Senator Karen Mayne proposes the following substitute bill:




Chief Sponsor: Karen Mayne

House Sponsor: Timothy D. Hawkes


8     General Description:
9          This bill enacts provisions related to balance billing for certain health care services.
10     Highlighted Provisions:
11          This bill:
12          ▸     requires health care facilities and health care providers who engage in balance
13     billing for certain health care services to submit a report to the Insurance
14     Department;
15          ▸     requires an insurer to provide certain information regarding reimbursement for
16     emergency services to the Insurance Department;
17          ▸     specifies the information that must be reported by a health care provider, a health
18     care facility, or a health insurer;
19          ▸     creates a reporting requirement; and
20          ▸     creates a sunset date.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:

26     AMENDS:
27          26-21-27, as enacted by Laws of Utah 2010, Chapter 68
28          58-1-508, as last amended by Laws of Utah 2018, Chapter 203
29          63G-2-305, as last amended by Laws of Utah 2019, Chapters 128, 193, 244, and 277
30          63I-2-231, as last amended by Laws of Utah 2019, Chapter 55
31     ENACTS:
32          31A-22-653, Utah Code Annotated 1953

34     Be it enacted by the Legislature of the state of Utah:
35          Section 1. Section 26-21-27 is amended to read:
36          26-21-27. Reporting certain health care facility charges.
37          (1) Beginning January 1, 2011, a health care facility licensed under this chapter shall,
38     when requested by a consumer:
39          [(1)] (a) make a list of prices charged by the facility available for the consumer that
40     includes the facility's:
41          [(a)] (i) in-patient procedures;
42          [(b)] (ii) out-patient procedures;
43          [(c)] (iii) the 50 most commonly prescribed drugs in the facility;
44          [(d)] (iv) imaging services; and
45          [(e)] (v) implants; and
46          [(2)] (b) provide the consumer with information regarding any discounts the facility
47     provides for:
48          [(a)] (i) charges for services not covered by insurance; or
49          [(b)] (ii) prompt payment of billed charges.
50          (2) A health care provider that is subject to the reporting requirement in Section
51     31A-22-653 shall submit information to the Insurance Department in accordance with Section
52     31A-22-653.
53          Section 2. Section 31A-22-653 is enacted to read:
54          31A-22-653. Emergency service balance billing report -- Rulemaking -- Immunity
55     -- Reporting requirement.
56          (1) As used in this section:

57          (a) (i) "Balance billing" means the practice of a qualified provider billing an enrollee of
58     a health benefit plan who is a Utah resident for the difference between the qualified provider's
59     charge and the insurer's allowed amount.
60          (ii) "Balance billing" does not include a qualified provider billing an enrollee of a
61     health benefit plan for cost sharing, including copayments, coinsurance, and deductibles,
62     required under the enrollee's health benefit plan.
63          (b) "Emergency service" means:
64          (i) emergency services as defined in 29 C.F.R. Sec. 2590.715-2719A(b)(4)(ii); and
65          (ii) services related to emergency services under Subsection (1)(b)(i) that:
66          (A) are provided by a qualified provider after the condition of the enrollee of a health
67     benefit plan is no longer considered an emergency medical condition as defined in Section
68     31A-22-627; and
69          (B) stabilize as defined in 42 U.S.C. Sec. 1395dd(e)(3), improve, or resolve the
70     condition of the enrollee of a health benefit plan.
71          (c) "Qualified provider" means a person who:
72          (i) provides an emergency service from July 1, 2020, through June 30, 2021; and
73          (ii) (A) is licensed to provide health care services under Title 58, Occupations and
74     Professions; or
75          (B) is a health care facility as defined in Section 26-21-2.
76          (d) "Reporting period" means the period beginning July 1, 2020, and ending on June
77     30, 2021.
78          (2) On or before January 4, 2022, a qualified provider that engages in balance billing
79     during the reporting period shall submit a report to the commissioner that describes:
80          (a) during the reporting period and aggregated by payer, the percentage of episodes of
81     care for an emergency service provided to a Utah resident who is an enrollee of a health benefit
82     plan offered by an insurer for which the qualified provider was out-of-network for which the
83     qualified provider engaged in balance billing; and
84          (b) the specialty or subspecialty of the qualified provider, as identified by the qualified
85     provider.
86          (3) On or before January 1, 2022, an insurer shall submit a report to the commissioner
87     that describes, for enrollees of a health benefit plan who are Utah residents:

