1st Sub. H.B. 239
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: C. Williams 6
6 02-08-23 8:49 PM 6
H.B. 239
1st Sub. (Buff)
Representative Raymond P. Ward proposes the following substitute bill:
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 This bill appropriates in fiscal year 2024:
24 <to the Department of Health and Human Services - Operations - Data, Systems, &
25Evaluations, as an ongoing appropriation:
*HB0239S01* 1st Sub. (Buff) H.B. 239 02-08-23 8:49 PM
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26 Cfrom the General Fund, $1,500,000.
27Other Special Clauses:
28 None
29Utah Code Sections Affected:
30AMENDS:
31 26-70-101, as enacted by Laws of Utah 2022, Chapter 327
32 63I-1-226, as last amended by Laws of Utah 2022, Chapters 194, 206, 224, 253, 255,
33347, and 451
34ENACTS:
35 26-21-36, Utah Code Annotated 1953
36 26-70-103, Utah Code Annotated 1953
37
38Be it enacted by the Legislature of the state of Utah:
39 Section 1. Section 26-21-36 is enacted to read:
40 26-21-36. Health care facilities within a hospital system.
41 (1) As used in this section:
42 (a) "Hospital system" means the same as that term is defined in Section 26-70-101.
43 (b) "Medical information" means the same as that term is defined in Section
4426-70-101.
45 (2) Beginning July 1, 2025, a health care facility that is owned or operated by a hospital
46system shall ensure that medical information collected by the health care facility is accessible
47in accordance with Section 26-70-103.
48 Section 2. Section 26-70-101 is amended to read:
49 CHAPTER 70. PATIENT HEALTH RECORD ACCESS
50 26-70-101. Definitions.
51 As used in this chapter:
52 (1) "HIPAA" means the Health Insurance Portability and Accountability Act of 1996,
53Pub. L. No. 104-191, 110 Stat. 1936, as amended.
54 (2) "Hospital" means:
55 (a) a general acute hospital as defined in Section 26-21-2; and
56 (b) a specialty hospital as defined in Section 26-21-2. 02-08-23 8:49 PM 1st Sub. (Buff) H.B. 239
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57 (3) "Hospital system" means an entity that owns or operates at least five hospitals that
58are licensed under Chapter 21, Health Care Facility Licensing and Inspection Act.
59 (4) "Medical information" means one or more of the following regarding a patient:
60 (a) for each time the patient is hospitalized:
61 (i) an admission history and physical exam; or
62 (ii) a discharge summary;
63 (b) the health care provider's notes regarding:
64 (i) an emergency room visit;
65 (ii) an urgent care visit;
66 (iii) a primary care outpatient care visit; or
67 (iv) a consultation office visit;
68 (c) a radiology report;
69 (d) a lab report; or
70 (e) a pathology report.
71 [(2)] (5) "Patient" means the individual whose information is being requested.
72 [(3)] (6) "Personal representative" means an individual described in 45 C.F.R. Sec.
73164.502(g).
74 Section 3. Section 26-70-103 is enacted to read:
75 26-70-103. Patient information access by a health care provider.
76 (1) Beginning July 1, 2025, each hospital system, collectively, shall ensure that a
77patient's medical information that is created when the patient receives care from the hospital
78system is accessible to a physician designated by the patient, preferably through the use of
79single login.
80 (2) The department shall facilitate discussions with each hospital system and the One
81Utah Health Collaborative as to how to best achieve the requirement described in Subsection
82(1).
83 (3) The liability protections of Subsection 26-1-37(5) a hospital system's compliance
84with Subsection (1).
85 (4) To better improve patient access to the patient's medical information, the
86department shall communicate with each hospital system and with the One Utah Health
87Collaborative to determine whether each hospital system, collectively, will create and adopt the 1st Sub. (Buff) H.B. 239 02-08-23 8:49 PM
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88same policies regarding one or all of the following:
89 (a) the creation of a published provider directory that contains identifying information
90of the providers to facilitate interfaces between systems;
91 (b) the establishment of technical specifications that would enable identity verification
92and authentication both for a patient and a health care provider; and
93 (c) the creation of a consensus data sharing agreement for health care providers and
94hospitals that is consistent with applicable federal and state laws.
95 (5) The department shall report to the Health and Human Services Interim Committee
96before November 1, 2023, and again between June 1, 2024, and November 1, 2024, regarding:
97 (a) any progress towards the hospital systems complying with Subsection (1); and
98 (b) whether a consensus has been achieved on any of the items listed in Subsection (4).
99 (6) To better improve a patient's access and control of the patient's own medical
100information when a patient receives care from more than one hospital system, the department
101shall communicate with each hospital system and with the One Utah Health Collaborative to
102determine which policies or projects would best improve:
103 (a) the accuracy of any information that the patient requests to have shared;
104 (b) the completeness of any information that the patient requests to have shared;
105 (c) the security of any information that the patient requests to have shared;
106 (d) the timeliness of any information that the patient requests to have shared;
107 (e) the ability of the patient to block any of the patient's data from being shared; or
108 (f) the ability of the patient to block the patient's data from any individual source from
109being shared.
