Utah Code § 26B-8-501

Current through the 2024 Fourth Special Session

Section 26B-8-501 - Definitions

As used in this part:

(1) "Committee" means the Health Data Committee created in Section 26B-1-413.

(2) "Control number" means a number or other identifier that:

(a) is assigned by the department to an individual's health data;

(b) is consistent with the best practices of data privacy; and

(c) is used to ensure health data is not able to be readily associated with an individual when the health data is provided for research or statistical analysis.

(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 part.

(4) "Disclosure" or "disclose" means the communication of health care data to any individual or organization outside the department, its staff, and contracting agencies.

(5)

(a) "Health care facility" means a facility that is licensed by the department under Chapter 2, Part 2, Health Care Facility Licensing and Inspection.

(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department, in consultation with the committee, may by rule add, delete, or modify the list of facilities that come within this definition for purposes of this part.

(6) "Health care provider" means the same as that term is defined in Section 78B-3-403.

(7) "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 26B-8-101 shall be excluded.

(8) "Health maintenance organization" means the same as that term is defined in Section 31A-8-101.

(9) "Identifiable health data" means any item, collection, or grouping of health data that makes the individual supplying or described in the health data identifiable.

(10) "Organization" means any corporation, association, partnership, agency, department, unit, or other legally constituted institution or entity, or part thereof.

(11) "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.

(12) "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.

(13) "Plan" means the plan developed and adopted by the department under this part.

(14) "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 3, Part 1, Health Care Assistance; 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 department.

Utah Code § 26B-8-501

Amended by Chapter 277, 2024 General Session ,§ 3, eff. 5/1/2024.

Renumbered from § 26-33a-102 and amended by Chapter 306, 2023 General Session ,§ 277, eff. 5/3/2023.

Amended by Chapter 255, 2022 General Session ,§ 28, eff. 7/1/2022.

Amended by Chapter 349, 2019 General Session ,§ 25, eff. 5/14/2019.

Amended by Chapter 74, 2016 General Session ,§ 9, eff. 5/10/2016.

Amended by Chapter 400, 2011 General Session

Affected by 63I-1-226 on 7/1/2024