88          (a) whether the insurer provided a reimbursement directly to the enrollee of a health
89     benefit plan during the reporting period for emergency services not performed by a network
90     qualified provider; and
91          (b) during the reporting period, the percentage of emergency department claims
92     received from all qualified providers for enrollees of a health benefit plan who are Utah
93     residents that were provided by an out-of-network qualified provider.
94          (4) Information submitted to the commissioner under this section is a protected record
95     under Title 63G, Chapter 2, Government Records Access and Management Act.
96          (5) A qualified provider is immune from any civil liability for the disclosure of
97     information to the commissioner in accordance with this section.
98          (6) On or before July 1, 2022, the commissioner shall provide a written report to the
99     Business and Labor Interim Committee and the Health and Human Services Interim Committee
100     regarding:
101          (a) the information received under this section; and
102          (b) in collaboration with the Air Ambulance Committee created in Section 26-1-7,
103     information regarding the amount charged by air medical transport providers that engage in
104     balance billing.
105          Section 3. Section 58-1-508 is amended to read:
106          58-1-508. Failure to follow certain health care claims practices and reporting
107     requirements -- Penalties.
108          (1) As used in this section, "health care provider" means an individual who is licensed
109     to provide health care services under this title.
110          (2) The division may assess a fine of up to $500 per violation against a health care
111     provider that violates Section 31A-26-313.
112          (3) The division shall waive the fine described in Subsection (2) if:
113          (a) the health care provider demonstrates to the division that the health care provider
114     mitigated and reversed any damage to the insured caused by the health care provider or third
115     party's violation; or
116          (b) the insured does not pay the full amount due on the bill that is the subject of the
117     violation, including any interest, fees, costs, and expenses, within 120 days after the day on
118     which the health care provider or third party makes a report to a credit bureau or takes an action

119     in violation of Section 31A-26-313.
120          (4) A health care provider that is subject to the reporting requirement in Section
121     31A-22-653 shall submit information to the Insurance Department in accordance with Section
122     31A-22-653.
123          Section 4. Section 63G-2-305 is amended to read:
124          63G-2-305. Protected records.
125          The following records are protected if properly classified by a governmental entity:
126          (1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret
127     has provided the governmental entity with the information specified in Section 63G-2-309;
128          (2) commercial information or nonindividual financial information obtained from a
129     person if:
130          (a) disclosure of the information could reasonably be expected to result in unfair
131     competitive injury to the person submitting the information or would impair the ability of the
132     governmental entity to obtain necessary information in the future;
133          (b) the person submitting the information has a greater interest in prohibiting access
134     than the public in obtaining access; and
135          (c) the person submitting the information has provided the governmental entity with
136     the information specified in Section 63G-2-309;
137          (3) commercial or financial information acquired or prepared by a governmental entity
138     to the extent that disclosure would lead to financial speculations in currencies, securities, or
139     commodities that will interfere with a planned transaction by the governmental entity or cause
140     substantial financial injury to the governmental entity or state economy;
141          (4) records, the disclosure of which could cause commercial injury to, or confer a
142     competitive advantage upon a potential or actual competitor of, a commercial project entity as
143     defined in Subsection 11-13-103(4);
144          (5) test questions and answers to be used in future license, certification, registration,
145     employment, or academic examinations;
146          (6) records, the disclosure of which would impair governmental procurement
147     proceedings or give an unfair advantage to any person proposing to enter into a contract or
148     agreement with a governmental entity, except, subject to Subsections (1) and (2), that this
149     Subsection (6) does not restrict the right of a person to have access to, after the contract or

