First Substitute H.B. 81

Representative Stephen E. Sandstrom proposes the following substitute bill:

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
8 LONG TITLE
9 General Description:
10 This bill amends the Health Care Facility Licensing and Inspection Act by providing
11 measures to discourage identity theft and health insurance fraud, and to protect the
12 accuracy of medical records.
13 Highlighted Provisions:
14 This bill:
15 . defines terms;
16 . requires a medical facility or a health professional office to, prior to providing
17 services to a patient, request identification for:
18 . the patient; and
19 . an individual who consents to the provision of services to the patient, if the
20 patient lacks the capacity to consent;
21 . permits a medical facility or a health professional office to use certain methods to
22 document or confirm a patient's identity;
23 . prohibits a medical facility or a health professional office that is subject to the
24 federal Emergency Medical Treatment and Active Labor Act (EMTALA) from
25 denying services to an individual on the basis that the individual does not provide

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

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