Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 126 (2016GS)

Sponsor

Sen. Henderson, D.

Final action

Governor Signed 3/18/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• modifies the rulemaking authority of the following committees to require concurrence with the Department of Health:
• State Emergency Medical Services Committee;
• Primary Care Grant Committee;
• Health Facility Committee;
• Health Data Committee; and
• Child Care Licensing Committee;
• provides that if concurrence with the Department of Health is required in rulemaking, the department has final authority if no concurrence can be reached; and
• makes technical changes.

Every vote on this bill

Bill text

COMMITTEE AUTHORITY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Deidre M. Henderson
House Sponsor: 
Steve Eliason
LONG TITLE
General Description:
This bill modifies provisions related to the rulemaking authority of the Department of
Health and certain committees created within the department.
Highlighted Provisions:
This bill:
▸ modifies the rulemaking authority of the following committees to require
concurrence with the Department of Health:
• State Emergency Medical Services Committee;
• Primary Care Grant Committee;
• Health Facility Committee;
• Health Data Committee; and
• Child Care Licensing Committee;
▸ provides that if concurrence with the Department of Health is required in
rulemaking, the department has final authority if no concurrence can be reached;
and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
26-1-5
, as last amended by Laws of Utah 2011, Chapter 297
26-8a-104
, as last amended by Laws of Utah 2008, Chapter 382
26-8a-106
 (Superseded 07/01/16)
, as last amended by Laws of Utah 2011, Chapter 181
26-8a-106
 (Effective 07/01/16)
, as last amended by Laws of Utah 2015, Chapter 141
26-10b-106
, as enacted by Laws of Utah 2014, Chapter 384
26-21-5
, as last amended by Laws of Utah 2008, Chapter 382
26-21-6
, as last amended by Laws of Utah 2012, Chapter 328
26-21-8
, as last amended by Laws of Utah 2011, Chapter 161
26-33a-102
, as last amended by Laws of Utah 2011, Chapter 400
26-33a-104
, as last amended by Laws of Utah 2013, Chapter 167
26-33a-106.5
, as last amended by Laws of Utah 2014, Chapter 425
26-33a-107
, as last amended by Laws of Utah 1996, Chapter 201
26-33a-109
, as last amended by Laws of Utah 2014, Chapter 425
26-39-203
, as enacted by Laws of Utah 2014, Chapter 322
26-39-301
, as last amended by Laws of Utah 2014, Chapter 322
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26-1-5
 is amended to read:
26-1-5.
Rules of department.
(1) 
(a)
 Except in areas [
regulated by statutory committees created by this title
] 
subject
to concurrence between the department and a committee created under this title
 , the department
shall have the power to adopt, amend, or rescind rules necessary to carry out the provisions of
this title.
(b) If the adoption of rules under a provision of this title is subject to concurrence
between the department and a committee created under this title and no concurrence can be
reached, the department has final authority to adopt, amend, or rescind rules necessary to carry
out the provisions of this title.
 (c) When the provisions of this title require concurrence between the department and a
committee created under this title:
 (i) the department shall report to and update the committee on a regular basis related to
matters requiring concurrence; and 
 (ii) the committee shall review the report submitted by the department under this
Subsection (1)(c) and shall:
 (A) concur with the report; or 
 (B) provide a reason for not concurring with the report and provide an alternative
recommendation to the department. 
(2) Rules shall have the force and effect of law and may deal with matters which
materially affect the security of health or the preservation and improvement of public health in
the state, and any matters as to which jurisdiction is conferred upon the department by this title.
(3) Every rule adopted by the department [
pursuant to this section
], or 
by the
concurrence of the department and
 a committee established under Section 
26-1-7
 or 
26-1-7.5
,
shall be subject to Title 63G, Chapter 3, Utah Administrative Rulemaking Act and shall
become effective at the time and in the manner provided in that act.
(4) If, at the next general session of the Legislature following the filing of a rule with
the legislative research director, the Legislature passes a bill disapproving such rule, the rule
shall be null and void.
(5) The department or 
the department in concurrence with
 a committee created under
Section 
26-1-7
 or 
26-1-7.5
, may not adopt a rule identical to a rule disapproved under
Subsection (4) of this section[
,
] before the beginning of the next general session of the
Legislature following the general session at which the rule was disapproved.
Section 2. Section 
26-8a-104
 is amended to read:
26-8a-104.
Committee advisory duties.
The committee shall adopt rules 
, with the concurrence of the department,
 in accordance
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
(1) establish certification and reciprocity requirements under Section 
26-8a-302
;
(2) establish designation requirements under Section 
26-8a-303
;
(3) promote the development of a statewide emergency medical services system under
Section 
26-8a-203
;
(4) establish insurance requirements for ambulance providers;
(5) provide guidelines for requiring patient data under Section 
26-8a-203
;
(6) establish criteria for awarding grants under Section 
26-8a-207
;
(7) establish requirements for the coordination of emergency medical services and the
medical supervision of emergency medical service providers under Section 
26-8a-306
; and
(8) are necessary to carry out the responsibilities of the committee as specified in other
sections of this chapter.
Section 3. Section 
26-8a-106 (Superseded 07/01/16)
 is amended to read:
26-8a-106 (Superseded 07/01/16).
Waiver of rules.
(1) Upon application, the [
committee or
] department
, or the committee with the
concurrence of the department,
 may waive the requirements of a rule [
it
] 
the department, or the
committee with the concurrence of the department,
 has adopted if:
(a) the person applying for the waiver satisfactorily demonstrates that:
(i) the waiver is necessary for a pilot project to be undertaken by the applicant;
(ii) in the particular situation, the requirement serves no beneficial public purpose; or
(iii) circumstances warrant that waiver of the requirement outweighs the public benefit
to be gained by adherence to the rule; and
(b) for a waiver granted under Subsection (1)(a)(ii) or (iii)[
, the committee or
department
]:
(i) 
the committee or department
 extends the waiver to similarly situated persons upon
application; or
(ii) 
the department, or the committee with the concurrence of the department,
 amends
the rule to be consistent with the waiver.
(2) A waiver of education, licensing, or certification requirements may be granted to a
veteran, as defined in Section 
71-8-1
, if the veteran:
(a) provides to the committee or department documentation showing military education
and training in the field in which certification or licensure is sought; and
(b) successfully passes any examination required.
(3) No waiver may be granted under this section that is inconsistent with the provisions
of this chapter.
Section 4. Section 
26-8a-106 (Effective 07/01/16)
 is amended to read:
26-8a-106 (Effective 07/01/16).
Waiver of rules.
(1) Upon application, the [
committee or
] department
, or the committee with the
concurrence of the department,
 may waive the requirements of a rule [
it
] 
the department, or the
committee with the concurrence of the department,
 has adopted if:
(a) the person applying for the waiver satisfactorily demonstrates that:
(i) the waiver is necessary for a pilot project to be undertaken by the applicant;
(ii) in the particular situation, the requirement serves no beneficial public purpose; or
(iii) circumstances warrant that waiver of the requirement outweighs the public benefit
to be gained by adherence to the rule; and
(b) for a waiver granted under Subsection (1)(a)(ii) or (iii)[
, the committee or
department
]:
(i) 
the committee or department
 extends the waiver to similarly situated persons upon
application; or
(ii) 
the department, or the committee with the concurrence of the department,
 amends
the rule to be consistent with the waiver.
(2) A waiver of education, licensing, or certification requirements may be granted to a
veteran, as defined in Section 
68-3-12.5
, if the veteran:
(a) provides to the committee or department documentation showing military education
and training in the field in which certification or licensure is sought; and
(b) successfully passes any examination required.
(3) No waiver may be granted under this section that is inconsistent with the provisions
of this chapter.
Section 5. Section 
26-10b-106
 is amended to read:
26-10b-106.
Primary Care Grant Committee.
