Title 26B, Title 26B: Utah Health and Human Services Code

26B-8-401. Definitions. As used in this part: (1) "Disclosure" or "disclose" means the communication of health data to any individual or organization outside the department. (2) "Health data" means any information, except vital records as defined in Section, relating to the healt…

26B-8-402. Powers of department to collect and maintain health data. The department may on a voluntary basis, except when there is specific legal authority to compel reporting of health data: (1) collect and maintain health data on: the extent, nature, and impact of illness and d…

26B-8-403. Quality and publication of statistics. The department shall: (1) take such actions as may be necessary to assure that statistics developed under this part are of high quality, timely, and comprehensive, as well as specific, standardized, and adequately analyzed and ind…

26B-8-404. Coordination of health data collection activities. (1) The department shall coordinate health data activities within the state to eliminate unnecessary duplication of data collection and maximize the usefulness of data collected. (2) Except as specifically provided, th…

26B-8-405. Uniform standards -- Powers of department. The department may: (1) participate and cooperate with state, local, and federal agencies and other organizations in the design and implementation of uniform standards for the management of health information at the federal, s…

26B-8-406. Disclosure of health data -- Limitations. The department may not make a disclosure of any identifiable health data unless: (1) one of the following persons has consented to the disclosure: the individual; the next-of-kin if the individual is deceased; the parent or leg…

26B-8-407. Disclosure of health data -- Discretion of department -- Exception. (1) Any disclosure provided for in Sectionshall be made at the discretion of the department. 26B-8-406 (2) Notwithstanding Subsection (1), the disclosure provided for in: Subsectionshall be made when t…

26B-8-408. Health data not subject to subpoena or compulsory process -- Exception. Identifiable health data obtained in the course of activities undertaken or supported under this part may not be subject to discovery, subpoena, or similar compulsory process in any civil or crimin…

26B-8-409. Department measures to protect security of health data. The department shall protect the security of identifiable health data by use of the following measures and any other measures adopted by rule: (1) limit access to identifiable health data to authorized individuals…

26B-8-410. Relation to other provisions. Because the following parts contain specific provisions regarding collection and disclosure of data, the provisions of this part do not apply to data that is subject to the following parts: (1) ; Part 1, Vital Statistics (2) ; and Part 2, …

26B-8-411. Duty to establish standards for the electronic exchange of clinical health information -- Immunity. (1) As used in this section: "Affiliate" means an organization that directly or indirectly through one or more intermediaries controls, is controlled by, or is under com…

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: is assigned by the department to identifiable health data; is consistent with the best practic…

26B-8-501.1. Health data authority duties. (1) The department shall: develop and maintain written plans for collecting, managing, and using data under this part, including: a strategic plan that: identifies the key health care issues, questions, and problems that can be addressed…

26B-8-502. Executive secretary -- Appointment -- Powers. (1) An executive secretary shall be appointed by the executive director, in consultation with the committee, and shall serve under the administrative direction of the executive director. (2) The executive secretary shall: e…

26B-8-503. Limitations on use of health data. The department may not use the health data provided to it by third-party payors, health care providers, or health care facilities to make recommendations with regard to a single health care provider or health care facility, or a group…

26B-8-504. Health care cost and reimbursement data -- All Payer Claims Database. (1) The department shall, as funding is available: establish a plan for collecting data from data suppliers to determine measurements of cost and reimbursements for risk-adjusted episodes of health c…

26B-8-505. Comparative analyses. (1) The department may publish compilations or reports that compare and identify health care providers or data suppliers from the data it collects under this part or from any other source. (2) Except as provided in Subsection (7)(c), the departmen…

26B-8-506. Limitations on release of reports. The department may not release a compilation or report that compares and identifies health care providers or data suppliers unless it: (1) allows the data supplier and the health care provider to verify the accuracy of the information…

26B-8-507. Disclosure of identifiable health data prohibited. (1) All information, reports, statements, memoranda, or other data received by the department are strictly confidential. Any use, release, or publication of the information shall be done in such a way that no person is…

26B-8-508. Exceptions to prohibition on disclosure of identifiable health data. (1) The department may not disclose any identifiable health data unless: the individual whose data is being disclosed has authorized the disclosure; the disclosure is made in accordance with Subsectio…

26B-8-509. Penalties. (1) Any use, release, or publication of health care data contrary to the provisions of Sectionsandis a class A misdemeanor. 26B-8-507 26B-8-508 (2) Subsectiondoes not relieve the person or organization responsible for that use, release, or publication from c…

26B-8-510. Health data not subject to subpoena or compulsory process -- Exception. Identifiable health data obtained in the course of activities undertaken or supported under this part are not subject to subpoena or similar compulsory process in any civil or criminal, judicial, a…

26B-8-511. Consumer-focused health care delivery and payment reform demonstration project. (1) The Legislature finds that: current health care delivery and payment systems do not provide system wide incentives for the competitive delivery and pricing of health care services to co…