150     grant has been awarded and signed by all parties:
151          (a) a bid, proposal, application, or other information submitted to or by a governmental
152     entity in response to:
153          (i) an invitation for bids;
154          (ii) a request for proposals;
155          (iii) a request for quotes;
156          (iv) a grant; or
157          (v) other similar document; or
158          (b) an unsolicited proposal, as defined in Section 63G-6a-712;
159          (7) information submitted to or by a governmental entity in response to a request for
160     information, except, subject to Subsections (1) and (2), that this Subsection (7) does not restrict
161     the right of a person to have access to the information, after:
162          (a) a contract directly relating to the subject of the request for information has been
163     awarded and signed by all parties; or
164          (b) (i) a final determination is made not to enter into a contract that relates to the
165     subject of the request for information; and
166          (ii) at least two years have passed after the day on which the request for information is
167     issued;
168          (8) records that would identify real property or the appraisal or estimated value of real
169     or personal property, including intellectual property, under consideration for public acquisition
170     before any rights to the property are acquired unless:
171          (a) public interest in obtaining access to the information is greater than or equal to the
172     governmental entity's need to acquire the property on the best terms possible;
173          (b) the information has already been disclosed to persons not employed by or under a
174     duty of confidentiality to the entity;
175          (c) in the case of records that would identify property, potential sellers of the described
176     property have already learned of the governmental entity's plans to acquire the property;
177          (d) in the case of records that would identify the appraisal or estimated value of
178     property, the potential sellers have already learned of the governmental entity's estimated value
179     of the property; or
180          (e) the property under consideration for public acquisition is a single family residence

181     and the governmental entity seeking to acquire the property has initiated negotiations to acquire
182     the property as required under Section 78B-6-505;
183          (9) records prepared in contemplation of sale, exchange, lease, rental, or other
184     compensated transaction of real or personal property including intellectual property, which, if
185     disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
186     of the subject property, unless:
187          (a) the public interest in access is greater than or equal to the interests in restricting
188     access, including the governmental entity's interest in maximizing the financial benefit of the
189     transaction; or
190          (b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
191     the value of the subject property have already been disclosed to persons not employed by or
192     under a duty of confidentiality to the entity;
193          (10) records created or maintained for civil, criminal, or administrative enforcement
194     purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if
195     release of the records:
196          (a) reasonably could be expected to interfere with investigations undertaken for
197     enforcement, discipline, licensing, certification, or registration purposes;
198          (b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
199     proceedings;
200          (c) would create a danger of depriving a person of a right to a fair trial or impartial
201     hearing;
202          (d) reasonably could be expected to disclose the identity of a source who is not
203     generally known outside of government and, in the case of a record compiled in the course of
204     an investigation, disclose information furnished by a source not generally known outside of
205     government if disclosure would compromise the source; or
206          (e) reasonably could be expected to disclose investigative or audit techniques,
207     procedures, policies, or orders not generally known outside of government if disclosure would
208     interfere with enforcement or audit efforts;
209          (11) records the disclosure of which would jeopardize the life or safety of an
210     individual;
211          (12) records the disclosure of which would jeopardize the security of governmental

212     property, governmental programs, or governmental recordkeeping systems from damage, theft,
213     or other appropriation or use contrary to law or public policy;
214          (13) records that, if disclosed, would jeopardize the security or safety of a correctional
215     facility, or records relating to incarceration, treatment, probation, or parole, that would interfere
216     with the control and supervision of an offender's incarceration, treatment, probation, or parole;
217          (14) records that, if disclosed, would reveal recommendations made to the Board of
218     Pardons and Parole by an employee of or contractor for the Department of Corrections, the
219     Board of Pardons and Parole, or the Department of Human Services that are based on the
220     employee's or contractor's supervision, diagnosis, or treatment of any person within the board's
221     jurisdiction;
222          (15) records and audit workpapers that identify audit, collection, and operational
223     procedures and methods used by the State Tax Commission, if disclosure would interfere with
224     audits or collections;
225          (16) records of a governmental audit agency relating to an ongoing or planned audit
226     until the final audit is released;
227          (17) records that are subject to the attorney client privilege;
228          (18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
229     employee, or agent of a governmental entity for, or in anticipation of, litigation or a judicial,
230     quasi-judicial, or administrative proceeding;
231          (19) (a) (i) personal files of a state legislator, including personal correspondence to or
232     from a member of the Legislature; and
233          (ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
234     legislative action or policy may not be classified as protected under this section; and
235          (b) (i) an internal communication that is part of the deliberative process in connection
236     with the preparation of legislation between:
237          (A) members of a legislative body;
238          (B) a member of a legislative body and a member of the legislative body's staff; or
239          (C) members of a legislative body's staff; and
240          (ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
241     legislative action or policy may not be classified as protected under this section;
242          (20) (a) records in the custody or control of the Office of Legislative Research and