(1) The Primary Care Grant Committee created in Section 
26-1-7
 shall:
(a) review grant applications forwarded to the committee by the department under
Subsection 
26-10b-104
(1);
(b) recommend, to the executive director, grant applications to award under Subsection
26-10b-102
(1);
(c) evaluate:
(i) the need for primary health care in different areas of the state;
(ii) how the program is addressing those needs; and
(iii) the overall effectiveness and efficiency of the program;
(d) review annual reports from primary care grant recipients;
(e) meet as necessary to carry out its duties, or upon a call by the committee chair or by
a majority of committee members; and
(f) make rules, 
with the concurrence of the department,
 in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, that govern the committee, including the
committee's grant selection criteria.
(2) The committee shall consist of:
(a) as chair, the executive director or an individual designated by the executive
director; and
(b) six members appointed by the governor to serve up to two consecutive, two-year
terms of office, including:
(i) four licensed health care professionals; and
(ii) two community advocates who are familiar with a medically underserved
population and with health care systems, where at least one is familiar with a rural medically
underserved population.
(3) The executive director may remove a committee member:
(a) if the member is unable or unwilling to carry out the member's assigned
responsibilities; or
(b) for a rational reason.
(4) A committee member may not [
be compensated
] 
receive compensation or benefits
for the member's service, except a committee member 
who is not an employee of the
department
 may [
be reimbursed for reasonable travel expenses related to the member's
committee responsibilities.
] 
receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance in accordance with Sections 
63A-3-106
 and
63A-3-107
.
Section 6. Section 
26-21-5
 is amended to read:
26-21-5.
Duties of committee.
The committee shall:
(1) 
with the concurrence of the department,
 make rules in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act:
(a) for the licensing of health-care facilities; and
(b) requiring the submission of architectural plans and specifications for any proposed
new health-care facility or renovation to the department for review;
(2) approve the information for applications for licensure pursuant to Section 
26-21-9
;
(3) advise the department as requested concerning the interpretation and enforcement
of the rules established under this chapter; and
(4) advise, consult, cooperate with, and provide technical assistance to other agencies
of the state and federal government, and other states and affected groups or persons in carrying
out the purposes of this chapter.
Section 7. Section 
26-21-6
 is amended to read:
26-21-6.
Duties of department.
(1) The department shall: 
(a) enforce rules established pursuant to this chapter;
(b) authorize an agent of the department to conduct inspections of health care facilities
pursuant to this chapter;
(c) collect information authorized by the committee that may be necessary to ensure
that adequate health care facilities are available to the public;
(d) collect and credit fees for licenses as free revenue;
(e) collect and credit fees for conducting plan reviews as dedicated credits;
(f) (i) collect and credit fees for conducting clearance under Chapter 21, Part 2,
Clearance for Direct Patient Access; and
(ii) beginning July 1, 2012:
(A) up to $105,000 of the fees collected under Subsection (1)(f)(i) are dedicated
credits; and
(B) the fees collected for background checks under Subsection 
26-21-204
(6) and
Section 
26-21-205
 shall be transferred to the Department of Public Safety to reimburse the
Department of Public Safety for its costs in conducting the federal background checks;
(g) designate an executive secretary from within the department to assist the committee
in carrying out its powers and responsibilities;
(h) establish reasonable standards for criminal background checks by public and
private entities;
(i) recognize those public and private entities that meet the standards established
pursuant to Subsection (1)(h); and
(j) provide necessary administrative and staff support to the committee.
(2) The department may:
(a) exercise all incidental powers necessary to carry out the purposes of this chapter;
(b) review architectural plans and specifications of proposed health care facilities or
renovations of health care facilities to ensure that the plans and specifications conform to rules
established by the committee; and
(c) 
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
make rules as necessary to implement the provisions of this chapter[
, except as authority is
specifically delegated to the committee
].
Section 8. Section 
26-21-8
 is amended to read:
26-21-8.
License required -- Not assignable or transferable -- Posting --
Expiration and renewal -- Time for compliance by operating facilities.
(1) (a) A person or governmental unit acting severally or jointly with any other person
or governmental unit, may not establish, conduct, or maintain a health care facility in this state
without receiving a license from the department as provided by this chapter and the rules [
of
the committee
] 
adopted pursuant to this chapter
 .
(b) This Subsection (1) does not apply to facilities that are exempt under Section
26-21-7
.
