Utah Government Actions in Response to COVID-19

Division of Professional Licensing announcement of waiver of “live” continuing education requirements (updated March 25, 2020)

Division of Professional Licensing announcement regarding temporary suspension of fingerprinting services:

Because of the temporary suspension of FBI fingerprint background checks, DOPL is issuing temporary licenses based on Utah-only background checks. At this time, applicants will be required to obtain the FBI fingerprint check within 180 days of receiving their temporary license. If an applicant's later fingerprint check does not reveal any concerning information, their license application will be considered complete. If concerning information is revealed, DOPL may investigate and take action against the license. Applicants who fail to obtain the required fingerprint check may face disciplinary action.

DOPL notice of expedited licensure for formerly licensed health care professionals, including OTs. (Click on Practice Exemptions During Declared Emergency on left, then on Formerly Licensed Healthcare Professionals in the drop down list)

Emergency rule effective May 27 for 120 days authorizing a Medicaid enrolled provider to deliver covered services via a synchronous or asynchronous telehealth platform as clinically appropriate. (See page 111-113 of linked pdf)

DOPL webpage notice of suspension of statutes/rules relating to telehealth services, including links to Governor’s Executive Orders, rules, and Utah Telehealth Network’s COVID and Telehealth Resources webpage

Governor’s Executive Order suspending enforcement of requirement that a telehealth platform meet industry security and privacy standards including compliance with HIPAA and of the requirement that a provider be in compliance with laws, rules, and regulations regarding the provider’s licensed practice to the extent that it interferes with a provider’s ability to offer telehealth services. (issued March 25)

State telehealth resources, including links to private payer guidance, Medicare, and Medicaid FAQs

Private Insurance: Several Utah health insurers are taking action on telehealth and copays.

Medicaid: 1135 waiver granted and subsequent waiver granted on May 19. A subsequent waiver with additional flexibilities granted in June.

1915(c) Appendix K waiver granted allowing flexibilities in the home and community based services (HCBS) waiver.

Time-limited Medicaid state plan amendment to respond to COVID-19 to cover the new optional group; subsequent SPA approved in June.

CHIP state plan amendment approved

Emergency rule, effective June 24, suspends any Medicaid administrative rule under certain chapters that conflict with emergency waivers or state plan amendments approved by CMS during the COVID-19 emergency, an executive order issued by the Governor during the state of emergency, or a legislative action issued during the state of emergency. Rule remains in effect during the declared COVID-19 emergency period. (See page 83–84)