S.B. 121

1

FEDERAL HEALTH INSURANCE
2 PORTABILITY AND ACCOUNTABILITY ACT
3 COMPLIANCE AMENDMENTS
4 2003 GENERAL SESSION
5 STATE OF UTAH
6 Sponsor: Peter C. Knudson
7 This act modifies the Government Records Access and Management Act and the Judicial
8 Code. The act amends provisions relating to the right to access and copy patient medical
9 records. The act amends state laws to bring them into compliance with federal patient
10 privacy laws enacted in the Health Insurance Portability and Accountability Act. The act
11 has an immediate effective date.
12 This act affects sections of Utah Code Annotated 1953 as follows:
13 ENACTS:
14 63-2-107, Utah Code Annotated 1953
15 REPEALS AND REENACTS:
16 78-25-25, as enacted by Chapter 213, Laws of Utah 1971
17 Be it enacted by the Legislature of the state of Utah:
18 Section 1. Section 63-2-107 is enacted to read:
19 63-2-107. Disclosure of records subject to federal law.
20 Notwithstanding the provisions of Subsections 63-2-201 (6)(a) and (b), this chapter does
21 not apply to a record containing protected health information as defined in 45 C.F.R., Part 164,
22 Standards for Privacy of Individually Identifiable Health Information, if the record is:
23 (1) controlled or maintained by a governmental entity; and
24 (2) governed by 45 C.F.R., Parts 160 and 164, Standards for Privacy of Individually
25 Identifiable Health Information.
26 Section 2. Section 78-25-25 is repealed and reenacted to read:
27 78-25-25. Patient access to medical records.

28 (1) Pursuant to 45 C.F.R., Parts 160 and 164, Standards for Privacy of Individually
29 Identifiable Health Information, a patient or a patient's personal representative may inspect or
30 receive a copy of the patient's records from a health care provider as defined in Section
31 78-14-3 , when that health care provider is governed by the provisions of 45 C.F.R., Parts 160
32 and 164.
33 (2) When a health care provider as defined in Section 78-14-3 is not governed by 45
34 C.F.R., Parts 160 and 164, Standards for Privacy of Individually Identifiable Health
35 Information, a patient or a patient's personal representative may inspect or receive a copy of the
36 patient's records unless access to the records is restricted by law or judicial order.
37 (3) A health care provider who provides a copy of a patient's records to the patient or
38 the patient's personal representative may charge a reasonable fee to cover the health care
39 provider's costs.
40 Section 3. Effective date.
41 If approved by two-thirds of all the members elected to each house, this act takes effect
42 upon approval by the governor, or the day following the constitutional time limit of Utah
43 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
44 the date of veto override.




Legislative Review Note
as of 1-21-03 11:52 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel