This document includes House Committee Amendments incorporated into the bill on Thu, Feb 9, 2023 at 10:57 AM by pflowers.
1
2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill enacts provisions related to a patient's health information contained by hospital
10 systems.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ requires certain hospital systems to collectively select a method that allows a health
15 care provider to access patient information for the patient the health care provider is
16 treating;
17 ▸ requires the Department of Health and Human Services (department) to facilitate
18 discussions between the hospital systems; and
19 ▸ allows the department to designate a health information exchange that hospital
20 systems must adopt if the hospital systems are unable to collectively make a
21 decision.
22 Money Appropriated in this Bill:
23 This bill appropriates in fiscal year 2024:
24 ▸ to the Department of Health and Human Services - Operations - Data, Systems, &
25 Evaluations, as an ongoing appropriation:
26 • from the General Fund, $1,500,000.
27 Other Special Clauses:
28 None
29 Utah Code Sections Affected:
30 AMENDS:
31 26-70-101, as enacted by Laws of Utah 2022, Chapter 327
32 63I-1-226, as last amended by Laws of Utah 2022, Chapters 194, 206, 224, 253, 255,
33 347, and 451
34 ENACTS:
35 26-21-36, Utah Code Annotated 1953
36 26-70-103, Utah Code Annotated 1953
37
38 Be it enacted by the Legislature of the state of Utah:
39 Section 1. Section 26-21-36 is enacted to read:
40 26-21-36. Health care facilities within a hospital system.
41 (1) As used in this section:
42 (a) "Hospital system" means the same as that term is defined in Section 26-70-101.
43 (b) "Medical information" means the same as that term is defined in Section
44 26-70-101.
45 (2) Beginning July 1, 2025, a health care facility that is owned or operated by a hospital
46 system shall ensure that medical information collected by the health care facility is accessible
47 in accordance with Section 26-70-103.
48 Section 2. Section 26-70-101 is amended to read:
49
50 26-70-101. Definitions.
51 As used in this chapter:
52 (1) "HIPAA" means the Health Insurance Portability and Accountability Act of 1996,
53 Pub. L. No. 104-191, 110 Stat. 1936, as amended.
54 (2) "Hospital" means:
55 (a) a general acute hospital as defined in Section 26-21-2; and
56 (b) a specialty hospital as defined in Section 26-21-2.
57 (3) "Hospital system" means an entity that owns or operates at least five hospitals that
58 are licensed under Chapter 21, Health Care Facility Licensing and Inspection Act.
59 (4) "Medical information" means one or more of the following regarding a patient:
60 (a) for each time the patient is hospitalized:
61 (i) an admission history and physical exam; or
62 (ii) a discharge summary;
63 (b) the health care provider's notes regarding:
64 (i) an emergency room visit;
65 (ii) an urgent care visit;
66 (iii) a primary care outpatient care visit; or
67 (iv) a consultation office visit;
68 (c) a radiology report;
69 (d) a lab report; or
70 (e) a pathology report.
71 [
72 [
73 164.502(g).
74 Section 3. Section 26-70-103 is enacted to read:
75 26-70-103. Patient information access by a health care provider.
76 (1) Ĥ→ [
77 patient's medical information that is created when the patient receives care from the hospital
78 system is accessible to a physician designated by the patient, preferably through the use of
79 single login.
79a care in their hospital that the patient's medical information maintained by all of the hospital
79b systems is accessible to a physician designated by the patient, preferably through the use of
79c single login. ←Ĥ
80 (2) The department shall facilitate discussions with each hospital system and the One
81 Utah Health Collaborative as to how to best achieve the requirement described in Subsection
82 (1).
83 (3) The liability protections of Subsection 26-1-37(5) a hospital system's compliance
84 with Subsection (1).
85 (4) To better improve patient access to the patient's medical information, the
86 department shall communicate with each hospital system and with the One Utah Health
87 Collaborative to determine whether each hospital system, collectively, will create and adopt the
88 same policies regarding one or all of the following:
89 (a) the creation of a published provider directory that contains identifying information
90 of the providers to facilitate interfaces between systems;
91 (b) the establishment of technical specifications that would enable identity verification
92 and authentication both for a patient and a health care provider; and
93 (c) the creation of a consensus data sharing agreement for health care providers and
94 hospitals that is consistent with applicable federal and state laws.
95 (5) The department shall report to the Health and Human Services Interim Committee
96 before November 1, 2023, and again between June 1, 2024, and November 1, 2024, regarding:
97 (a) any progress towards the hospital systems complying with Subsection (1); and
98 (b) whether a consensus has been achieved on any of the items listed in Subsection (4).