26B-8-512. Health care billing data. (1) Subject to Subsection, the department shall make aggregate data produced under this part available to the public through a standardized application program interface format. (2) (2) The department shall ensure that data made available to t…

26B-8-514. Standard health record access form. (1) As used in this section: "HIPAA" means the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat. 1936, as amended. "Patient" means the individual whose information is being requested. "Person…

26B-9-101. Definitions. As used in this part: (1) "Account" means a demand deposit account, checking or negotiable withdrawal order account, savings account, time deposit account, or money-market mutual fund account. (2) "Alleged father" means the same as that term is defined in …

26B-9-103. Office of Recovery Services -- Creation. (1) There is created within the department the Office of Recovery Services which has the powers and duties provided by law. (2) The office is under the administrative and general supervision of the executive director.

26B-9-104. Duties of the Office of Recovery Services. (1) The office shall: except as provided in Subsection, provide child support services if: (2) the office has received an application for child support services; the state has provided public assistance; or a child lives out o…

26B-9-105. Disclosure of information regarding employees. (1) Upon request by the office, for purposes of an official investigation made in connection with its duties under Section, the following disclosures shall be made to the office: 26B-9-104 a public or private employer shal…

26B-9-106. Adjudicative proceedings. The office and the department shall comply with the procedures and requirements of, in their adjudicative proceedings.

26B-9-107. Office may file as real party in interest -- Written consent to payment agreements -- Money judgment in favor of obligee considered to be in favor of office to extent of right to recover. (1) The office may file judicial proceedings as a real party in interest to estab…

26B-9-108. Director -- Powers of office -- Representation by county attorney or attorney general -- Receipt of grants -- Rulemaking and enforcement -- Meetings. (1) The director of the office shall be appointed by the executive director. (2) The office has power to administer oat…

26B-9-109. Office designated as criminal justice agency -- Access by IV-D agencies to motor vehicle and law enforcement data through the office. (1) The office is designated as a criminal justice agency for the purpose of requesting and obtaining access to criminal justice inform…

26B-9-110. Lien provisions. Provisions for collection of any lien placed as a condition of eligibility for any federally or state-funded public assistance program are as follows: (1) Any assistance granted after July 1, 1953 to the spouse of an old-age recipient who was not eligi…

26B-9-111. Assignment of support -- Children in state custody. (1) Child support is assigned to the department by operation of law when a child is residing outside of his home in the protective custody, temporary custody, custody, or care of the state for at least 30 days. (2) Th…

26B-9-112. Alternative payment by obligor through electronic funds transfer. (1) The office may enter into a written alternative payment agreement with an obligor that provides for electronic payment of: child support under, or; or Part 3, Income Withholding in IV-D Cases Part 4,…

26B-9-113. Mandatory distribution to obligee through electronic funds transfer. (1) Notwithstanding any provision of this chapter to the contrary, and except as provided in Subsection, the office shall distribute: (3) a child support payment under Subsectionor Sectionby electroni…

26B-9-114. Collection of spousal support after child support ends. (1) An obligee may request that the office continue to collect spousal support on behalf of the obligee if: the office has been collecting spousal support for the obligee as a part of child support; and the office…

26B-9-201. Definitions. As used in this part: (1) "Adjudicative proceeding" means an action or proceeding of the office conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act. (2) "Administrative order" means an order that has been issued by the office, …

26B-9-202. Common-law and statutory remedies augmented by act. (1) The state of Utah, exercising its police and sovereign power, declares that the common-law and statutory remedies pertaining to family desertion and nonsupport of children shall be augmented by this part, which is…

26B-9-203. Application for child support services. (1) Any person applying to the office for child support services shall be required to attest to the truthfulness of the information contained in the application. (2) The attestation shall indicate that the person believes that al…

26B-9-204. Annual fee for child support services to a custodial parent who has not received TANF assistance. (1) The office shall impose an annual fee of $35 in each case in which services are provided by the office if: the custodial parent who received the services has never rec…

26B-9-205. Expedited procedures for establishing parentage or establishing, modifying, or enforcing a support order. (1) The office may, without the necessity of initiating an adjudicative proceeding or obtaining an order from any other judicial or administrative tribunal, take t…

26B-9-206. Issuance or modification of administrative order -- Compliance with court order -- Authority of office -- Stipulated agreements -- Notification requirements. (1) Through an adjudicative proceeding the office may issue or modify an administrative order that: determines …

26B-9-207. Filing of location information -- Service of process. (1) Upon the entry of an order in a proceeding to establish parentage or to establish, modify, or enforce a support order, each party shall file identifying information and shall update that information as changes o…

26B-9-208. Financial institutions. (1) The office shall enter into agreements with financial institutions doing business in the state: to develop and operate, in coordination with such financial institutions, a data match system that: uses automated data exchanges to the maximum …