(2) A license issued under this chapter is not assignable or transferable.
(3) The current license shall at all times be posted in each health care facility in a place
readily visible and accessible to the public.
(4) (a) The department may issue a license for a period of time not to exceed 12
months from the date of issuance for an abortion clinic and not to exceed 24 months from the
date of issuance for other health care facilities that meet the provisions of this chapter and
department rules adopted pursuant to this chapter.
(b) Each license expires at midnight on the day designated on the license as the
expiration date, unless previously revoked by the department.
(c) The license shall be renewed upon completion of the application requirements,
unless the department finds the health care facility has not complied with the provisions of this
chapter or the rules adopted pursuant to this chapter.
(5) A license may be issued under this section only for the operation of a specific
facility at a specific site by a specific person.
(6) Any health care facility in operation at the time of adoption of any applicable rules
as provided under this chapter shall be given a reasonable time for compliance as determined
by the committee.
Section 9. Section 
26-33a-102
 is amended to read:
26-33a-102.
Definitions.
As used in this chapter:
(1) "Committee" means the Health Data Committee created by Section 
26-1-7
.
(2) "Control number" means a number assigned by the committee to an individual's
health data as an identifier so that the health data can be disclosed or used in research and
statistical analysis without readily identifying the individual.
(3) "Data supplier" means a health care facility, health care provider, self-funded
employer, third-party payor, health maintenance organization, or government department which
could reasonably be expected to provide health data under this chapter.
(4) "Disclosure" or "disclose" means the communication of health care data to any
individual or organization outside the committee, its staff, and contracting agencies.
(5) "Executive director" means the director of the department.
(6) 
(a)
 "Health care facility" means a facility that is licensed by the department under
Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act. [
The committee
]
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
committee, with the concurrence of the department,
 may by rule add, delete, or modify the list
of facilities that come within this definition for purposes of this chapter.
(7) "Health care provider" means any person, partnership, association, corporation, or
other facility or institution that renders or causes to be rendered health care or professional
services as a physician, registered nurse, licensed practical nurse, nurse-midwife, dentist, dental
hygienist, optometrist, clinical laboratory technologist, pharmacist, physical therapist, podiatric
physician, psychologist, chiropractic physician, naturopathic physician, osteopathic physician,
osteopathic physician and surgeon, audiologist, speech pathologist, certified social worker,
social service worker, social service aide, marriage and family counselor, or practitioner of
obstetrics, and others rendering similar care and services relating to or arising out of the health
needs of persons or groups of persons, and officers, employees, or agents of any of the above
acting in the course and scope of their employment.
(8) "Health data" means information relating to the health status of individuals, health
services delivered, the availability of health manpower and facilities, and the use and costs of
resources and services to the consumer, except vital records as defined in Section 
26-2-2
 shall
be excluded.
(9) "Health maintenance organization" has the meaning set forth in Section 
31A-8-101
.
(10) "Identifiable health data" means any item, collection, or grouping of health data
that makes the individual supplying or described in the health data identifiable.
(11) "Individual" means a natural person.
(12) "Organization" means any corporation, association, partnership, agency,
department, unit, or other legally constituted institution or entity, or part thereof.
(13) "Research and statistical analysis" means activities using health data analysis
including:
(a) describing the group characteristics of individuals or organizations;
(b) analyzing the noncompliance among the various characteristics of individuals or
organizations;
(c) conducting statistical procedures or studies to improve the quality of health data;
(d) designing sample surveys and selecting samples of individuals or organizations;
and
(e) preparing and publishing reports describing these matters.
(14) "Self-funded employer" means an employer who provides for the payment of
health care services for employees directly from the employer's funds, thereby assuming the
financial risks rather than passing them on to an outside insurer through premium payments.
(15) "Plan" means the plan developed and adopted by the Health Data Committee
under Section 
26-33a-104
.
