Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 209 First Substitute (2020GS)

Sponsor

Rep. Ward, R.

Final action

Governor Signed 3/24/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• allows the Health Data Committee to disclose identifiable health data to the Department of Health or a public health authority under certain circumstances; and
• makes technical changes.

Every vote on this bill

Bill text

HEALTH DATA AUTHORITY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Raymond P. Ward
Senate Sponsor: 
Evan J. Vickers
LONG TITLE
General Description:
This bill amends provisions relating to the disclosure of identifiable health data
collected by the Department of Health.
Highlighted Provisions:
This bill:
▸ allows the Health Data Committee to disclose identifiable health data to the
Department of Health or a public health authority under certain circumstances; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26-33a-109
, as last amended by Laws of Utah 2016, Chapter 74
Be it enacted by the Legislature of the state of Utah:
Section 1. 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 is to the department or a public health authority in accordance with
Subsection (2); or
[
(b)
] 
(c)
 the disclosure complies with the provisions of:
(i) [
this section
] 
Subsection (3)
;
(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 may disclose identifiable health data to the department or a public
health authority under Subsection (1)(b) if:
(a) the department or the public health authority has clear statutory authority to possess
the identifiable health data; and
(b) the disclosure is solely for use in:
(i) the Utah Statewide Immunization Information System operated by the department;
or
(ii) the Utah Cancer Registry operated by the University of Utah, in collaboration with
the department.
[
(2)
] 
(3)
 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
] 
or
 statistical work from an institutional review board; and
(b) whether the requesting entity complies with the provisions of Subsection [
(3)
] 
(4)
.
[
(3)
] 
(4)
 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
] 
or
 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
] 
or
 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)
] 
(5)
 A person accessing identifiable health data pursuant to Subsection [
(3)
] 
(4)
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.
(6) Identifiable health data that has been designated by a data supplier as being subject
to regulation under 42 C.F.R. Part 2, Confidentiality of Substance Use Disorder Patient
Records, may only be used or disclosed in accordance with applicable federal regulations.