Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 41 Second Substitute (2024GS)

Sponsor

Rep. Lesser, R.

Final action

Governor Signed 3/14/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• modifies the membership of the Health Data Committee;
• authorizes the executive director of the Department of Health and Human Services to appoint members to the Health Data Committee;
• repeals the sunset date related to the Department of Health and Human Services' health data authority; and
• makes technical changes.

Every vote on this bill

Bill text

This document includes House Committee Amendments incorporated into the bill on Fri, Jan 19, 2024 at 11:00 AM by housengrossing.
HEALTH DATA AUTHORITY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Rosemary T. Lesser
Senate Sponsor: 
Michael S. Kennedy
LONG TITLE
Ĥ→ [
Committee Note:
The Health and Human Services Interim Committee recommended this bill.
Legislative Vote: 12 voting for 2 voting against 5 absent
] ←Ĥ
General Description:
This bill modifies provisions related to the Department of Health and Human Services'
health data authority.
Highlighted Provisions:
This bill:
▸ modifies the membership of the Health Data Committee;
▸ authorizes the executive director of the Department of Health and Human Services
to appoint members to the Health Data Committee;
▸ repeals the sunset date related to the Department of Health and Human Services'
health data authority; 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:
26B-1-413
, as renumbered and amended by Laws of Utah 2023, Chapter 305
63I-1-226
 (Superseded 07/01/24)
, as last amended by Laws of Utah 2023, Chapters
249, 269, 270, 275, 332, 335, 420, and 495 and repealed and reenacted by Laws of
Utah 2023, Chapter 329
63I-1-226
 (Effective 07/01/24)
, as last amended by Laws of Utah 2023, Chapters 249,
269, 270, 275, 310, 332, 335, 420, and 495 and repealed and reenacted by Laws of
Utah 2023, Chapter 329 and last amended by Coordination Clause, Laws of Utah
2023, Chapters 329, 332
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26B-1-413
 is amended to read:
26B-1-413.
Health Data Committee -- Purpose, powers, and duties of the
committee -- Membership -- Terms -- Chair -- Compensation.
(1) The definitions in Section 
26B-8-501
 apply to this section.
(2) (a) There is created within the department the Health Data Committee.
(b) 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.
(3) 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 (3)(a)(i);
(iii) describe and prioritize the actions suitable for the committee to take in response to
the needs identified in Subsection (3)(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 (3)(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 (3)(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 (4), 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 section and Chapter 8, Part 5, Utah Health Data Authority; 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.
(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
[
the committee, with the concurrence of the department, may
] 
with the concurrence of the
department, the committee may
 adopt rules to carry out the provisions of this section and
Chapter 8, Part 5, Utah Health Data Authority.
(5) (a) Except for data collection, analysis, and validation functions described in this
section, nothing in this section or in Chapter 8, Part 5, Utah Health Data Authority, 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.
(b) 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.
(6) [
(a)
] Nothing in this section or in Chapter 8, Part 5, Utah Health Data Authority,
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.
(7) 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.
(8) (a) 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.
(b) 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.
(9) After a plan is adopted as provided in Section 
26B-8-504
, 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.
(10) (a) The committee may not publish any health data collected under Subsection (9)
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.
(b) Nothing in Subsection (9) 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.
(11) The committee shall be composed of [
] 
Ĥ→ [
] 
 ←Ĥ
members.
(12) (a) [
One
] 
Ĥ→ [
Four
 member
] 
 Two members
 ←Ĥ
 shall be:
(i) the commissioner of the Utah Insurance Department[
; or (ii)
] 
or
 the commissioner's
designee who shall have knowledge regarding the health care system and characteristics and
use of health data 
Ĥ→ [
.
] 
 ; and
 ←Ĥ
Ĥ→ [
(ii) two legislators from different political parties jointly appointed by the speaker of
the House of Representatives and the president of the Senate; and
(iii)
] 
 (ii)
 ←Ĥ
a member appointed by the governor who is knowledgeable regarding the
133a 
 health
care system and the characteristics and use of health data.
(b) (i) Fourteen members shall be appointed by the [
governor with the advice and
consent of the Senate
] 
executive director
 in accordance with Subsection (13) [
and in
accordance with Title 63G, Chapter 24, Part 2, Vacancies
].
(ii) No more than seven members of the committee appointed by the [
governor
]
executive director
 may be members of the same political party.
(13) The members of the committee appointed under Subsection (12)(b) shall:
(a) be knowledgeable regarding the health care system and the characteristics and use
of health data;
(b) be selected so that the committee at all times includes individuals who provide
care;
(c) include one person employed by or otherwise associated with a general acute
hospital as defined in Section 
26B-2-201
, who is knowledgeable about the collection, analysis,
and use of health care data;
(d) include two physicians, as defined in Section 
58-67-102
:
(i) who are licensed to practice in this state;
(ii) who actively practice medicine in this state;
(iii) who are trained in or have experience with the collection, analysis, and use of
health care data; and
(iv) one of whom is selected by the Utah Medical Association;
(e) include three persons:
(i) who are:
(A) employed by or otherwise associated with a business that supplies health care
insurance to the business's employees; and
(B) knowledgeable about the collection and use of health care data; and
(ii) at least one of whom represents an employer employing 50 or fewer employees;
(f) include three persons representing health insurers:
(i) at least one of whom is employed by or associated with a third-party payor that is
not licensed under Title 31A, Chapter 8, Health Maintenance Organizations and Limited
Health Plans;
(ii) at least one of whom is employed by or associated with a third party that is licensed
under Title 31A, Chapter 8, Health Maintenance Organizations and Limited Health Plans; and
(iii) who are trained in, or experienced with the collection, analysis, and use of health
care data;
(g) include two consumer representatives:
(i) from organized consumer or employee associations; and
(ii) knowledgeable about the collection and use of health care data;
(h) include one person:
(i) representative of a neutral, non-biased entity that can demonstrate that the entity has
the broad support of health care payers and health care providers; and
(ii) who is knowledgeable about the collection, analysis, and use of health care data;
and
(i) include two persons representing public health who are trained in or experienced
with the collection, use, and analysis of health care data.
(14) (a) Except as required by Subsection (14)(b), as terms of current committee
members expire, the [
governor
] 
executive director
 shall appoint each new member or
reappointed member to a four-year term.
(b) Notwithstanding the requirements of Subsection (14)(a), the [
governor
] 
executive
director
 shall, at the time of appointment or reappointment, adjust the length of terms to ensure
that the terms of committee members are staggered so that approximately half of the committee
is appointed every two years.
(c) Members may serve after the members' terms expire until replaced.
(15) When a vacancy occurs in the membership for any reason, the replacement shall
be appointed for the unexpired term.
(16) Committee members shall annually elect a chair of the committee from among the
committee's membership. The chair shall report to the executive director.
(17) (a) The committee shall meet at least once during each calendar quarter. Meeting
dates shall be set by the chair upon 10 working days' notice to the other members, or upon
written request by at least four committee members with at least 10 working days' notice to
other committee members.
(b) [
Eight
] 
Ĥ→ [
Ten
] 
 Nine
 ←Ĥ
committee members constitute a quorum for the
194a transaction of
business. Action may not be taken except upon the affirmative vote of a majority of a quorum
of the committee.
(c) All meetings of the committee shall be open to the public, except that the
committee may hold a closed meeting if the requirements of Sections 
52-4-204
, 
52-4-205
, and
52-4-206
 are met.
(18) A member:
(a) may not receive compensation or benefits for the member's service, but may receive
per diem and travel expenses in accordance with:
(i) Section 
63A-3-106
;
(ii) Section 
63A-3-107
; and
(iii) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
; and
(b) shall comply with the conflict of interest provisions described in Title 63G, Chapter
24, Part 3, Conflicts of Interest.
Section 2. Section 
63I-1-226 (Superseded 07/01/24)
 is amended to read:
63I-1-226 (Superseded 07/01/24).
Repeal dates: Titles 26A through 26B.
(1) Subsection 
26B-1-204
(2)(i), related to the Primary Care Grant Committee, is
repealed July 1, 2025.
(2) Section 
26B-1-315
, which creates the Medicaid Expansion Fund, is repealed July 1,
2024.