(16) "Third party payor" means:
(a) an insurer offering a health benefit plan, as defined by Section 
31A-1-301
, to at
least 2,500 enrollees in the state;
(b) a nonprofit health service insurance corporation licensed under Title 31A, Chapter
7, Nonprofit Health Service Insurance Corporations;
(c) a program funded or administered by Utah for the provision of health care services,
including the Medicaid and medical assistance programs described in Chapter 18, Medical
Assistance Act; and
(d) a corporation, organization, association, entity, or person:
(i) which administers or offers a health benefit plan to at least 2,500 enrollees in the
state; and
(ii) which is required by administrative rule adopted by the department in accordance
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to supply health data to the
committee.
Section 10. Section 
26-33a-104
 is amended to read:
26-33a-104.
Purpose, powers, and duties of the committee.
(1) The purpose of the committee is to direct a statewide effort to collect, analyze, and
distribute health care data to facilitate the promotion and accessibility of quality and
cost-effective health care and also to facilitate interaction among those with concern for health
care issues.
(2) The committee shall:
(a) 
with the concurrence of the department and in accordance with Title 63G, Chapter
3, Utah Administrative Rulemaking Act,
 develop and adopt by rule, following public hearing
and comment, a health data plan that shall among its elements:
(i) identify the key health care issues, questions, and problems amenable to resolution
or improvement through better data, more extensive or careful analysis, or improved
dissemination of health data;
(ii) document existing health data activities in the state to collect, organize, or make
available types of data pertinent to the needs identified in Subsection (2)(a)(i);
(iii) describe and prioritize the actions suitable for the committee to take in response to
the needs identified in Subsection (2)(a)(i) in order to obtain or to facilitate the obtaining of
needed data, and to encourage improvements in existing data collection, interpretation, and
reporting activities, and indicate how those actions relate to the activities identified under
Subsection (2)(a)(ii);
(iv) detail the types of data needed for the committee's work, the intended data
suppliers, and the form in which such data are to be supplied, noting the consideration given to
the potential alternative sources and forms of such data and to the estimated cost to the
individual suppliers as well as to the department of acquiring these data in the proposed
manner; the plan shall reasonably demonstrate that the committee has attempted to maximize
cost-effectiveness in the data acquisition approaches selected;
(v) describe the types and methods of validation to be performed to assure data validity
and reliability;
(vi) explain the intended uses of and expected benefits to be derived from the data
specified in Subsection (2)(a)(iv), including the contemplated tabulation formats and analysis
methods; the benefits described shall demonstrably relate to one or more of the following:
(A) promoting quality health care;
(B) managing health care costs; or
(C) improving access to health care services;
(vii) describe the expected processes for interpretation and analysis of the data flowing
to the committee; noting specifically the types of expertise and participation to be sought in
those processes; and
(viii) describe the types of reports to be made available by the committee and the
intended audiences and uses;
(b) have the authority to collect, validate, analyze, and present health data in
accordance with the plan while protecting individual privacy through the use of a control
number as the health data identifier;
(c) evaluate existing identification coding methods and, if necessary, require by rule
adopted in accordance with Subsection (3),
 that health data suppliers use a uniform system for
identification of patients, health care facilities, and health care providers on health data they
submit under this chapter; and
(d) advise, consult, contract, and cooperate with any corporation, association, or other
entity for the collection, analysis, processing, or reporting of health data identified by control
number only in accordance with the plan.
(3) [
The
] 
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the
 committee 
, with the concurrence of the department,
 may adopt rules to carry out the
provisions of this chapter [
in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act
].
(4) Except for data collection, analysis, and validation functions described in this
section, nothing in this chapter shall be construed to authorize or permit the committee to
perform regulatory functions which are delegated by law to other agencies of the state or
federal governments or to perform quality assurance or medical record audit functions that
health care facilities, health care providers, or third party payors are required to conduct to
comply with federal or state law. The committee may not recommend or determine whether a
health care provider, health care facility, third party payor, or self-funded employer is in
compliance with federal or state laws including federal or state licensure, insurance,
reimbursement, tax, malpractice, or quality assurance statutes or common law.
(5) Nothing in this chapter shall be construed to require a data supplier to supply health
data identifying a patient by name or describing detail on a patient beyond that needed to
achieve the approved purposes included in the plan.
(6) No request for health data shall be made of health care providers and other data
suppliers until a plan for the use of such health data has been adopted.
