PocketLaw | Utah Code | Transition to single state agency --

Transition to single state agency -- Transition plan -- Restricted Account.

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Affected by 63I-2-226 on 7/1/2022

Effective 3/23/2021
26B-1-201.1. Transition to single state agency -- Transition plan -- Restricted Account.

(1) As used in this section:
- (a) "Transition agencies" means the:
  - (i) Department of Health; and
  - (ii) Department of Human Services.
- (b) "Transition period" means the period of time:
  - (i) during which the transition of the department to the Department of Health and Human Services takes place; and
  - (ii) beginning on the effective date of the bill, and ending on July 1, 2022.

(2) On or before December 1, 2021, the transition agencies shall develop a written transition plan for merging the functions of the transition agencies into the Department of Health and Human Services on July 1, 2022, in order to:
- (a) more efficiently and effectively manage health and human services programs that are the responsibility of the state;
- (b) establish a health and human services policy for the state; and
- (c) promote health and the quality of life in the health and human services field.

(3) The written transition plan described in Subsection (2) shall describe:
- (a) the tasks that need to be completed before the move on July 1, 2022, including a description of:
  - (i) how the transition agencies solicited comment from stakeholders, including:
    - (A) employees of the transition agencies;
    - (B) clients and partners of the transition agencies;
    - (C) members of the public;
    - (D) the Legislature; and
    - (E) the executive office of the governor;
  - (ii) the proposed organizational structure of the department, including the transition of responsibilities of employees, by job title and classification, under the newly proposed organizational structure and a plan for these transitions;
  - (iii) office space and infrastructure requirements related to the transition;
  - (iv) any work site location changes for transitioning employees;
  - (v) the transition of service delivery sites;
  - (vi) amendments needed to existing contracts, including grants;
  - (vii) legislative changes needed to implement the transition described in this section;
  - (viii) how the transition agencies will coordinate agency rules;
  - (ix) procedures for the transfer and reconciliation of budgeting and funding of the department as the transition agencies transition into the department; and
  - (x) the transition of technology services to the department;
- (b) the tasks that may need to be completed after the transition on July 1, 2022; and
- (c) how the transition to the department will be funded, including details of:
  - (i) how expenses associated with the transition will be managed;
  - (ii) how funding for services provided by the transition agencies will be managed to ensure services will be provided by the transition agencies and the department without interruption; and
  - (iii) how federal funds will be used by or transferred between the transition agencies and the department to ensure services will be provided by the transition agencies and the department without interruption.

(4) The written transition plan described in Subsection (2) shall:
- (a) include a detailed timeline for the completion of the tasks described in Subsection (3)(a);
- (b) be updated at least one time in every two week period until the transition is complete;
- (c) describe how information will be provided to clients of the transition agencies and the department regarding any changes to where services will be provided and the hours services will be provided;
- (d) be provided to the:
  - (i) Health and Human Services Interim Committee;
  - (ii) Social Services Appropriations Subcommittee;
  - (iii) the executive office of the governor;
  - (iv) Division of Finance; and
  - (v) Division of Technology Services; and
- (e) be made available to employees that are transitioning or may potentially be transitioned.

(5) The transition agencies shall publish information that provides a full overview of the written transition plan and how the move may affect client services offered by the transition agencies on the transition agencies' respective websites, including regular updates regarding:
- (a) how the move may affect client services offered by the transition agencies;
- (b) information regarding the location where services are provided and the hours services are provided; and
- (c) contact information so that clients of the transition agencies can contact transitioning employees and obtain information regarding client services.

(6) The transition agencies may, separately or collectively, enter into a memorandum of understanding regarding how costs and responsibilities will be shared to:
- (a) ensure that services provided under agreements with the federal government, including new and ongoing grant programs, are fulfilled;
- (b) ensure that commitments made by the transition agencies are met;
- (c) provide ongoing or shared services as needed, including the provision of payments to the department from the transition agencies; and
- (d) ensure that money from the Department of Health and Human Services Transition Restricted Account created in Subsection (8) is used appropriately by the transition agencies and the department.

(7) In implementing the written transition plan described in this section, the transition agencies and the department shall protect existing services, programs, and access to services provided by the transition agencies.

(8)
- (a) There is created a restricted account within the General Fund known as the "Department of Health and Human Services Transition Restricted Account."
- (b) The restricted account shall consist of appropriations made by the Legislature.
- (c) Subject to appropriation, the transition agencies and the department may spend money from the restricted account to pay for expenses related to moving the transition agencies into the department, including staff and legal services.

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