(3) Section 
26B-1-319
, which creates the Neuro-Rehabilitation Fund, is repealed
January 1, 2025.
(4) Section 
26B-1-320
, which creates the Pediatric Neuro-Rehabilitation Fund, is
repealed January 1, 2025.
(5) Subsection 
26B-1-324
(4), the language that states "the Behavioral Health Crisis
Response Commission, as defined in Section 
63C-18-202
," is repealed December 31, 2026.
(6) Subsection 
26B-1-329
(6), related to the Behavioral Health Crisis Response
Commission, is repealed December 31, 2026.
(7) Section 
26B-1-402
, related to the Rare Disease Advisory Council Grant Program, is
repealed July 1, 2026.
(8) Section 
26B-1-409
, which creates the Utah Digital Health Service Commission, is
repealed July 1, 2025.
(9) Section 
26B-1-410
, which creates the Primary Care Grant Committee, is repealed
July 1, 2025.
(10) Section 
26B-1-416
, which creates the Utah Children's Health Insurance Program
Advisory Council, is repealed July 1, 2025.
(11) Section 
26B-1-417
, which creates the Brain Injury Advisory Committee, is
repealed July 1, 2025.
(12) Section 
26B-1-418
, which creates the Neuro-Rehabilitation Fund and Pediatric
Neuro-Rehabilitation Fund Advisory Committee, is repealed January 1, 2025.
(13) Section 
26B-1-422
, which creates the Early Childhood Utah Advisory Council, is
repealed July 1, 2029.
(14) Section 
26B-1-428
, which creates the Youth Electronic Cigarette, Marijuana, and
Other Drug Prevention Program, is repealed July 1, 2025.
(15) Section 
26B-1-430
, which creates the Coordinating Council for Persons with
Disabilities, is repealed July 1, 2027.
(16) Section 
26B-1-431
, which creates the Forensic Mental Health Coordinating
Council, is repealed July 1, 2023.
(17) Section 
26B-1-432
, which creates the Newborn Hearing Screening Committee, is
repealed July 1, 2026.
(18) Section 
26B-1-434
, regarding the Correctional Postnatal and Early Childhood
Advisory Board, is repealed July 1, 2026.
(19) Section 
26B-2-407
, related to drinking water quality in child care centers, is
repealed July 1, 2027.
(20) Subsection 
26B-3-107
(9), which addresses reimbursement for dental hygienists, is
repealed July 1, 2028.
(21) Section 
26B-3-136
, which creates the Children's Health Care Coverage Program,
is repealed July 1, 2025.
(22) Section 
26B-3-137
, related to reimbursement for the National Diabetes Prevention
Program, is repealed June 30, 2027.
(23) Subsection 
26B-3-213
(2), the language that states "and the Behavioral Health
Crisis Response Commission created in Section 
63C-18-202
" is repealed December 31, 2026.
(24) Sections 
26B-3-302
 through 
26B-3-309
, regarding the Drug Utilization Review
Board, are repealed July 1, 2027.
(25) Title 26B, Chapter 3, Part 5, Inpatient Hospital Assessment, is repealed July 1,
2024.
(26) Title 26B, Chapter 3, Part 6, Medicaid Expansion Hospital Assessment, is
repealed July 1, 2024.
(27) Title 26B, Chapter 3, Part 7, Hospital Provider Assessment, is repealed July 1,
2028.
(28) Section 
26B-3-910
, regarding alternative eligibility, is repealed July 1, 2028.
(29) Section 
26B-4-136
, related to the Volunteer Emergency Medical Service
Personnel Health Insurance Program, is repealed July 1, 2027.
(30) Section 
26B-4-710
, related to rural residency training programs, is repealed July 1,
2025.
(31) Subsections 
26B-5-112
(1) and (5), the language that states "In consultation with
the Behavioral Health Crisis Response Commission, established in Section 
63C-18-202
," is
repealed December 31, 2026.
(32) Section 
26B-5-112.5
 is repealed December 31, 2026.
(33) Section 
26B-5-114
, related to the Behavioral Health Receiving Center Grant
Program, is repealed December 31, 2026.
(34) Section 
26B-5-118
, related to collaborative care grant programs, is repealed
December 31, 2024.
