H.B. 81 Enrolled

1

HEALTH CARE PATIENT IDENTITY
2 PROTECTION
3 2009 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Stephen E. Sandstrom
6 Senate Sponsor: Stephen H. Urquhart
7 Cosponsors:
8 Keith Grover
9 Christopher N. HerrodRebecca D. Lockhart
Curtis OdaKenneth W. Sumsion
Carl Wimmer 10
11 LONG TITLE
12 General Description:
13 This bill amends the Health Care Facility Licensing and Inspection Act by providing
14 measures to discourage identity theft and health insurance fraud, and to protect the
15 accuracy of medical records.
16 Highlighted Provisions:
17 This bill:
18 . defines terms;
19 . requires a medical facility or a health professional office to, prior to providing
20 services to a patient, request identification for:
21 . the patient; and
22 . an individual who consents to the provision of services to the patient, if the
23 patient lacks the capacity to consent;
24 . permits a medical facility or a health professional office to use certain methods to
25 document or confirm a patient's identity;
26 . prohibits a medical facility or a health professional office that is subject to the
27 federal Emergency Medical Treatment and Active Labor Act (EMTALA) from
28 denying services to an individual on the basis that the individual does not provide
29 identification when requested;

30 . provides that a medical facility or a health professional office is not subject to a
31 private right of action for failing to ask for identification; and
32 . prohibits the imposition of penalties if a medical facility or a health professional
33 office does not request documentation.
34 Monies Appropriated in this Bill:
35 None
36 Other Special Clauses:
37 None
38 Utah Code Sections Affected:
39 ENACTS:
40 26-21-25, Utah Code Annotated 1953
41
42 Be it enacted by the Legislature of the state of Utah:
43 Section 1. Section 26-21-25 is enacted to read:
44 26-21-25. Patient identity protection.
45 (1) As used in this section:
46 (a) "EMTALA" means the federal Emergency Medical Treatment and Active Labor
47 Act.
48 (b) "Health professional office" means:
49 (i) a physician's office; or
50 (ii) a dental office.
51 (c) "Medical facility" means:
52 (i) a general acute hospital;
53 (ii) a specialty hospital;
54 (iii) a home health agency;
55 (iv) a hospice;
56 (v) a nursing care facility;
57 (vi) a residential-assisted living facility;

58 (vii) a birthing center;
59 (viii) an ambulatory surgical facility;
60 (ix) a small health care facility;
61 (x) an abortion clinic;
62 (xi) a facility owned or operated by a health maintenance organization;
63 (xii) an end stage renal disease facility;
64 (xiii) a health care clinic; or
65 (xiv) any other health care facility that the committee designates by rule.
66 (2) (a) In order to discourage identity theft and health insurance fraud, and to reduce
67 the risk of medical errors caused by incorrect medical records, a medical facility or a health
68 professional office shall request identification from an individual prior to providing in-patient
69 or out-patient services to the individual.
70 (b) If the individual who will receive services from the medical facility or a health
71 professional office lacks the legal capacity to consent to treatment, the medical facility or a
72 health professional office shall request identification:
73 (i) for the individual who lacks the legal capacity to consent to treatment; and
74 (ii) from the individual who consents to treatment on behalf of the individual
75 described in Subsection (2)(b)(i).
76 (3) A medical facility or a health professional office:
77 (a) that is subject to EMTALA:
78 (i) may not refuse services to an individual on the basis that the individual did not
79 provide identification when requested; and
80 (ii) shall post notice in its emergency department that informs a patient of the patient's
81 right to treatment for an emergency medical condition under EMTALA;
82 (b) may not be penalized for failing to ask for identification;
83 (c) is not subject to a private right of action for failing to ask for identification; and
84 (d) may document or confirm patient identity by:
85 (i) photograph;

86 (ii) fingerprinting;
87 (iii) palm scan; or
88 (iv) other reasonable means.
89 (4) The identification described in this bill:
90 (a) is intended to be used for medical records purposes only; and
91 (b) shall be kept in accordance with the requirements of the Health Insurance
92 Portability and Accountability Act of 1996.