This document includes House Committee Amendments incorporated into the bill on Tue, Feb 4, 2020 at 9:09 AM by pflowers.
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HEALTH DATA AUTHORITY AMENDMENTS

2     
2020 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Raymond P. Ward

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Senate Sponsor: Evan J. Vickers

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7     LONG TITLE
8     General Description:
9          This bill amends provisions relating to the disclosure of identifiable health data
10     collected by the Department of Health.
11     Highlighted Provisions:
12          This bill:
13          ▸     allows the Health Data Committee to disclose identifiable health data to the
14     Department of Health or a public health authority for an official purpose;
15          ▸     amends exceptions to the prohibition on disclosure of identifiable health data
16     collected by the Department of Health; and
17          ▸     makes technical changes.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          26-33a-109, as last amended by Laws of Utah 2016, Chapter 74
25     

26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 26-33a-109 is amended to read:
28          26-33a-109. Exceptions to prohibition on disclosure of identifiable health data.
29          (1) The committee may not disclose any identifiable health data unless:
30          (a) the individual has authorized the disclosure; [or]
31          (b) the disclosure is to the department or a public health authority to accomplish the
32     department or public health authority's duties and responsibilities under this title;
33          Ĥ→ [(c) the disclosure is to the department for the purpose of filling gaps in health data
34     collected by the department under this title;] ←Ĥ or
35          [(b)] Ĥ→ [(d)] (c) ←Ĥ the disclosure complies with the provisions of:
36          [(i) this section;]
37          (i) Subsection (2);
38          (ii) insurance enrollment and coordination of benefits under Subsection
39     26-33a-106.1(1)(d); or
40          (iii) risk adjusting under Subsection 26-33a-106.1(1)(b).
41          (2) The committee shall consider the following when responding to a request for
42     disclosure of information that may include identifiable health data:
43          (a) whether the [request comes from a person after that person has received approval to
44     do the specific research and statistical work from] requested use has been reviewed or
45     approved by an institutional review board; and
46          (b) whether the [requesting entity] requester complies with the provisions of
47     Subsection (3).
48          (3) A request for disclosure of information that may include identifiable health data
49     shall:
50          (a) be for a specified period; [or] and
51          (b) be solely for [bona fide research and] research purposes or statistical purposes as
52     determined in accordance with administrative rules [adopted] made by the department in
53     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act , which shall
54     require that the requester:
55          (i) [the requesting entity to] demonstrate to the department that the data is required for
56     the research [and] purposes or statistical purposes proposed by the [requesting entity] requester;
57     and
58          (ii) [the requesting entity to] enter into a written agreement satisfactory to the
59     department to protect the data in accordance with this chapter or other applicable law.
60          (4) A person accessing identifiable health data [pursuant to Subsection (3)] under
61     Subsection (2) may not further disclose the identifiable health data:
62          (a) without prior approval of the department; and
63          (b) unless the identifiable health data is disclosed or identified by control number only.