243     General Counsel, that, if disclosed, would reveal a particular legislator's contemplated
244     legislation or contemplated course of action before the legislator has elected to support the
245     legislation or course of action, or made the legislation or course of action public; and
246          (b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
247     Office of Legislative Research and General Counsel is a public document unless a legislator
248     asks that the records requesting the legislation be maintained as protected records until such
249     time as the legislator elects to make the legislation or course of action public;
250          (21) research requests from legislators to the Office of Legislative Research and
251     General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared
252     in response to these requests;
253          (22) drafts, unless otherwise classified as public;
254          (23) records concerning a governmental entity's strategy about:
255          (a) collective bargaining; or
256          (b) imminent or pending litigation;
257          (24) records of investigations of loss occurrences and analyses of loss occurrences that
258     may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
259     Uninsured Employers' Fund, or similar divisions in other governmental entities;
260          (25) records, other than personnel evaluations, that contain a personal recommendation
261     concerning an individual if disclosure would constitute a clearly unwarranted invasion of
262     personal privacy, or disclosure is not in the public interest;
263          (26) records that reveal the location of historic, prehistoric, paleontological, or
264     biological resources that if known would jeopardize the security of those resources or of
265     valuable historic, scientific, educational, or cultural information;
266          (27) records of independent state agencies if the disclosure of the records would
267     conflict with the fiduciary obligations of the agency;
268          (28) records of an institution within the state system of higher education defined in
269     Section 53B-1-102 regarding tenure evaluations, appointments, applications for admissions,
270     retention decisions, and promotions, which could be properly discussed in a meeting closed in
271     accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records of
272     the final decisions about tenure, appointments, retention, promotions, or those students
273     admitted, may not be classified as protected under this section;

274          (29) records of the governor's office, including budget recommendations, legislative
275     proposals, and policy statements, that if disclosed would reveal the governor's contemplated
276     policies or contemplated courses of action before the governor has implemented or rejected
277     those policies or courses of action or made them public;
278          (30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
279     revenue estimates, and fiscal notes of proposed legislation before issuance of the final
280     recommendations in these areas;
281          (31) records provided by the United States or by a government entity outside the state
282     that are given to the governmental entity with a requirement that they be managed as protected
283     records if the providing entity certifies that the record would not be subject to public disclosure
284     if retained by it;
285          (32) transcripts, minutes, recordings, or reports of the closed portion of a meeting of a
286     public body except as provided in Section 52-4-206;
287          (33) records that would reveal the contents of settlement negotiations but not including
288     final settlements or empirical data to the extent that they are not otherwise exempt from
289     disclosure;
290          (34) memoranda prepared by staff and used in the decision-making process by an
291     administrative law judge, a member of the Board of Pardons and Parole, or a member of any
292     other body charged by law with performing a quasi-judicial function;
293          (35) records that would reveal negotiations regarding assistance or incentives offered
294     by or requested from a governmental entity for the purpose of encouraging a person to expand
295     or locate a business in Utah, but only if disclosure would result in actual economic harm to the
296     person or place the governmental entity at a competitive disadvantage, but this section may not
297     be used to restrict access to a record evidencing a final contract;
298          (36) materials to which access must be limited for purposes of securing or maintaining
299     the governmental entity's proprietary protection of intellectual property rights including patents,
300     copyrights, and trade secrets;
301          (37) the name of a donor or a prospective donor to a governmental entity, including an
302     institution within the state system of higher education defined in Section 53B-1-102, and other
303     information concerning the donation that could reasonably be expected to reveal the identity of
304     the donor, provided that:

305          (a) the donor requests anonymity in writing;
306          (b) any terms, conditions, restrictions, or privileges relating to the donation may not be
307     classified protected by the governmental entity under this Subsection (37); and
308          (c) except for an institution within the state system of higher education defined in
309     Section 53B-1-102, the governmental unit to which the donation is made is primarily engaged
310     in educational, charitable, or artistic endeavors, and has no regulatory or legislative authority
311     over the donor, a member of the donor's immediate family, or any entity owned or controlled
312     by the donor or the donor's immediate family;
313          (38) accident reports, except as provided in Sections 41-6a-404, 41-12a-202, and
314     73-18-13;
315          (39) a notification of workers' compensation insurance coverage described in Section
316     34A-2-205;
317          (40) (a) the following records of an institution within the state system of higher
318     education defined in Section 53B-1-102, which have been developed, discovered, disclosed to,
319     or received by or on behalf of faculty, staff, employees, or students of the institution:
320          (i) unpublished lecture notes;
321          (ii) unpublished notes, data, and information:
322          (A) relating to research; and
323          (B) of:
324          (I) the institution within the state system of higher education defined in Section
325     53B-1-102; or
326          (II) a sponsor of sponsored research;
327          (iii) unpublished manuscripts;
328          (iv) creative works in process;
329          (v) scholarly correspondence; and
330          (vi) confidential information contained in research proposals;
331          (b) Subsection (40)(a) may not be construed to prohibit disclosure of public
332     information required pursuant to Subsection 53B-16-302(2)(a) or (b); and
333          (c) Subsection (40)(a) may not be construed to affect the ownership of a record;
334          (41) (a) records in the custody or control of the Office of Legislative Auditor General
335     that would reveal the name of a particular legislator who requests a legislative audit prior to the

336     date that audit is completed and made public; and
337          (b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
338     Office of the Legislative Auditor General is a public document unless the legislator asks that
339     the records in the custody or control of the Office of Legislative Auditor General that would
340     reveal the name of a particular legislator who requests a legislative audit be maintained as
341     protected records until the audit is completed and made public;
342          (42) records that provide detail as to the location of an explosive, including a map or
343     other document that indicates the location of:
344          (a) a production facility; or
345          (b) a magazine;
346          (43) information:
347          (a) contained in the statewide database of the Division of Aging and Adult Services
348     created by Section 62A-3-311.1; or
349          (b) received or maintained in relation to the Identity Theft Reporting Information
350     System (IRIS) established under Section 67-5-22;
351          (44) information contained in the Management Information System and Licensing
352     Information System described in Title 62A, Chapter 4a, Child and Family Services;
353          (45) information regarding National Guard operations or activities in support of the
354     National Guard's federal mission;
355          (46) records provided by any pawn or secondhand business to a law enforcement
356     agency or to the central database in compliance with Title 13, Chapter 32a, Pawnshop and
357     Secondhand Merchandise Transaction Information Act;
358          (47) information regarding food security, risk, and vulnerability assessments performed
359     by the Department of Agriculture and Food;
360          (48) except to the extent that the record is exempt from this chapter pursuant to Section
361     63G-2-106, records related to an emergency plan or program, a copy of which is provided to or
362     prepared or maintained by the Division of Emergency Management, and the disclosure of
363     which would jeopardize:
364          (a) the safety of the general public; or
365          (b) the security of:
366          (i) governmental property;

