Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 394 Third Substitute (2018GS)

Sponsor

Rep. Daw, B.

Final action

House/ filed 3/8/2018

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• exempts certain persons from civil liability if an action or decision is in response to erroneous information from a health information exchange approved by the Department of Health.

Every vote on this bill

Bill text

HEALTH INFORMATION EXCHANGE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Brad M. Daw
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill amends provisions relating to the electronic exchange of clinical information.
Highlighted Provisions:
This bill:
▸ exempts certain persons from civil liability if an action or decision is in response to
erroneous information from a health information exchange approved by the
Department of Health.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26-1-37
, as last amended by Laws of Utah 2013, Chapter 167
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26-1-37
 is amended to read:
26-1-37.
Duty to establish standards for the electronic exchange of clinical health
information -- Immunity.
(1) For purposes of this section:
(a) "Affiliate" means an organization that directly or indirectly through one or more
intermediaries controls, is controlled by, or is under common control with another
organization.
(b) "Clinical health information" shall be defined by the department by administrative
rule adopted in accordance with Subsection (2).
(c) "Electronic exchange":
(i) includes:
(A) the electronic transmission of clinical health data via Internet or extranet; and
(B) physically moving clinical health information from one location to another using
magnetic tape, disk, or compact disc media; and
(ii) does not include exchange of information by telephone or fax.
(d) "Health care provider" means a licensing classification that is either:
(i) licensed under Title 58, Occupations and Professions, to provide health care; or
(ii) licensed under Chapter 21, Health Care Facility Licensing and Inspection Act.
(e) "Health care system" shall include:
(i) affiliated health care providers;
(ii) affiliated third party payers; and
(iii) other arrangement between organizations or providers as described by the
department by administrative rule.
(f) "Qualified network" means an entity that:
(i) is a non-profit organization;
(ii) is accredited by the Electronic Healthcare Network Accreditation Commission, or
another national accrediting organization recognized by the department; and
(iii) performs the electronic exchange of clinical health information among multiple
health care providers not under common control, multiple third party payers not under common
control, the department, and local health departments.
(g) "Third party payer" means:
(i) all insurers offering health insurance who are subject to Section 
31A-22-614.5
; and
(ii) the state Medicaid program.
(2) (a) In addition to the duties listed in Section 
26-1-30
, the department shall, in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
(i) define:
(A) "clinical health information" subject to this section; and
(B) "health system arrangements between providers or organizations" as described in
Subsection (1)(e)(iii); and
(ii) adopt standards for the electronic exchange of clinical health information between
health care providers and third party payers that are for treatment, payment, health care
operations, or public health reporting, as provided for in 45 C.F.R. Parts 160, 162, and 164,
Health Insurance Reform: Security Standards.
(b) The department shall coordinate its rule making authority under the provisions of
this section with the rule making authority of the Insurance Department under Section
31A-22-614.5
.
(c)
 The department shall establish procedures for developing the rules adopted under
this section, which ensure that the Insurance Department is given the opportunity to comment
on proposed rules.
(3) (a) Except as provided in Subsection (3)(e), a health care provider or third party
payer in Utah is required to use the standards adopted by the department under the provisions
of Subsection (2) if the health care provider or third party payer elects to engage in an
electronic exchange of clinical health information with another health care provider or third
party payer.
(b) A health care provider or third party payer may disclose information to the
department or a local health department, by electronic exchange of clinical health information,
as permitted by Subsection 45 C.F.R. 164.512(b).
(c) When functioning in its capacity as a health care provider or payer, the department
or a local health department may disclose clinical health information by electronic exchange to
another health care provider or third party payer.
(d) An electronic exchange of clinical health information by a health care provider, a
third party payer, the department, or a local health department is a disclosure for treatment,
payment, or health care operations if it complies with Subsection (3)(a) or (c) and is for
treatment, payment, or health care operations, as those terms are defined in 45 C.F.R. Parts
160, 162, and 164.
(e) A health care provider or third party payer is not required to use the standards
adopted by the department under the provisions of Subsection (2) if the health care provider or
third party payer engage in the electronic exchange of clinical health information within a
particular health care system.
(4) Nothing in this section shall limit the number of networks eligible to engage in the
electronic data interchange of clinical health information using the standards adopted by the
department under Subsection (2)(a)(ii).
(5) The department, a local health department, a health care provider, a third party
payer, or a qualified network is not subject to civil liability for a disclosure of clinical health
information if the disclosure is in accordance [
both
] with
:
(a)
 Subsection (3)(a)
;
 and [
with
]
(b)
 Subsection (3)(b), (3)(c), or (3)(d).
(6) The department, a local health department, a health care provider, a third party
payer, or a qualified network is not subject to civil liability for an action taken or a decision
made in good faith reliance on erroneous clinical health information acquired via an electronic
exchange described in Subsection (2), if:
(a) the person acquired the information in accordance with this section; and
(b) the action or decision would not constitute negligence or misconduct if the
erroneous information had been true.
[
(6)
] 
(7)
 Within a qualified network, information generated or disclosed in the
electronic exchange of clinical health information is not subject to discovery, use, or receipt in
evidence in any legal proceeding of any kind or character.
Legislative Review Note
Office of Legislative Research and General Counsel