110 Section 4. Section 63I-1-226 is amended to read:
111 63I-1-226. Repeal dates: Title 26 through 26B.
112 (1) Section 26-1-7.5, which creates the Utah Health Advisory Council, is repealed July
1131, 2025.
114 (2) Section 26-1-40 is repealed July 1, 2022.
115 (3) Section 26-1-41 is repealed July 1, 2026.
116 (4) Section 26-1-43 is repealed December 31, 2025.
117 (5) Section 26-7-10 is repealed July 1, 2025.
118 (6) Subsection 26-7-11(5), regarding reports to the Legislature, is repealed July 1, 02-08-23 8:49 PM 1st Sub. (Buff) H.B. 239
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1192028.
120 (7) Section 26-7-14 is repealed December 31, 2027.
121 (8) Section 26-8a-603 is repealed July 1, 2027.
122 (9) Title 26, Chapter 9f, Utah Digital Health Service Commission Act, is repealed July
1231, 2025.
124 (10) Subsection 26-10-6(5), which creates the Newborn Hearing Screening Committee,
125is repealed July 1, 2026.
126 (11) Section 26-10b-106, which creates the Primary Care Grant Committee, is repealed
127July 1, 2025.
128 (12) Subsection 26-15c-104(3), relating to a limitation on the number of
129microenterprise home kitchen permits that may be issued, is repealed July 1, 2022.
130 (13) Subsection 26-18-2.6(9), which addresses reimbursement for dental hygienists, is
131repealed July 1, 2028.
132 (14) Section 26-18-27 is repealed July 1, 2025.
133 (15) Section 26-18-28 is repealed June 30, 2027.
134 (16) Title 26, Chapter 18, Part 2, Drug Utilization Review Board, is repealed July 1,
1352027.
136 (17) Subsection 26-18-418(2), the language that states "and the Behavioral Health
137Crisis Response Commission created in Section 63C-18-202" is repealed July 1, 2023.
138 (18) Section 26-33a-117 is repealed December 31, 2023.
139 (19) Title 26, Chapter 33a, Utah Health Data Authority Act, is repealed July 1, 2024.
140 (20) Title 26, Chapter 36b, Inpatient Hospital Assessment Act, is repealed July 1,
1412024.
142 (21) Title 26, Chapter 36c, Medicaid Expansion Hospital Assessment Act, is repealed
143July 1, 2024.
144 (22) Title 26, Chapter 36d, Hospital Provider Assessment Act, is repealed July 1, 2024.
145 (23) Section 26-39-201, which creates the Residential Child Care Licensing Advisory
146Committee, is repealed July 1, 2024.
147 (24) Section 26-39-405, Drinking water quality in child care centers, is repealed July 1,
1482027.
149 (25) Section 26-40-104, which creates the Utah Children's Health Insurance Program 1st Sub. (Buff) H.B. 239 02-08-23 8:49 PM
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150Advisory Council, is repealed July 1, 2025.
151 (26) Section 26-50-202, which creates the Traumatic Brain Injury Advisory
152Committee, is repealed July 1, 2025.
153 (27) Title 26, Chapter 54, Spinal Cord and Brain Injury Rehabilitation Fund and
154Pediatric Neuro-Rehabilitation Fund, is repealed January 1, 2025.
155 (28) Title 26, Chapter 66, Early Childhood Utah Advisory Council, is repealed July 1,
1562026.
157 (29) Title 26, Chapter 68, COVID-19 Vaccine Restrictions Act, is repealed July 1,
1582024.
159 (30) Section 26-69-406 is repealed July 1, 2025.
160 (31) Section 26-70-103 is repealed July 1, 2027.
161 [(31)] (32) Subsection 26B-1-204(2)(i), related to the Residential Child Care Licensing
162Advisory Committee, is repealed July 1, 2024.
163 [(32)] (33) Subsection 26B-1-204(2)(k), related to the Primary Care Grant Committee,
164is repealed July 1, 2025.
165 Section 5. Appropriation.
166 The following sums of money are appropriated for the fiscal year beginning July 1,
1672023, and ending June 30, 2024. These are additions to amounts previously appropriated for
168fiscal year 2024. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
169Act, the Legislature appropriates the following sums of money from the funds or accounts
170indicated for the use and support of the government of the state of Utah.
171ITEM 1
172To Department of Health and Human Services - Operations
173 From General Fund 1,500,000
174 Schedule of Programs:
175 Data, Systems, & Evaluations 1,500,000
176 The Legislature intends that the Department of Health and Human Services use the
177appropriation, through one or more requests for proposal, to:
178 (1) assist the hospital systems to meet the obligations of Subsection 26-70-103(1);
179 (2) assist in facilitating discussions and creating policies upon consensus as described
180in Subsection 26-70-103(5); and 02-08-23 8:49 PM 1st Sub. (Buff) H.B. 239
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181 (3) accomplish the projects described in Subsection 26-70-103(6).