traditional healing services waiver.

248 words·~1 min read·/ut/title-26b/chapter-3/26b-3-230

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

Effective 5/1/2024

(1)As used in this section:

(a)"Eligible facility" means any of the following:

(i)an Indian Health Service facility;

(ii)a tribal health program designated under the Indian Self-Determination and Education Assistance Act, Pub. L. No. 93-638;

(iii)an urban Indian organization as that term is defined in 25 U.S.C. Sec. 1603; or

(iv)a facility operated by a person that contracts with an organization described in Subsection (1)(a)(iii).

(b)"Traditional healing provider" means an individual who provides traditional healing services in a manner that is recognized by an American Indian or Alaskan Native tribe as being consistent with the tribe's traditional healing practices.

(c)"Traditional healing services" means a system of culturally appropriate healing methods for physical, mental, and emotional healing.

(2)On or before January 1, 2025, the department shall apply for a Medicaid waiver to reimburse for traditional healing services provided by a traditional healing provider in an eligible facility to an enrollee who is a member of an American Indian or Alaskan Native tribe.

(3)A service under this section may not be reimbursed if:

(a)the traditional healing provider is restricted from providing the service;

(b)the service is contraindicated by a medical provider due to the potential to cause harm; or

(c)the service is not part of the patient's plan of care.

(4)The department may further define and limit services described in this section.

Enacted by Chapter 239 , 2024 General Session