26B-1-413. Health Data Committee -- Purpose, powers, and duties of the committee -- Membership -- Terms -- Chair -- Compensation.
(1) The definitions in Sectionapply to this section. 26B-8-501
(2) There is created within the department the Health Data Committee.
(3) The committee shall advise and consult with the department related to the department's duties under Chapter 8, Part 5, Utah Health Data Authority.
(4) The committee shall be composed of 19 members.
(5) Five members shall be: the commissioner of the Utah Insurance Departmentor the commissioner's designee who shall have knowledge regarding the health care system and characteristics and use of health data; two legislators jointly appointed by the speaker of the House of Representatives and the president of the Senate; one advocate for data privacy jointly appointed by the speaker of the House of Representatives and the president of the Senate; and one member of the public with knowledge regarding data privacy jointly appointed by the speaker of the House of Representatives and the president of the Senate. Fourteen members shall be appointed or reappointed by the governor with the advice and consent of the Senate in accordance with Subsection (6) and Title 63G, Chapter 24, Part 2, Vacancies.
(6) The members of the committee appointed under Subsection (5)(b) shall: be knowledgeable regarding the health care system and the characteristics and use of health data; be selected so that the committee at all times includes individuals who provide care; include one person employed by or otherwise associated with a general acute hospital as defined in Section, who is knowledgeable about the collection, analysis, and use of health care data; 26B-2-201 include two physicians, as defined in Section: 58-67-102 who are licensed to practice in this state; who actively practice medicine in this state; who are trained in or have experience with the collection, analysis, and use of health care data; and one of whom is selected by the Utah Medical Association; include three persons: who are: employed by or otherwise associated with a business that supplies health care insurance to the business's employees; and knowledgeable about the collection and use of health care data; and at least one of whom represents an employer employing 50 or fewer employees; include three persons representing health insurers: 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; 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 who are trained in, or experienced with the collection, analysis, and use of health care data; include two consumer representatives: from organized consumer or employee associations; and knowledgeable about the collection and use of health care data; include one person: 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 who is knowledgeable about the collection, analysis, and use of health care data; and include two persons representing public health who are trained in or experienced with the collection, use, and analysis of health care data.
(7) Except as required by Subsection (7)(b), as terms of current committee members expire, the governor shall appoint each new member or reappointed member to a four-year term. Notwithstanding the requirements of Subsection (7)(a), the governor 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. Members may serve after the members' terms expire until replaced.
(8) When a vacancy occurs in the membership for any reason, the governor shall, with the advice and consent of the Senate, and in accordance with Subsectionand title 63G, Chapter 24, Part 2, Vacancies, appoint a replacement for the unexpired term. (5)(b)
(9) Committee members shall annually elect a chair of the committee from among the committee's membership. The chair shall report to the executive director.
(10) 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. Ten committee members constitute a quorum for the transaction of business. Action may not be taken except upon the affirmative vote of a majority of a quorum of the committee. 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,, andare met. 52-4-204 52-4-205 52-4-206
(11) A member: may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with: Section; 63A-3-106 Section; and 63A-3-107 rules made by the Division of Finance pursuant to Sectionsand; and 63A-3-106 63A-3-107 shall comply with the conflict of interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.