(35) Section 
26B-5-120
 is repealed December 31, 2026.
(36) In relation to the Utah Assertive Community Treatment Act, on July 1, 2024:
(a) Subsection 
26B-5-606
(2)(a)(i), the language that states "and" is repealed; and
(b) Subsections 
26B-5-606
(2)(a)(ii), 
26B-5-606
(2)(b), and 
26B-5-606
(2)(c) are
repealed.
(37) In relation to the Behavioral Health Crisis Response Commission, on December
31, 2026:
(a) Subsection 
26B-5-609
(1)(a) is repealed;
(b) Subsection 
26B-5-609
(3)(a), the language that states "With recommendations from
the commission," is repealed;
(c) Subsection 
26B-5-610
(1)(b) is repealed;
(d) Subsection 
26B-5-610
(2)(b), the language that states "and in consultation with the
commission," is repealed; and
(e) Subsection 
26B-5-610
(4), the language that states "In consultation with the
commission," is repealed.
(38) Subsections 
26B-5-611
(1)(a) and (10), in relation to the Utah Substance Use and
Mental Health Advisory Council, are repealed January 1, 2033.
(39) Section 
26B-5-612
, related to integrated behavioral health care grant programs, is
repealed December 31, 2025.
(40) Subsection 
26B-7-119
(5), related to reports to the Legislature on the outcomes of
the Hepatitis C Outreach Pilot Program, is repealed July 1, 2028.
(41) Section 
26B-7-224
, related to reports to the Legislature on violent incidents and
fatalities involving substance abuse, is repealed December 31, 2027.
[
(42) Title 26B, Chapter 8, Part 5, Utah Health Data Authority, is repealed July 1,
2024.
]
[
(43)
] 
(42)
 Section 
26B-8-513
, related to identifying overuse of non-evidence-based
health care, is repealed December 31, 2023.
Section 3. Section 
63I-1-226 (Effective 07/01/24)
 is amended to read:
63I-1-226 (Effective 07/01/24).
Repeal dates: Titles 26A through 26B.
(1) Subsection 
26B-1-204
(2)(i), related to the Primary Care Grant Committee, is
repealed July 1, 2025.
(2) Section 
26B-1-315
, which creates the Medicaid Expansion Fund, is repealed July 1,
2024.
(3) Section 
26B-1-319
, which creates the Neuro-Rehabilitation Fund, is repealed
January 1, 2025.
(4) Section 
26B-1-320
, which creates the Pediatric Neuro-Rehabilitation Fund, is
repealed January 1, 2025.
(5) Subsection 
26B-1-324
(4), the language that states "the Behavioral Health Crisis
Response Commission, as defined in Section 
63C-18-202
," is repealed December 31, 2026.
(6) Subsection 
26B-1-329
(6), related to the Behavioral Health Crisis Response
Commission, is repealed December 31, 2026.
(7) Section 
26B-1-402
, related to the Rare Disease Advisory Council Grant Program, is
repealed July 1, 2026.
(8) Section 
26B-1-409
, which creates the Utah Digital Health Service Commission, is
repealed July 1, 2025.
(9) Section 
26B-1-410
, which creates the Primary Care Grant Committee, is repealed
July 1, 2025.
(10) Section 
26B-1-416
, which creates the Utah Children's Health Insurance Program
Advisory Council, is repealed July 1, 2025.
(11) Section 
26B-1-417
, which creates the Brain Injury Advisory Committee, is
repealed July 1, 2025.
(12) Section 
26B-1-418
, which creates the Neuro-Rehabilitation Fund and Pediatric
Neuro-Rehabilitation Fund Advisory Committee, is repealed January 1, 2025.
(13) Section 
26B-1-422
, which creates the Early Childhood Utah Advisory Council, is
repealed July 1, 2029.
(14) Section 
26B-1-428
, which creates the Youth Electronic Cigarette, Marijuana, and
Other Drug Prevention Program, is repealed July 1, 2025.
(15) Section 
26B-1-430
, which creates the Coordinating Council for Persons with
Disabilities, is repealed July 1, 2027.
(16) Section 
26B-1-431
, which creates the Forensic Mental Health Coordinating
Council, is repealed July 1, 2023.
