Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 239 Second Substitute (2023GS)

Sponsor

Rep. Ward, R.

Final action

House/ filed 3/3/2023

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines terms;
• requires certain hospital systems to collectively select a method that allows a health care provider to access patient information for the patient the health care provider is treating;
• requires the Department of Health and Human Services (department) to facilitate discussions between the hospital systems; and
• allows the department to designate a health information exchange that hospital systems must adopt if the hospital systems are unable to collectively make a decision.

Every vote on this bill

Bill text

MEDICAL RECORD ACCESS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Raymond P. Ward
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill enacts provisions related to a patient's health information contained by hospital
systems.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ requires certain hospital systems to collectively select a method that allows a health
care provider to access patient information for the patient the health care provider is
treating;
▸ requires the Department of Health and Human Services (department) to facilitate
discussions between the hospital systems; and
▸ allows the department to designate a health information exchange that hospital
systems must adopt if the hospital systems are unable to collectively make a
decision. 
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26-70-101
, as enacted by Laws of Utah 2022, Chapter 327
ENACTS:
26-21-36
, Utah Code Annotated 1953
26-70-103
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26-21-36
 is enacted to read:
 26-21-36.
Health care facilities within a hospital system.
(1) As used in this section:
(a) "Hospital system" means the same as that term is defined in Section 
26-70-101
.
(b) "Medical information" means the same as that term is defined in Section
26-70-101
.
(2) Beginning July 1, 2025, a health care facility that is owned or operated by a hospital
system shall ensure that medical information collected by the health care facility is accessible
in accordance with Section 
26-70-103
.
Section 2. Section 
26-70-101
 is amended to read:
CHAPTER 70. PATIENT HEALTH RECORD ACCESS
26-70-101.
Definitions.
As used in this chapter:
(1) "HIPAA" means the Health Insurance Portability and Accountability Act of 1996,
Pub. L. No. 104-191, 110 Stat. 1936, as amended.
(2) "Hospital" means:
(a) a general acute hospital as defined in Section 
26-21-2
; and
(b) a specialty hospital as defined in Section 
26-21-2
.
(3) "Hospital system" means an entity that owns or operates at least five hospitals that
are licensed under Chapter 21, Health Care Facility Licensing and Inspection Act.
(4) "Medical information" means one or more of the following regarding a patient:
(a) for each time the patient is hospitalized:
(i) an admission history and physical exam; or
(ii) a discharge summary;
(b) the health care provider's notes regarding:
(i) an emergency room visit;
(ii) an urgent care visit;
(iii) a primary care outpatient care visit; or
(iv) a consultation office visit;
(c) a radiology report;
(d) a lab report; or
(e) a pathology report.
[
(2)
] 
(5)
 "Patient" means the individual whose information is being requested.
[
(3)
] 
(6)
 "Personal representative" means an individual described in 45 C.F.R. Sec.
164.502(g).
Section 3. Section 
26-70-103
 is enacted to read:
 26-70-103.
Patient information access by a health care provider.
(1) Subject to Subsection (4), beginning July 1, 2025, each hospital system,
collectively, shall ensure that a patient's medical information housed by each hospital system is
accessible to the patient or a physician designated by the patient:
(a) when the patient or the physician treating the patient at a hospital system needs the
medical information; and
(b) through the use of single login.
(2) The department shall facilitate discussions with each hospital system, individually
and collectively, for the hospital systems to determine how the hospital systems will comply
with Subsection (1).
(3) On or before November 1, 2024, the department shall notify the Health and Human
Services Interim Committee indicating how the hospital systems intend to comply with
Subsection (1).
(4) (a) If the hospital systems are unable to reach a unanimous decision regarding how
to comply with Subsection (1) on or before October 31, 2024, the department shall:
(i) indicate that the hospital systems could not come to a unanimous decision in the
notification described in Subsection (3); and
(ii) designate a single health information exchange for the hospital systems to provide
medical information that will comply with Subsection (1).
(b) If the department indicates that a unanimous decision could not be reached under
Subsection (4)(a)(i), a hospital system shall provide all medical information to the health
information exchange described in Subsection (4)(a)(ii) beginning July 1, 2025.