(7) If a proposed request for health data imposes unreasonable costs on a data supplier,
due consideration shall be given by the committee to altering the request. If the request is not
altered, the committee shall pay the costs incurred by the data supplier associated with
satisfying the request that are demonstrated by the data supplier to be unreasonable.
(8) After a plan is adopted as provided in Section 
26-33a-106.1
, the committee may
require any data supplier to submit fee schedules, maximum allowable costs, area prevailing
costs, terms of contracts, discounts, fixed reimbursement arrangements, capitations, or other
specific arrangements for reimbursement to a health care provider.
(9) The committee may not publish any health data collected under Subsection (8) that
would disclose specific terms of contracts, discounts, or fixed reimbursement arrangements, or
other specific reimbursement arrangements between an individual provider and a specific
payer.
(10) Nothing in Subsection (8) shall prevent the committee from requiring the
submission of health data on the reimbursements actually made to health care providers from
any source of payment, including consumers.
Section 11. Section 
26-33a-106.5
 is amended to read:
26-33a-106.5.
Comparative analyses.
(1) The committee may publish compilations or reports that compare and identify
health care providers or data suppliers from the data it collects under this chapter or from any
other source.
(2) (a) Except as provided in Subsection (7)(c), the committee shall publish
compilations or reports from the data it collects under this chapter or from any other source
which:
(i) contain the information described in Subsection (2)(b); and
(ii) compare and identify by name at least a majority of the health care facilities, health
care plans, and institutions in the state.
(b) Except as provided in Subsection (7)(c), the report required by this Subsection (2)
shall:
(i) be published at least annually; and
(ii) contain comparisons based on at least the following factors:
(A) nationally or other generally recognized quality standards;
(B) charges; and
(C) nationally recognized patient safety standards.
(3) The committee may contract with a private, independent analyst to evaluate the
standard comparative reports of the committee that identify, compare, or rank the performance
of data suppliers by name. The evaluation shall include a validation of statistical
methodologies, limitations, appropriateness of use, and comparisons using standard health
services research practice. The analyst shall be experienced in analyzing large databases from
multiple data suppliers and in evaluating health care issues of cost, quality, and access. The
results of the analyst's evaluation shall be released to the public before the standard
comparative analysis upon which it is based may be published by the committee.
(4) [
The
] 
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the
 committee 
, with the concurrence of the department,
 shall adopt by rule a timetable for
the collection and analysis of data from multiple types of data suppliers.
(5) The comparative analysis required under Subsection (2) shall be available:
(a) free of charge and easily accessible to the public; and
(b) on the Health Insurance Exchange either directly or through a link.
(6) (a) The department shall include in the report required by Subsection (2)(b), or
include in a separate report, comparative information on commonly recognized or generally
agreed upon measures of cost and quality identified in accordance with Subsection (7), for:
(i) routine and preventive care; and
(ii) the treatment of diabetes, heart disease, and other illnesses or conditions as
determined by the committee.
(b) The comparative information required by Subsection (6)(a) shall be based on data
collected under Subsection (2) and clinical data that may be available to the committee, and
shall compare:
(i) beginning December 31, 2014, results for health care facilities or institutions;
(ii) beginning December 31, 2014, results for health care providers by geographic
regions of the state;
(iii) beginning July 1, 2016, a clinic's aggregate results for a physician who practices at
a clinic with five or more physicians; and
(iv) beginning July 1, 2016, a geographic region's aggregate results for a physician who
practices at a clinic with less than five physicians, unless the physician requests physician-level
data to be published on a clinic level.
(c) The department:
(i) may publish information required by this Subsection (6) directly or through one or
more nonprofit, community-based health data organizations;
(ii) may use a private, independent analyst under Subsection (3) in preparing the report
required by this section; and
(iii) shall identify and report to the Legislature's Health and Human Services Interim
Committee by July 1, 2014, and every July 1 thereafter until July 1, 2019, at least three new
measures of quality to be added to the report each year.