(17) Section 
26B-1-432
, which creates the Newborn Hearing Screening Committee, is
repealed July 1, 2026.
(18) Section 
26B-1-434
, regarding the Correctional Postnatal and Early Childhood
Advisory Board, is repealed July 1, 2026.
(19) Section 
26B-2-407
, related to drinking water quality in child care centers, is
repealed July 1, 2027.
(20) Subsection 
26B-3-107
(9), which addresses reimbursement for dental hygienists, is
repealed July 1, 2028.
(21) Section 
26B-3-136
, which creates the Children's Health Care Coverage Program,
is repealed July 1, 2025.
(22) Section 
26B-3-137
, related to reimbursement for the National Diabetes Prevention
Program, is repealed June 30, 2027.
(23) Subsection 
26B-3-213
(2), the language that states "and the Behavioral Health
Crisis Response Commission created in Section 
63C-18-202
" is repealed December 31, 2026.
(24) Sections 
26B-3-302
 through 
26B-3-309
, regarding the Drug Utilization Review
Board, are repealed July 1, 2027.
(25) Title 26B, Chapter 3, Part 5, Inpatient Hospital Assessment, is repealed July 1,
2024.
(26) Title 26B, Chapter 3, Part 6, Medicaid Expansion Hospital Assessment, is
repealed July 1, 2024.
(27) Title 26B, Chapter 3, Part 7, Hospital Provider Assessment, is repealed July 1,
2028.
(28) Section 
26B-3-910
, regarding alternative eligibility, is repealed July 1, 2028.
(29) Section 
26B-4-710
, related to rural residency training programs, is repealed July 1,
2025.
(30) Subsections 
26B-5-112
(1) and (5), the language that states "In consultation with
the Behavioral Health Crisis Response Commission, established in Section 
63C-18-202
," is
repealed December 31, 2026.
(31) Section 
26B-5-112.5
 is repealed December 31, 2026.
(32) Section 
26B-5-114
, related to the Behavioral Health Receiving Center Grant
Program, is repealed December 31, 2026.
(33) Section 
26B-5-118
, related to collaborative care grant programs, is repealed
December 31, 2024.
(34) Section 
26B-5-120
 is repealed December 31, 2026.
(35) In relation to the Utah Assertive Community Treatment Act, on July 1, 2024:
(a) Subsection 
26B-5-606
(2)(a)(i), the language that states "and" is repealed; and
(b) Subsections 
26B-5-606
(2)(a)(ii), 
26B-5-606
(2)(b), and 
26B-5-606
(2)(c) are
repealed.
(36) In relation to the Behavioral Health Crisis Response Commission, on December
31, 2026:
(a) Subsection 
26B-5-609
(1)(a) is repealed;
(b) Subsection 
26B-5-609
(3)(a), the language that states "With recommendations from
the commission," is repealed;
(c) Subsection 
26B-5-610
(1)(b) is repealed;
(d) Subsection 
26B-5-610
(2)(b), the language that states "and in consultation with the
commission," is repealed; and
(e) Subsection 
26B-5-610
(4), the language that states "In consultation with the
commission," is repealed.
(37) Subsections 
26B-5-611
(1)(a) and (10), in relation to the Utah Substance Use and
Mental Health Advisory Council, are repealed January 1, 2033.
(38) Section 
26B-5-612
, related to integrated behavioral health care grant programs, is
repealed December 31, 2025.
(39) Subsection 
26B-7-119
(5), related to reports to the Legislature on the outcomes of
the Hepatitis C Outreach Pilot Program, is repealed July 1, 2028.
(40) Section 
26B-7-224
, related to reports to the Legislature on violent incidents and
fatalities involving substance abuse, is repealed December 31, 2027.
[
(41) Title 26B, Chapter 8, Part 5, Utah Health Data Authority, is repealed July 1,
2024.
]
[
(42)
] 
(41)
 Section 
26B-8-513
, related to identifying overuse of non-evidence-based
health care, is repealed December 31, 2023.
Section 4. 
Effective date.
(1) Except as provided in Subsection (2), this bill takes effect on May 1, 2024.
 (2) The actions affecting Section 
63I-1-226
 (Effective 07/01/24) take effect on July 1,
2024.