(1) As used in this section:

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Terms Used In Utah Code 26B-3-230

  • member: means an individual whom the department has determined to be eligible for assistance under the Medicaid program. See Utah Code 26B-3-101
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
     (1)(a) “Eligible facility” means any of the following:

          (1)(a)(i) an Indian Health Service facility;
          (1)(a)(ii) a tribal health program designated under the Indian Self-Determination and Education Assistance Act, Pub. L. No. 93-638;
          (1)(a)(iii) an urban Indian organization as that term is defined in 25 U.S.C. § 1603; or
          (1)(a)(iv) a facility operated by a person that contracts with an organization described in Subsection (1)(a)(iii).
     (1)(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.
     (1)(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:

     (3)(a) the traditional healing provider is restricted from providing the service;
     (3)(b) the service is contraindicated by a medical provider due to the potential to cause harm; or
     (3)(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.