367          (ii) governmental programs; or
368          (iii) the property of a private person who provides the Division of Emergency
369     Management information;
370          (49) records of the Department of Agriculture and Food that provides for the
371     identification, tracing, or control of livestock diseases, including any program established under
372     Title 4, Chapter 24, Utah Livestock Brand and Anti-Theft Act, or Title 4, Chapter 31, Control
373     of Animal Disease;
374          (50) as provided in Section 26-39-501:
375          (a) information or records held by the Department of Health related to a complaint
376     regarding a child care program or residential child care which the department is unable to
377     substantiate; and
378          (b) information or records related to a complaint received by the Department of Health
379     from an anonymous complainant regarding a child care program or residential child care;
380          (51) unless otherwise classified as public under Section 63G-2-301 and except as
381     provided under Section 41-1a-116, an individual's home address, home telephone number, or
382     personal mobile phone number, if:
383          (a) the individual is required to provide the information in order to comply with a law,
384     ordinance, rule, or order of a government entity; and
385          (b) the subject of the record has a reasonable expectation that this information will be
386     kept confidential due to:
387          (i) the nature of the law, ordinance, rule, or order; and
388          (ii) the individual complying with the law, ordinance, rule, or order;
389          (52) the portion of the following documents that contains a candidate's residential or
390     mailing address, if the candidate provides to the filing officer another address or phone number
391     where the candidate may be contacted:
392          (a) a declaration of candidacy, a nomination petition, or a certificate of nomination,
393     described in Section 20A-9-201, 20A-9-202, 20A-9-203, 20A-9-404, 20A-9-405, 20A-9-408,
394     20A-9-408.5, 20A-9-502, or 20A-9-601;
395          (b) an affidavit of impecuniosity, described in Section 20A-9-201; or
396          (c) a notice of intent to gather signatures for candidacy, described in Section
397     20A-9-408;

398          (53) the name, home address, work addresses, and telephone numbers of an individual
399     that is engaged in, or that provides goods or services for, medical or scientific research that is:
400          (a) conducted within the state system of higher education, as defined in Section
401     53B-1-102; and
402          (b) conducted using animals;
403          (54) in accordance with Section 78A-12-203, any record of the Judicial Performance
404     Evaluation Commission concerning an individual commissioner's vote on whether or not to
405     recommend that the voters retain a judge including information disclosed under Subsection
406     78A-12-203(5)(e);
407          (55) information collected and a report prepared by the Judicial Performance
408     Evaluation Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter
409     12, Judicial Performance Evaluation Commission Act, requires disclosure of, or makes public,
410     the information or report;
411          (56) records contained in the Management Information System created in Section
412     62A-4a-1003;
413          (57) records provided or received by the Public Lands Policy Coordinating Office in
414     furtherance of any contract or other agreement made in accordance with Section 63J-4-603;
415          (58) information requested by and provided to the 911 Division under Section
416     63H-7a-302;
417          (59) in accordance with Section 73-10-33:
418          (a) a management plan for a water conveyance facility in the possession of the Division
419     of Water Resources or the Board of Water Resources; or
420          (b) an outline of an emergency response plan in possession of the state or a county or
421     municipality;
422          (60) the following records in the custody or control of the Office of Inspector General
423     of Medicaid Services, created in Section 63A-13-201:
424          (a) records that would disclose information relating to allegations of personal
425     misconduct, gross mismanagement, or illegal activity of a person if the information or
426     allegation cannot be corroborated by the Office of Inspector General of Medicaid Services
427     through other documents or evidence, and the records relating to the allegation are not relied
428     upon by the Office of Inspector General of Medicaid Services in preparing a final investigation

