S.B. 141

This document includes Senate Committee Amendments incorporated into the bill on Wed, Jan 25, 2006 at 1:03 PM by smaeser. -->

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Senate Committee Amendments 1-25-2006 sm/cjd 1

RESPONSE TO S. [ HIPPA ] HIPAA .S CHANGES
2 2006 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Peter C. Knudson
5 House Sponsor: Scott L Wyatt
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions in the Judicial Code related to a surviving spouse's access
10 to medical records of a deceased spouse.
11 Highlighted Provisions:
12 This bill:
13 . allows a physician or health care worker with medical records of a deceased person
14 to recognize the deceased person's surviving spouse or adult child as a personal
15 representative of the deceased person for purposes of access to medical records
16 under state records laws and federal HIPAA laws.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 ENACTS:
23 78-25-25.5, Utah Code Annotated 1953
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 78-25-25.5 is enacted to read:
27 78-25-25.5. Access to medical records of deceased patient.

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- 2 - 28 For purposes of Section 78-25-25 , and 45 C.F.R., Parts 160 and 164, Standards for
29 Privacy of Individually Identifiable Health Information, a health care provider with medical
30 records of a deceased person may recognize the deceased person's surviving spouse or an adult
31 child as a personal representative.

Legislative Review Note
as of 1-11-06 3:57 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel