H.B. 24 Enrolled

1

AMENDMENTS TO UTAH DIGITAL HEALTH
2 SERVICE COMMISSION ACT
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Ronda Rudd Menlove
6 Senate Sponsor: Peter C. Knudson
7
8 LONG TITLE
9 General Description:
10 This bill amends the Utah Digital Health Service Commission Act.
11 Highlighted Provisions:
12 This bill:
13 . amends the appointment of the members;
14 . requires the chairperson of the commission to report to the executive director of the
15 Department of Health; and
16 . amends the duties of the commission, including requires the commission to:
17 . advise and make recommendations to the department concerning patient privacy
18 related policies; and
19 . place an emphasis on helping rural health care providers and special populations.
20 Monies Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 26-9f-102, as last amended by Laws of Utah 2004, Chapter 33
27 26-9f-103, as last amended by Laws of Utah 2004, Chapter 33
28 26-9f-104, as last amended by Laws of Utah 2006, Chapter 121
29

30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 26-9f-102 is amended to read:
32 26-9f-102. Definitions.
33 As used in this chapter:
34 (1) "Commission" means the Utah Digital Health Service Commission created in
35 Section 26-9f-103 .
36 (2) ["Telehealth"] "Digital health service" means the electronic transfer [or], exchange
37 [of medically], or management of related data for diagnosis, treatment, consultation,
38 educational, public health, or other related purposes.
39 Section 2. Section 26-9f-103 is amended to read:
40 26-9f-103. Utah Digital Health Service Commission.
41 (1) There is created within the department the Utah Digital Health Service Commission.
42 (2) The governor shall appoint [11] 12 members to the commission with the consent of
43 the Senate, as follows:
44 (a) a physician who is involved in [telehealth] digital health service;
45 (b) a representative of a licensed health care facility or system as defined in Section
46 26-21-2 ;
47 (c) a representative of rural Utah, which may be a person nominated by an advisory
48 committee on rural health issues created pursuant to Section 26-1-20 ;
49 (d) a member of the public who is not involved with [telehealth] digital health service;
50 [and]
51 (e) a nurse who is involved in digital health service; and
52 [(e)] (f) seven members who fall into one or more of the following categories:
53 [(i) selected from a list of three nominees for each open position submitted by the
54 division over health systems improvement; and]
55 [(ii) who fall into one or more of the following categories:]
56 [(A)] (i) individuals who use [telehealth] digital health service in a public or private
57 institution;

58 [(B)] (ii) individuals who use [telehealth] digital health service in serving medically
59 underserved populations;
60 [(C)] (iii) nonphysician health care providers involved in [telehealth] digital health
61 service;
62 [(D)] (iv) information technology professionals involved in [telehealth] digital health
63 service;
64 [(E)] (v) representatives of the health insurance industry; and
65 [(F)] (vi) telehealth digital health service consumer advocates.
66 (3) (a) The commission shall annually elect a chairperson from its membership. The
67 chairperson shall report to the executive director of the department.
68 (b) The commission shall hold meetings at least once every three months. Meetings
69 may be held from time to time on the call of the chair or a majority of the board members.
70 (c) Six commission members are necessary to constitute a quorum at any meeting and,
71 if a quorum exists, the action of a majority of members present shall be the action of the
72 commission.
73 (4) (a) Except as provided in Subsection (4)(b), a commission member shall be
74 appointed for a three-year term and eligible for two reappointments.
75 (b) Notwithstanding Subsection (4)(a), the governor shall, at the time of appointment or
76 reappointment, adjust the length of terms to ensure that the terms of commission members are
77 staggered so that approximately 1/3 of the commission is appointed each year.
78 (c) A commission member shall continue in office until the expiration of the member's
79 term and until a successor is appointed, which may not exceed 90 days after the formal
80 expiration of the term.
81 (d) Notwithstanding Subsection (4)(c), a commission member who fails to attend 75%
82 of the scheduled meetings in a calendar year shall be disqualified from serving.
83 (e) When a vacancy occurs in membership for any reason, the replacement shall be
84 appointed for the unexpired term.
85 (5) (a) Board members who are not government employees may not receive

86 compensation or benefits for the services, but may receive per diem and expenses incurred in the
87 performance of their official duties at rates established by the Division of Finance under
88 Sections 63A-3-106 and 63A-3-107 .
89 (b) A commission member may decline to receive per diem and expenses for service to
90 the commission.
91 (6) The department shall provide informatics staff support to the commission.
92 (7) The funding of the commission shall be a separate line item to the department in the
93 annual appropriations act.
94 Section 3. Section 26-9f-104 is amended to read:
95 26-9f-104. Duties and responsibilities.
96 The commission shall:
97 (1) advise and make recommendations on [telehealth] digital health service issues to the
98 department[, the Utah Technology Commission,] and other state entities;
99 (2) advise and make recommendations on digital health service related patient privacy
100 to the department;
101 [(2)] (3) promote collaborative efforts to establish technical compatibility, uniform
102 policies, and privacy features to meet legal, financial, commercial, and other societal
103 requirements;
104 [(3) serve as a clearinghouse on emerging telehealth technologies;]
105 (4) identify, address, and seek to resolve the legal, ethical, regulatory, financial,
106 medical, and technological issues that may serve as barriers to [telehealth] digital health service;
107 (5) explore and encourage the development of [telehealth] digital health service systems
108 as a means of reducing health care costs and increasing health care quality and access,
109 [including] with emphasis on assisting rural health care providers and special populations with
110 access to or development of electronic medical records;
111 (6) seek public input on [telehealth] digital health service issues; and
112 [(7) educate the public, state officials, and the health care community on telehealth
113 issues; and]

114 [(8)] (7) in consultation with the department, advise the governor and Legislature on:
115 (a) the role of [telehealth] digital health service in the state;
116 (b) the policy issues related to [telehealth] digital health service;
117 (c) the changing [telehealth] digital health service needs and resources in the state; and
118 (d) state budgetary matters related to [telehealth] digital health service.