H.B. 239
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: C. Williams 6
6 01-18-23 4:15 PM 6
H.B. 239
1 MEDICAL RECORD ACCESS AMENDMENTS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Raymond P. Ward
5 Senate Sponsor: ____________
6
7LONG TITLE
8General Description:
9 This bill enacts provisions related to a patient's health information contained by hospital
10systems.
11Highlighted Provisions:
12 This bill:
13 <defines terms;
14 <requires certain hospital systems to collectively select a method that allows a health
15care provider to access patient information for the patient the health care provider is
16treating;
17 <requires the Department of Health and Human Services (department) to facilitate
18discussions between the hospital systems; and
19 <allows the department to designate a health information exchange that hospital
20systems must adopt if the hospital systems are unable to collectively make a
21decision.
22Money Appropriated in this Bill:
23 None
24Other Special Clauses:
25 None
26Utah Code Sections Affected:
27AMENDS:
*HB0239* H.B. 239 01-18-23 4:15 PM
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28 26-70-101, as enacted by Laws of Utah 2022, Chapter 327
29ENACTS:
30 26-21-36, Utah Code Annotated 1953
31 26-70-103, Utah Code Annotated 1953
32
33Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 26-21-36 is enacted to read:
35 26-21-36. Health care facilities within a hospital system.
36 (1) As used in this section:
37 (a) "Hospital system" means the same as that term is defined in Section 26-70-101.
38 (b) "Medical information" means the same as that term is defined in Section
3926-70-101.
40 (2) Beginning July 1, 2025, a health care facility that is owned or operated by a hospital
41system shall ensure that medical information collected by the health care facility is accessible
42in accordance with Section 26-70-103.
43 Section 2. Section 26-70-101 is amended to read:
44 CHAPTER 70. PATIENT HEALTH RECORD ACCESS
45 26-70-101. Definitions.
46 As used in this chapter:
47 (1) "HIPAA" means the Health Insurance Portability and Accountability Act of 1996,
48Pub. L. No. 104-191, 110 Stat. 1936, as amended.
49 (2) "Hospital" means:
50 (a) a general acute hospital as defined in Section 26-21-2; and
51 (b) a specialty hospital as defined in Section 26-21-2.
52 (3) "Hospital system" means an entity that owns or operates at least five hospitals that
53are licensed under Chapter 21, Health Care Facility Licensing and Inspection Act.
54 (4) "Medical information" means one or more of the following regarding a patient:
55 (a) for each time the patient is hospitalized:
56 (i) an admission history and physical exam; or
57 (ii) a discharge summary;
58 (b) the health care provider's notes regarding: 01-18-23 4:15 PM H.B. 239
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59 (i) an emergency room visit;
60 (ii) an urgent care visit;
61 (iii) a primary care outpatient care visit; or
62 (iv) a consultation office visit;
63 (c) a radiology report;
64 (d) a lab report; or
65 (e) a pathology report.
66 [(2)] (5) "Patient" means the individual whose information is being requested.
67 [(3)] (6) "Personal representative" means an individual described in 45 C.F.R. Sec.
68164.502(g).
69 Section 3. Section 26-70-103 is enacted to read:
70 26-70-103. Patient information access by a health care provider.
71 (1) Subject to Subsection (4), beginning July 1, 2025, each hospital system,
72collectively, shall ensure that a patient's medical information housed by each hospital system is
73accessible to the patient or a physician designated by the patient:
74 (a) when the patient or the physician treating the patient at a hospital system needs the
75medical information; and
76 (b) through the use of single login.
77 (2) The department shall facilitate discussions with each hospital system, individually
78and collectively, for the hospital systems to determine how the hospital systems will comply
79with Subsection (1).
80 (3) On or before November 1, 2024, the department shall notify the Health and Human
81Services Interim Committee indicating how the hospital systems intend to comply with
82Subsection (1).
83 (4) (a) If the hospital systems are unable to reach a unanimous decision regarding how
84to comply with Subsection (1) on or before October 31, 2024, the department shall:
85 (i) indicate that the hospital systems could not come to a unanimous decision in the
86notification described in Subsection (3); and
87 (ii) designate a single health information exchange for the hospital systems to provide
88medical information that will comply with Subsection (1).
89 (b) If the department indicates that a unanimous decision could not be reached under H.B. 239 01-18-23 4:15 PM
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90Subsection (4)(a)(i), a hospital system shall provide all medical information to the health
91information exchange described in Subsection (4)(a)(ii) beginning July 1, 2025.