Representative Candice B. Pierucci proposes the following substitute bill:


1     
BIRTH CERTIFICATE AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Candice B. Pierucci

5     
Senate Sponsor: Kirk A. Cullimore

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to birth certificates.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     allows the Department of Health to request additional information for registering a
14     birth under certain circumstances;
15          ▸     requires the department to accept written requests from an individual to de-identify
16     information associated with registering a birth;
17          ▸     requires the department to de-identify information related to registering a birth
18     under certain circumstances;
19          ▸     requires the office to create a report regarding the elimination or reducing of birth
20     certificate fees;
21          ▸     creates a repeal date for the report; and
22          ▸     makes technical changes.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:

26          None
27     Utah Code Sections Affected:
28     AMENDS:
29          26-2-4, as last amended by Laws of Utah 2007, Chapter 32
30          26-2-12.6, as last amended by Laws of Utah 2021, Chapter 284
31          63I-2-226, as last amended by Laws of Utah 2021, Chapters 277, 422, and 433
32     

33     Be it enacted by the Legislature of the state of Utah:
34          Section 1. Section 26-2-4 is amended to read:
35          26-2-4. Content and form of certificates and reports.
36          (1) As used in this section, "additional information" means information that is beyond
37     the information necessary to comply with federal standards, federal contracts, or state law for
38     registering a birth.
39          [(1)] (2) Except as provided in Subsection [(5)] (6), to promote and maintain
40     nationwide uniformity in the vital records system, the forms of certificates, certification,
41     reports, and other documents and records required by this chapter or the rules implementing
42     this chapter shall include as a minimum the items recommended by the federal agency
43     responsible for national vital statistics, subject to approval, additions, and modifications by the
44     department.
45          [(2)] (3) Certificates, certifications, forms, reports, other documents and records, and
46     the form of communications between persons required by this chapter shall be prepared in the
47     format prescribed by department rule.
48          [(3)] (4) All vital records shall include the date of filing.
49          [(4)] (5) Certificates, certifications, forms, reports, other documents and records, and
50     communications between persons required by this chapter may be signed, filed, verified,
51     registered, and stored by photographic, electronic, or other means as prescribed by department
52     rule.
53          [(5)] (6) (a) The state:
54          [(a)] (i) may collect the Social Security number of a deceased individual; and
55          [(b)] (ii) may not include the Social Security number of an individual on a certificate of
56     death.

57          (b) For registering a birth, the department may not require an individual to provide
58     additional information.
59          (c) The department may request additional information if the department provides a
60     written statement that:
61          (i) discloses that providing the additional information is voluntary;
62          (ii) discloses how the additional information will be used and the duration of use;
63          (iii) describes how the department prevents the additional information from being used
64     in a manner different from the disclosure given under Subsection (5)(c)(ii); and
65          (iv) includes a notice that the individual is consenting to the department's use of the
66     additional information by providing the additional information.
67          (d) (i) Beginning July 1, 2022, an individual may submit a written request to
68     de-identify the individual's additional information.
69          (ii) Upon receiving the written request, the department shall de-identify the additional
70     information.
71          (e) The department shall de-identify additional information contained in the
72     department's databases before the additional information is held by the department for longer
73     than six years.
74          Section 2. Section 26-2-12.6 is amended to read:
75          26-2-12.6. Fee waived for certified copy of birth certificate -- Complimentary
76     birth certificate.
77          (1) Notwithstanding Section 26-1-6 and Section 26-2-12.5, the department shall waive
78     a fee that would otherwise be charged for a certified copy of a birth certificate, if the individual
79     whose birth is confirmed by the birth certificate is:
80          (a) the individual requesting the certified copy of the birth certificate; and
81          (b) (i) homeless, as defined in Section 26-18-411;
82          (ii) a person who is homeless, as defined in Section 35A-5-302;
83          (iii) an individual whose primary nighttime residence is a location that is not designed
84     for or ordinarily used as a sleeping accommodation for an individual;
85          (iv) a homeless service provider as verified by the Department of Workforce Services;
86     or
87          (v) a homeless child or youth, as defined in 42 U.S.C. Sec. 11434a.