99 (6) To better improve a patient's access and control of the patient's own medical
100 information when a patient receives care from more than one hospital system, the department
101 shall communicate with each hospital system and with the One Utah Health Collaborative to
102 determine which policies or projects would best improve:
103 (a) the accuracy of any information that the patient requests to have shared;
104 (b) the completeness of any information that the patient requests to have shared;
105 (c) the security of any information that the patient requests to have shared;
106 (d) the timeliness of any information that the patient requests to have shared;
107 (e) the ability of the patient to block any of the patient's data from being shared; or
108 (f) the ability of the patient to block the patient's data from any individual source from
109 being shared.
110 Section 4. Section 63I-1-226 is amended to read:
111 63I-1-226. Repeal dates: Title 26 through 26B.
112 (1) Section 26-1-7.5, which creates the Utah Health Advisory Council, is repealed July
113 1, 2025.
114 (2) Section 26-1-40 is repealed July 1, 2022.
115 (3) Section 26-1-41 is repealed July 1, 2026.
116 (4) Section 26-1-43 is repealed December 31, 2025.
117 (5) Section 26-7-10 is repealed July 1, 2025.
118 (6) Subsection 26-7-11(5), regarding reports to the Legislature, is repealed July 1,
119 2028.
120 (7) Section 26-7-14 is repealed December 31, 2027.
121 (8) Section 26-8a-603 is repealed July 1, 2027.
122 (9) Title 26, Chapter 9f, Utah Digital Health Service Commission Act, is repealed July
123 1, 2025.
124 (10) Subsection 26-10-6(5), which creates the Newborn Hearing Screening Committee,
125 is repealed July 1, 2026.
126 (11) Section 26-10b-106, which creates the Primary Care Grant Committee, is repealed
127 July 1, 2025.
128 (12) Subsection 26-15c-104(3), relating to a limitation on the number of
129 microenterprise home kitchen permits that may be issued, is repealed July 1, 2022.
130 (13) Subsection 26-18-2.6(9), which addresses reimbursement for dental hygienists, is
131 repealed July 1, 2028.
132 (14) Section 26-18-27 is repealed July 1, 2025.
133 (15) Section 26-18-28 is repealed June 30, 2027.
134 (16) Title 26, Chapter 18, Part 2, Drug Utilization Review Board, is repealed July 1,
135 2027.
136 (17) Subsection 26-18-418(2), the language that states "and the Behavioral Health
137 Crisis Response Commission created in Section 63C-18-202" is repealed July 1, 2023.
138 (18) Section 26-33a-117 is repealed December 31, 2023.
139 (19) Title 26, Chapter 33a, Utah Health Data Authority Act, is repealed July 1, 2024.
140 (20) Title 26, Chapter 36b, Inpatient Hospital Assessment Act, is repealed July 1,
141 2024.
142 (21) Title 26, Chapter 36c, Medicaid Expansion Hospital Assessment Act, is repealed
143 July 1, 2024.
144 (22) Title 26, Chapter 36d, Hospital Provider Assessment Act, is repealed July 1, 2024.
145 (23) Section 26-39-201, which creates the Residential Child Care Licensing Advisory
146 Committee, is repealed July 1, 2024.
147 (24) Section 26-39-405, Drinking water quality in child care centers, is repealed July 1,
148 2027.
149 (25) Section 26-40-104, which creates the Utah Children's Health Insurance Program
150 Advisory Council, is repealed July 1, 2025.
151 (26) Section 26-50-202, which creates the Traumatic Brain Injury Advisory
152 Committee, is repealed July 1, 2025.
153 (27) Title 26, Chapter 54, Spinal Cord and Brain Injury Rehabilitation Fund and
154 Pediatric Neuro-Rehabilitation Fund, is repealed January 1, 2025.
155 (28) Title 26, Chapter 66, Early Childhood Utah Advisory Council, is repealed July 1,
156 2026.
157 (29) Title 26, Chapter 68, COVID-19 Vaccine Restrictions Act, is repealed July 1,
158 2024.
159 (30) Section 26-69-406 is repealed July 1, 2025.
160 (31) Section 26-70-103 is repealed July 1, 2027.
161 [
162 Advisory Committee, is repealed July 1, 2024.
163 [
164 is repealed July 1, 2025.
165 Section 5. Appropriation.
166 The following sums of money are appropriated for the fiscal year beginning July 1,
167 2023, and ending June 30, 2024. These are additions to amounts previously appropriated for
168 fiscal year 2024. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
169 Act, the Legislature appropriates the following sums of money from the funds or accounts
170 indicated for the use and support of the government of the state of Utah.
171 ITEM 1
172 To Department of Health and Human Services - Operations
173 From General Fund
1,500,000
174 Schedule of Programs:
175 Data, Systems, & Evaluations 1,500,000
176 The Legislature intends that the Department of Health and Human Services use the
177 appropriation, through one or more requests for proposal, to:
178 (1) assist the hospital systems to meet the obligations of Subsection 26-70-103(1);
179 (2) assist in facilitating discussions and creating policies upon consensus as described
180 in Subsection 26-70-103(5); and
181 (3) accomplish the projects described in Subsection 26-70-103(6).