(d) A report published by the department under this Subsection (6):
(i) is subject to the requirements of Section 
26-33a-107
; and
(ii) shall, prior to being published by the department, be submitted to a neutral,
non-biased entity with a broad base of support from health care payers and health care
providers in accordance with Subsection (7) for the purpose of validating the report.
(7) (a) The Health Data Committee shall, through the department, for purposes of
Subsection (6)(a), use the quality measures that are developed and agreed upon by a neutral,
non-biased entity with a broad base of support from health care payers and health care
providers.
(b) If the entity described in Subsection (7)(a) does not submit the quality measures,
the department may select the appropriate number of quality measures for purposes of the
report required by Subsection (6).
(c) (i) For purposes of the reports published on or after July 1, 2014, the department
may not compare individual facilities or clinics as described in Subsections (6)(b)(i) through
(iv) if the department determines that the data available to the department can not be
appropriately validated, does not represent nationally recognized measures, does not reflect the
mix of cases seen at a clinic or facility, or is not sufficient for the purposes of comparing
providers.
(ii) The department shall report to the Legislature's Executive Appropriations
Committee prior to making a determination not to publish a report under Subsection (7)(c)(i).
Section 12. Section 
26-33a-107
 is amended to read:
26-33a-107.
Limitations on release of reports.
The committee may not release a compilation or report that compares and identifies
health care providers or data suppliers unless it:
(1) allows the data supplier and the health care provider to verify the accuracy of the
information submitted to the committee and submit to the committee any corrections of errors
with supporting evidence and comments within a reasonable period of time to be established by
rule 
, with the concurrence of the department, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act
 ;
(2) corrects data found to be in error; and
(3) allows the data supplier a reasonable amount of time prior to publication to review
the committee's interpretation of the data and prepare a response.
Section 13. Section 
26-33a-109
 is amended to read:
26-33a-109.
Exceptions to prohibition on disclosure of identifiable health data.
(1) The committee may not disclose any identifiable health data unless:
(a) the individual has authorized the disclosure; or
(b) the disclosure complies with the provisions of:
(i) this section;
(ii) insurance enrollment and coordination of benefits under Subsection
26-33a-106.1
(1)(d); or
(iii) risk adjusting under Subsection 
26-33a-106.1
(1)(b).
(2) The committee shall consider the following when responding to a request for
disclosure of information that may include identifiable health data:
(a) whether the request comes from a person after that person has received approval to
do the specific research and statistical work from an institutional review board; and
(b) whether the requesting entity complies with the provisions of Subsection (3).
(3) A request for disclosure of information that may include identifiable health data
shall:
(a) be for a specified period; or
(b) be solely for bona fide research and statistical purposes as determined in
accordance with administrative rules adopted by the department 
in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act
 , which shall require:
(i) the requesting entity to demonstrate to the department that the data is required for
the research and statistical purposes proposed by the requesting entity; and
(ii) the requesting entity to enter into a written agreement satisfactory to the department
to protect the data in accordance with this chapter or other applicable law.
(4) A person accessing identifiable health data pursuant to Subsection (3) may not
further disclose the identifiable health data:
(a) without prior approval of the department; and
(b) unless the identifiable health data is disclosed or identified by control number only.
Section 14. Section 
26-39-203
 is amended to read:
26-39-203.
Duties of the Child Care Center Licensing Committee.
(1) The licensing committee shall:
(a) 
in concurrence with the department and
 in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, make rules that govern center based child care as
necessary to protect qualifying children's common needs for a safe and healthy environment, to
provide for:
(i) adequate facilities and equipment; and
(ii) competent caregivers considering the age of the children and the type of program
offered by the licensee;
(b) 
in concurrence with the department and in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act,
 make rules necessary to carry out the purposes of this
chapter that govern center based child care, in the following areas:
(i) requirements for applications, the application process, and compliance with other
applicable statutes and rules;
(ii) documentation and policies and procedures that providers shall have in place in
order to be licensed, in accordance with Subsection (1);
(iii) categories, classifications, and duration of initial and ongoing licenses;
(iv) changes of ownership or name, changes in licensure status, and changes in
operational status;
(v) license expiration and renewal, contents, and posting requirements;
(vi) procedures for inspections, complaint resolution, disciplinary actions, and other
procedural measures to encourage and assure compliance with statute and rule; and
(vii) guidelines necessary to assure consistency and appropriateness in the regulation
and discipline of licensees;
(c) advise the department on the administration of a matter affecting center based child
care;
(d) advise and assist the department in conducting center based child care provider
seminars; and
(e) perform other duties as provided under Section 
26-39-301
.