88          (2) To satisfy the requirement in Subsection (1)(b), the department shall accept written
89     verification that the individual is homeless or a person, child, or youth who is homeless from:
90          (a) a homeless shelter[, as defined in Section 10-9a-526];
91          (b) a permanent housing, permanent, supportive, or transitional facility, as defined in
92     Section 35A-5-302;
93          (c) the Department of Workforce Services;
94          (d) a homeless service provider as verified by the Department of Workforce Services;
95     or
96          (e) a local educational agency liaison for homeless children and youth designated under
97     42 U.S.C. Sec. 11432(g)(1)(J)(ii).
98          (3) Before October 1, 2022, the office shall submit a report to the Health and Human
99     Services Interim Committee providing several options on how the office can eliminate or
100     significantly reduce birth certificate fees.
101          Section 3. Section 63I-2-226 is amended to read:
102          63I-2-226. Repeal dates, Title 26.
103          (1) Subsection 26-1-7(1)(c), in relation to the Air Ambulance Committee, is repealed
104     July 1, 2024.
105          (2) Subsection 26-2-12.6(3), relating to the report for birth certificate fees, is repealed
106     December 31, 2022.
107          [(2)] (3) Section 26-4-6.1 is repealed January 1, 2022.
108          [(3)] (4) Section 26-6-41, in relation to termination of public health emergency powers
109     pertaining to COVID-19, is repealed on July 1, 2021.
110          [(4)] (5) Subsection 26-7-8(3) is repealed January 1, 2027.
111          [(5)] (6) Section 26-8a-107 is repealed July 1, 2024.
112          [(6)] (7) Subsection 26-8a-203(3)(a)(i) is repealed January 1, 2023.
113          [(7)] (8) Section 26-8a-211 is repealed July 1, 2023.
114          [(8)] (9) In relation to the Air Ambulance Committee, on July 1, 2024, Subsection
115     26-8a-602(1)(a) is amended to read:
116          "(a) provide the patient or the patient's representative with the following information
117     before contacting an air medical transport provider:
118          (i) which health insurers in the state the air medical transport provider contracts with;

119          (ii) if sufficient data is available, the average charge for air medical transport services
120     for a patient who is uninsured or out of network; and
121          (iii) whether the air medical transport provider balance bills a patient for any charge
122     not paid by the patient's health insurer; and".
123          [(9)] (10) Subsection 26-18-2.4(3)(e) is repealed January 1, 2023.
124          [(10)] (11) Subsection 26-18-411(8), related to reporting on the health coverage
125     improvement program, is repealed January 1, 2023.
126          [(11)] (12) Subsection 26-18-420(5), related to reporting on coverage for in vitro
127     fertilization and genetic testing, is repealed July 1, 2030.
128          [(12)] (13) In relation to the Air Ambulance Committee, July 1, 2024, Subsection
129     26-21-32(1)(a) is amended to read:
130          "(a) provide the patient or the patient's representative with the following information
131     before contacting an air medical transport provider:
132          (i) which health insurers in the state the air medical transport provider contracts with;
133          (ii) if sufficient data is available, the average charge for air medical transport services
134     for a patient who is uninsured or out of network; and
135          (iii) whether the air medical transport provider balance bills a patient for any charge
136     not paid by the patient's health insurer; and".
137          [(13)] (14) Subsection 26-33a-106.1(2)(a) is repealed January 1, 2023.
138          [(14)] (15) Title 26, Chapter 46, Utah Health Care Workforce Financial Assistance
139     Program, is repealed July 1, 2027.
140          [(15)] (16) Subsection 26-61-202(4)(b) is repealed January 1, 2022.
141          [(16)] (17) Subsection 26-61-202(5) is repealed January 1, 2022.
142          [(17)] (18) Section 26A-1-130, in relation to termination of public health emergency
143     powers pertaining to COVID-19, is repealed on July 1, 2021.
144          [(18)] (19) Section 26B-1-201.1 is repealed July 1, 2022.