Chief Sponsor: Robert M. Spendlove

Senate Sponsor: Allen M. Christensen


9     General Description:
10          This bill changes the composition of the Utah Digital Health Service Commission.
11     Highlighted Provisions:
12          This bill:
13          ▸     increases the number of members on the Utah Digital Health Service Commission;
14          ▸     creates an additional category for representation on the Utah Digital Health Service
15     Commission;
16          ▸     increases the number of members required for a quorum; and
17          ▸     adds information security to the duties and responsibilities of the Utah Digital
18     Health Service Commission.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          26-9f-103, as last amended by Laws of Utah 2010, Chapter 286
26          26-9f-104, as last amended by Laws of Utah 2008, Chapter 46

28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 26-9f-103 is amended to read:

30          26-9f-103. Utah Digital Health Service Commission.
31          (1) There is created within the department the Utah Digital Health Service
32     Commission.
33          (2) The governor shall appoint [12] 13 members to the commission with the consent of
34     the Senate, as follows:
35          (a) a physician who is involved in digital health service;
36          (b) a representative of a health care system or a licensed health care facility [or system]
37     as that term is defined in Section 26-21-2;
38          (c) a representative of rural Utah, which may be a person nominated by an advisory
39     committee on rural health issues created pursuant to Section 26-1-20;
40          (d) a member of the public who is not involved with digital health service;
41          (e) a nurse who is involved in digital health service; and
42          (f) [seven] eight members who fall into one or more of the following categories:
43          (i) individuals who use digital health service in a public or private institution;
44          (ii) individuals who use digital health service in serving medically underserved
45     populations;
46          (iii) nonphysician health care providers involved in digital health service;
47          (iv) information technology professionals involved in digital health service;
48          (v) representatives of the health insurance industry; [and]
49          (vi) telehealth digital health service consumer advocates[.]; and
50          (vii) individuals who use digital health service in serving mental or behavioral health
51     populations.
52          (3) (a) The commission shall annually elect a chairperson from its membership. The
53     chairperson shall report to the executive director of the department.
54          (b) The commission shall hold meetings at least once every three months. Meetings
55     may be held from time to time on the call of the chair or a majority of the board members.
56          (c) [Six] Seven commission members are necessary to constitute a quorum at any
57     meeting and, if a quorum exists, the action of a majority of members present shall be the action

58     of the commission.
59          (4) (a) Except as provided in Subsection (4)(b), a commission member shall be
60     appointed for a three-year term and eligible for two reappointments.
61          (b) Notwithstanding Subsection (4)(a), the governor shall, at the time of appointment
62     or reappointment, adjust the length of terms to ensure that the terms of commission members
63     are staggered so that approximately 1/3 of the commission is appointed each year.
64          (c) A commission member shall continue in office until the expiration of the member's
65     term and until a successor is appointed, which may not exceed 90 days after the formal
66     expiration of the term.
67          (d) Notwithstanding Subsection (4)(c), a commission member who fails to attend 75%
68     of the scheduled meetings in a calendar year shall be disqualified from serving.
69          (e) When a vacancy occurs in membership for any reason, the replacement shall be
70     appointed for the unexpired term.
71          (5) A member may not receive compensation or benefits for the member's service, but,
72     at the executive director's discretion, may receive per diem and travel expenses in accordance
73     with:
74          (a) Section 63A-3-106;
75          (b) Section 63A-3-107; and
76          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
77     63A-3-107.
78          (6) The department shall provide informatics staff support to the commission.
79          (7) The funding of the commission shall be a separate line item to the department in
80     the annual appropriations act.
81          Section 2. Section 26-9f-104 is amended to read:
82          26-9f-104. Duties and responsibilities.
83          The commission shall:
84          (1) advise and make recommendations on digital health service issues to the
85     department and other state entities;

86          (2) advise and make recommendations on digital health service related patient privacy
87     and information security to the department;
88          (3) promote collaborative efforts to establish technical compatibility, uniform policies,
89     [and] privacy features, and information security to meet legal, financial, commercial, and other
90     societal requirements;
91          (4) identify, address, and seek to resolve the legal, ethical, regulatory, financial,
92     medical, and technological issues that may serve as barriers to digital health service;
93          (5) explore and encourage the development of digital health service systems as a means
94     of reducing health care costs and increasing health care quality and access, with emphasis on
95     assisting rural health care providers and special populations with access to or development of
96     electronic medical records;
97          (6) seek public input on digital health service issues; and
98          (7) in consultation with the department, advise the governor and Legislature on:
99          (a) the role of digital health service in the state;
100          (b) the policy issues related to digital health service;
101          (c) the changing digital health service needs and resources in the state; and
102          (d) state budgetary matters related to digital health service.