(2) 
(a)
 The licensing committee may not enforce the rules adopted under this section.
(b)
 The department shall enforce the rules adopted under this section in accordance
with Section 
26-39-301
.
Section 15. Section 
26-39-301
 is amended to read:
26-39-301.
Duties of the department -- Enforcement of chapter -- Licensing
committee requirements.
(1) With regard to residential child care licensed or certified under this chapter, the
department may:
(a) make and enforce rules to implement this chapter and, as necessary to protect
qualifying children's common needs for a safe and healthy environment, to provide for:
(i) adequate facilities and equipment; and
(ii) competent caregivers considering the age of the children and the type of program
offered by the licensee;
(b) make and enforce rules necessary to carry out the purposes of this chapter, in the
following areas:
(i) requirements for applications, the application process, and compliance with other
applicable statutes and rules;
(ii) documentation and policies and procedures that providers shall have in place in
order to be licensed, in accordance with Subsection (1)(a);
(iii) categories, classifications, and duration of initial and ongoing licenses;
(iv) changes of ownership or name, changes in licensure status, and changes in
operational status;
(v) license expiration and renewal, contents, and posting requirements;
(vi) procedures for inspections, complaint resolution, disciplinary actions, and other
procedural measures to encourage and assure compliance with statute and rule; and
(vii) guidelines necessary to assure consistency and appropriateness in the regulation
and discipline of licensees; and
(c) set and collect licensing and other fees in accordance with Section 
26-1-6
.
(2) The department shall enforce the rules established by the licensing committee
, with
the concurrence of the department,
 for center based child care.
(3) Rules made under this chapter by the department
,
 or the licensing committee 
with
the concurrence of the department,
 shall be made in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act.
(4) (a) The licensing committee and the department may not regulate educational
curricula, academic methods, or the educational philosophy or approach of the provider.
(b) The licensing committee and the department shall allow for a broad range of
educational training and academic background in certification or qualification of child day care
directors.
(5) In licensing and regulating child care programs, the licensing committee and the
department shall reasonably balance the benefits and burdens of each regulation and, by rule,
provide for a range of licensure, depending upon the needs and different levels and types of
child care provided.
(6) Notwithstanding the definition of "qualifying child" in Section 
26-39-102
, the
licensing committee and the department shall count children through age 12 and children with
disabilities through age 18 toward the minimum square footage requirement for indoor and
outdoor areas, including the child of:
(a) a licensed residential child care provider; or
(b) an owner or employee of a licensed child care center.
(7) Notwithstanding Subsection (1)(a)(i), the licensing committee and the department
may not exclude floor space used for furniture, fixtures, or equipment from the minimum
square footage requirement for indoor and outdoor areas if the furniture, fixture, or equipment
is used:
(a) by qualifying children;
(b) for the care of qualifying children; or
(c) to store classroom materials.
(8) (a) A child care center constructed prior to January 1, 2004, and licensed and
operated as a child care center continuously since January 1, 2004, is exempt from the licensing
committee's and the department's group size restrictions, if the child to caregiver ratios are
maintained, and adequate square footage is maintained for specific classrooms.
(b) An exemption granted under Subsection (7)(a) is transferrable to subsequent
licensed operators at the center if a licensed child care center is continuously maintained at the
center.
(9) The licensing committee [
and the
] 
, with the concurrence of the
 department
,
 shall
develop, by rule, a five-year phased-in compliance schedule for playground equipment safety
standards.
(10) Nothing in this chapter may be interpreted to grant a municipality or county the
authority to license or certify a child care program.
Section 16. 
Effective date.
This bill takes effect on May 10, 2016, except that the amendments to Section
26-8a-106
 (Effective 07/01/16) take effect on July 1, 2016.