429     report or final audit report;
430          (b) records and audit workpapers to the extent they would disclose the identity of a
431     person who, during the course of an investigation or audit, communicated the existence of any
432     Medicaid fraud, waste, or abuse, or a violation or suspected violation of a law, rule, or
433     regulation adopted under the laws of this state, a political subdivision of the state, or any
434     recognized entity of the United States, if the information was disclosed on the condition that
435     the identity of the person be protected;
436          (c) before the time that an investigation or audit is completed and the final
437     investigation or final audit report is released, records or drafts circulated to a person who is not
438     an employee or head of a governmental entity for the person's response or information;
439          (d) records that would disclose an outline or part of any investigation, audit survey
440     plan, or audit program; or
441          (e) requests for an investigation or audit, if disclosure would risk circumvention of an
442     investigation or audit;
443          (61) records that reveal methods used by the Office of Inspector General of Medicaid
444     Services, the fraud unit, or the Department of Health, to discover Medicaid fraud, waste, or
445     abuse;
446          (62) information provided to the Department of Health or the Division of Occupational
447     and Professional Licensing under Subsection 58-68-304(3) or (4);
448          (63) a record described in Section 63G-12-210;
449          (64) captured plate data that is obtained through an automatic license plate reader
450     system used by a governmental entity as authorized in Section 41-6a-2003;
451          (65) any record in the custody of the Utah Office for Victims of Crime relating to a
452     victim, including:
453          (a) a victim's application or request for benefits;
454          (b) a victim's receipt or denial of benefits; and
455          (c) any administrative notes or records made or created for the purpose of, or used to,
456     evaluate or communicate a victim's eligibility for or denial of benefits from the Crime Victim
457     Reparations Fund;
458          (66) an audio or video recording created by a body-worn camera, as that term is
459     defined in Section 77-7a-103, that records sound or images inside a hospital or health care

460     facility as those terms are defined in Section 78B-3-403, inside a clinic of a health care
461     provider, as that term is defined in Section 78B-3-403, or inside a human service program as
462     that term is defined in Section 62A-2-101, except for recordings that:
463          (a) depict the commission of an alleged crime;
464          (b) record any encounter between a law enforcement officer and a person that results in
465     death or bodily injury, or includes an instance when an officer fires a weapon;
466          (c) record any encounter that is the subject of a complaint or a legal proceeding against
467     a law enforcement officer or law enforcement agency;
468          (d) contain an officer involved critical incident as defined in Subsection
469     76-2-408(1)(d); or
470          (e) have been requested for reclassification as a public record by a subject or
471     authorized agent of a subject featured in the recording;
472          (67) a record pertaining to the search process for a president of an institution of higher
473     education described in Section 53B-2-102, except for application materials for a publicly
474     announced finalist; and
475          (68) an audio recording that is:
476          (a) produced by an audio recording device that is used in conjunction with a device or
477     piece of equipment designed or intended for resuscitating an individual or for treating an
478     individual with a life-threatening condition;
479          (b) produced during an emergency event when an individual employed to provide law
480     enforcement, fire protection, paramedic, emergency medical, or other first responder service:
481          (i) is responding to an individual needing resuscitation or with a life-threatening
482     condition; and
483          (ii) uses a device or piece of equipment designed or intended for resuscitating an
484     individual or for treating an individual with a life-threatening condition; and
485          (c) intended and used for purposes of training emergency responders how to improve
486     their response to an emergency situation;
487          (69) records submitted by or prepared in relation to an applicant seeking a
488     recommendation by the Research and General Counsel Subcommittee, the Budget
489     Subcommittee, or the Audit Subcommittee, established under Section 36-12-8, for an
490     employment position with the Legislature;

491          (70) work papers as defined in Section 31A-2-204;
492          (71) a record made available to Adult Protective Services or a law enforcement agency
493     under Section 61-1-206;
494          (72) a record submitted to the Insurance Department in accordance with Section
495     31A-37-201 or 31A-22-653; [and]
496          (73) a record described in Section 31A-37-503[.];
497          (74) any record created by the Division of Occupational and Professional Licensing as
498     a result of Subsection 58-37f-304(5) or 58-37f-702(2)(a)(ii); and
499          (75) a record described in Section 72-16-306 that relates to the reporting of an injury
500     involving an amusement ride.
501          Section 5. Section 63I-2-231 is amended to read:
502          63I-2-231. Repeal dates -- Title 31A.
503          [(1) Title 31A, Chapter 30, Part 2, Defined Contribution Arrangements is repealed July
504     1, 2019.]
505          [(2) Title 31A, Chapter 30, Part 3, Individual and Small Employer Risk Adjustment
506     Act is repealed July 1, 2019.]
507          Section 31A-22-653 is repealed January 1, 2023.